To consider an application for a review of a premises licence in respect of Spar, 3/5 Bargates, Leominster, HR6 8EX.

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 Spar 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 Spar had sold alcohol to a 16 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. 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 that two further conditions be added to the licence:

• That the use of “challenge 21” is made a condition of all sales made on the premise.
• That the premise employs proven training methods for all staff, in age restricted sales, and that written records of the training are kept and made available for inspection by the Licensing Authority and Police.

PC Thomas advised members that Spar were already members of the Leominster HAND scheme as well as being members of the Leominster Retail Radio scheme. He added that the management and staff of the store had been extremely helpful and cooperative.

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 its 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, Mr Adrian Roberts, representing the Premise Licence Holder, addressed the sub-committee. He said that Tates were responsible for 200 convenience stores nationwide and took their responsibility seriously. He advised members of the induction and training plan provided for staff in respect of age restricted sales and produced supporting documentation. He felt that it would be impractical to require a licence holder to be on the premise at all times due to the long store opening times. In response to a question, Mr Roberts advised the sub-committee that disciplinary action had been taken in respect of the two staff members responsible for the underage sales. He also advised that as a result of the test purchase operation the company had revised their internal test purchase procedure.

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 24 hours. 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 Spar, 3/5 Bargates, Leominster, HR6 8EX, be amended as detailed in the attached decision notice.

• the premises licence be suspended for a period of 24 hours commencing at 00.01 on 1 June 2008.