To consider an application for a review of a premises licence in respect of Local, 28 High Street, Leominster, HR6 8LZ.

The Regulatory Sub-Committee was convened in order to determine an application for a review of a premise licence in accordance with Section 51 of the Licensing Act 2003. The Review had been applied for by the Chief Constable of the West Mercia Constabulary after Local Leominster failed in two test purchase operations on 28 December 2007 and 1 March 2008.

The Chairman introduced the Members and Officers and asked any interested parties to introduce themselves. He advised them of the hearing procedures and then asked the Licensing Officer to present his report.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, PC Steve Thomas, representing West Mercia Police Authority addressed the sub-committee. He advised them that the test purchase operations had initially been introduced as a Home Office sponsored initiative but due to a high failure rate in Herefordshire the Police Authority and the Trading Standards department had taken the decision to undertake a further series of test purchase operations in December 07, March 08, and more recently in May 08. He confirmed that Local had sold alcohol to a 15 year old female in December and a 15 year old female in March 2008 but had refused to sell alcohol in the most recent operation. He confirmed that on both occasions the Designated Premises Supervisor had not been in the store. In order to promote the licensing objectives of the prevention of public nuisance and the protection of children from harm and in accordance with Section 53 C (3)(a) of the Licensing Act 2003, he requested four further conditions be added to the licence:

• The removal of the current DPS.
• That the use of “challenge 21” is made a condition of all sales made on the premise.
• The premises join the Leominster HAND scheme, including the provision of a pub watch radio in the store.
• The provision of CCTV which meets the requirements and expectations of the Licensing Authority and Police.

He also requested that the premise licence holder undertake the following actions:

• Review the store layout with a view to preventing or reducing incidents of theft.
• Endeavour to ensure that there are two members of staff on duty between 1800 and 2200 on Friday and Saturday evenings.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Tim Thorne, the Principal Trading Standards Officer addressed the sub-committee. He felt that a challenge 25 policy would be more beneficial than the challenge 21 policy that had already been in place when the test purchase sales were made. He advised members of the 10 conditions he had detailed in their background papers and asked them to consider imposing all of the conditions in order to promote the licensing objective of protecting children from harm.

• Ensure a personal licence holder is on the premises at all times.
• Ensure comprehensive training is given to staff. This training should be recorded and refreshed at least once every 6 months.
• Ensure staff are trained on how to spot underage purchasers and to handle refusals safely.
• Adopt a NO ID NO SALE policy.
• Adopt a Challenge 21 policy. Asking anyone who looks under 21 to provide suitable ID to prove that they are over 18 before you serve them.
• Only accept the following forms of ID: Valid British Passport; Photo Driving Licence; and proof of age cards carrying the PASS hologram.
• Use a refusals log; monitor it’s usage to ensure all staff are being vigilant.
• Display posters and notices, at entrance and points of sale, advising customers of the age restrictions and that they will be asked for ID if they look under 21.
• Have a CCTV system installed. Tapes/recordings must be kept for 4 weeks minimum. These tapes/recordings should be kept for any agency that requires them.
• Dependant on the type of till in use at the premise, install a Till Prompt system.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mrs Sue Dixon, representing the Premise Licence Holder, addressed the sub-committee. She advised the Sub-Committee that the Thresher’s group operated 1700 branches nationwide. She accepted that there had been mistakes made at their Leominster store due to issues with the DPS which would be resolved through the introduction of a new DPS to the store. She was pleased to report that a number of the measures suggested by the police and the trading standards officer had been implemented including: the introduction of a digital CCTV system; membership of the HANDS scheme; the introduction of a ‘Challenge 25’ policy; and a review of the store layout.

The Sub-Committee retired to make their decision, the Legal Practice Manager and the Democratic Services Officer also retired to assist them with procedural matters.

The Sub-Committee took the view that the licence should be amended as detailed in the attached decision notice. They also felt that the licence should be suspended for a period of 7 days. The Chairman advised the licence holder that this suspension would commence on 1 June 2008 in order to allow an appeal to be lodged in accordance with Section 52 (11) of the Licensing Act 2003.

RESOLVED

That;

• the premise licence in respect of Local, 28 High Street, Leominster, HR6 8LZ, be amended as detailed in the attached decision notice.

• the premises licence be suspended for a period of 7 days commencing at 00.01 on 1 June 2008.