To consider an application for a review of a premises licence in respect of Stokes Stores, 4 Hoarwithy Road, Putson, Hereford, HR2 6HA.

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 Stokes Stores had failed in three test purchase operations since the introduction of the Licensing Act in November 2005. The sales were made on 6 September 2006, 15 December 2006 and 12 August 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 throughout the end of 2007 and 2008. He confirmed that Stokes Stores had sold alcohol to a 16 year old female in September 2006, a 15 year old female in December 2006, and a 16 year old female in August 2008. He noted that the store had refused to sell alcohol in the most recent operation which took place in October 2008. 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 that the premise employs proven training method 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.

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 drew members attention to his representation contained within the background papers which listed a number of conditions that he felt that the sub-committee may wish to attach to the licence.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Michael Walker, the premise licence holder’s legal advisor addressed the sub-committee. He advised the sub-committee that Stokes Stores employed 10 part time staff and that they were all over the age of 28 with one being a personal licence holder. He felt that it was impractical to ask for a premise licence holder to supervise all sales. He also felt that the introduction of a ‘Challenge 25’ policy could cause the store difficulties and requested that the store be permitted to continue to operate a voluntary ‘Challenge 21’ policy. In summing up he stated that the store had only made one sale during the last 6 test sale operations and felt that the record of the store in respect of test sale operations had substantially improved over the last 2 years, he felt that it would be inappropriate to add conditions to the licence but instead requested closer working with the trading standards team in respect of staff training.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Michael Harris, an employee at Stokes Stores, addressed the sub-committee.

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 Chairman felt that the licence should be amended to include the conditions recommended by the police authority. He also confirmed that the Sub-Committee felt that the licence should be suspended for 24 hours. He advised the licence holder that this suspension would commence 21 days after the date of the Hearing in order to allow an appeal to be lodged in accordance with Section 52 (11) of the Licensing Act 2003.

RESOLVED

That;

i)          the premise licence in respect of Stokes Stores, 4 Hoarwithy Road, Putson, Hereford, HR2 6HA, be amended as detailed in the attached decision notice.

ii)         the premises licence be suspended for a period of 24 hours.