To consider an application for a review of the premises licence relating to ‘McColls, 7 The Oval, Hereford, HR2 7HG.’

The Regulatory Sub-Committee was convened in order to determine an application for a review of a premises 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 Bargain Booze Plus had failed in a recent test purchase operation. The sale was made in June 2009. The Sub-Committee were advised that the premises had previously been reviewed on 4 November 2008 when conditions were added to the licence.

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, Inspector Gary Thomas, representing West Mercia Police Authority addressed the sub-committee. 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 the licence be revoked.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Tim Thorne, the Principal Trading Standards Officer addressed the sub-committee. He advised Members that the store had passed a test purchase operation on 8 August 2009. He informed Members that since the premises had failed the test purchase a procedure had been introduced requiring every sale of alcohol to be authorised by two members of staff.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Crank, the premise licence holder’s Legal advisor, addressed the sub-committee. He raised a number of points, including:

·         3 sales had been made in 10 test purchase operations.

·         The latest test purchase in the store had not resulted in a sale.

·         10 Personal licence holders were employed in the store.

·         The employee who made the sale had a good record of refusing sales, highlighted by the details contained within the submitted refusal log.

·         A thorough investigation had taken place following the sale.

·         Employee believed that she had requested identification from the person who made the purchase on a separate occasion.

·         Employee issued with a final written warning.

·         The company had introduced internal test purchase operations.

·         New £18 million till and CCTV system being introduced to assist staff in age restricted sales nationally.

·         All sales of alcohol were now countersigned to ensure no breaches were made.

·         The Designated Premises Supervisor had been removed from the store and replaced.

·         The area manager’s store visits had been increased to a fortnightly visit.

·         An error by the employee. She had received full training.

·         Revocation of the licence would be punitive and had an impact on the business which could result in a loss of jobs.

·         PC Thomas had viewed the training records and he was happy with the training offered.

• A short suspension may be more appropriate than a revocation of the licence.

In response to questions raised by the Sub-Committee, Mr Crank made the following points:

·         The store turnover was £28000, alcohol sales accounted for £14000 of the turnover.

·         Between 500 and 600 people visited the store per day.

• The nearest Post Office if the store closed would be within the city centre.

All parties were given the opportunity to sum up before the Sub-Committee retired to make their decision, the Council’s Legal Advisor and the Democratic Services Officer also retired to assist them with procedural matters.

RESOLVED

That;

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

ii)      the premises licence be suspended for a period of 7 days commencing 00:01 on 1 September 2009.