To consider an application for a review of a premises licence in respect of McCOLL’s,

7 The Oval, Hereford, HR2 7HG.

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 McColl’s had failed in three test purchase operations since the introduction of the Licensing Act in November 2005. The sales were made on 4 May 2007 and 12 August 2008 (2 sales made).

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 McColl’s had sold alcohol to a 16 year old female in May 2007 and two 16 year old females in one day on 12 August 2008. He also added that a sale of alcohol had also been made to a minor in August 2005. 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.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr David Crank, the premise licence holder’s legal advisor addressed the sub-committee. He noted that it was the committee’s responsibility to promote the licensing objectives and felt that this would be best achieved through the addition of conditions on the licence. He agreed to the suggested conditions as well as proposing a further condition regarding appropriate signage. He presented the committee with a booklet given to all employees called ‘Your Guide to Selling Alcohol’ and a fully documented training log which had been signed by all staff. He also stated that the store had decided to voluntarily introduce a challenge 30 scheme in store in an effort to promote the licensing objectives. He confirmed that the store had CCTV and also had a till prompt system.

In response to a question regarding the recent test sale failure Mr Crank advised the sub-committee that the member of staff responsible for the two sales was a personal licence holder and an experienced member of staff. He added that the sales were made on her first day back in the store after a period of absence. He confirmed that she had since received further training and had received disciplinary action.

As well as the measures mentioned previously Mr Crank also confirmed that the Regional Manager had recently introduced a counter sign system where all receipts for alcohol sales were counter signed by another member of staff. He also added that on a national level McColl’s were investing in a new CCTV and till prompt system which would cost the company in excess of £18 million.

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 three conditions agreed with the applicant as well as an additional condition requiring a personal licence holder to be on site during any sales of alcohol. He advised the licence holder that the conditions 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.

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 the premise licence in respect of McColl’s, 7 The Oval, Hereford, HR2 7HG, be amended as detailed in the attached decision notice.