To consider an application for a review of a premises licence in respect of Somerfield, Dishley Street, Leominster, HR6 8PX.

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 Somerfield had failed in two test purchase operations since December 2007. The sales were made on 28 December 2007 and 20 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 Somerfield had sold alcohol to a 16 year old female in December 2007 and a 16 year old female in August 2008. He noted that the store had refused to sell alcohol in two other test purchase operations in 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 25” 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 noted that other Somerfield stores in Herefordshire had also failed in recent test purchase operations. He also noted that training had been overdue in one of the other stores and that training records in the Leominster store had not been checked.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr John Walsgrove, the premise licence holder’s legal advisor addressed the sub-committee. He noted that it was the committees’ responsibility to promote the licensing objectives and felt that this would be best achieved through the addition of conditions on the licence. He voiced concern that other Somerfield stores in Herefordshire had been referred to during the Principal Trading Standards Officer’s presentation as he felt that the application should be considered on its own merits. He also noted that the ministerial letter referred to by the PC Thomas and the Principal Trading Standards Officer was for guidance and related to violent crime and alcohol related violent crime and was therefore not relevant in this case. He advised the Sub-Committee that both members of staff who had made the sales had been served with final written warnings and that Somerfield had now introduced the ‘Serve Legal’ independent test sale campaign.

In response to a point made by Mr Walsgrove, PC Thomas stated that Somerfield had become an intelligence led premises following two failed test purchases in 2008.

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.

In response to a question from Mr Walgrove, the premises licence holder’s legal advisor, the Legal practice Manager confirmed that the committee felt that a 24 hour suspension of the licence was necessary and proportionate due to the failure rate of the store during recent test sale operations.

The Legal Practice Manager stated that the sub-committee was cognisant that the licence was capable of being deemed as property within the meaning of the European Court of Human Rights. He said that in reaching its decision the committee had heard all of the submissions and had made its adjudication in a manner which was both balanced and proportionate and consistent with the licensing objectives and its own licensing policy.

RESOLVED

That;

i)        the premise licence in respect of Somerfield, Dishley Street, Leominster, HR6 8PX, be amended as detailed in the attached decision notice.

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