To consider a review of a premises licence in respect of The Bell Inn, Leominster.

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 West Mercia Police based on the licensing objectives regarding the prevention of crime and disorder and the protection of children from harm.

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 Regulatory Services Manager to present the report.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr James Mooney, representing West Mercia Police who had applied for the review, addressed the sub-committee. He made a number of points, including:

·         The premises had been subject to two failed test purchase operations in December 2010 and February 2011.

·         The same member of staff was responsible for both sales, resulting in an 80 fixed penalty for the first offence and a court summons being issued for the second offence.

·         12 failures within a 12 week period indicate a lack of awareness, understanding and necessary systems in place to prevent under age sales.

·         Mr Hall, the designated premises supervisor, had been obstructive and difficult throughout the process.

·         The steps taken by the DPS since the incidents was lacking in detail and information and did not show a proper understanding of what was required.

·         The police were not applying for the DPS to be removed but were requesting four conditions to address their concerns.

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

·         The premises were owned by Punch Taverns with Mr Hall being the lessee.

·         The premise was a small, real ale based, community public house.

·         Although the two sales were disappointing there were no other disorder issues at the premises.

·         Mr Hall’s reaction to the test purchase failures was regrettable and he was disappointed and embarrassed by his actions.

·         Mr Hall had been at the premises for 6 years and lived above the premises with his wife and child.

• The premises did not have a high turnaround of staff with the same team in place for the previous 6 years.

The Licensing Officer advised the sub committee that there were a number of outdated conditions attached to the licence and requested the sub committee’s approval that these conditions could be amended or removed from the licence in consultation with the applicant’s legal advisor. He also requested that the word ‘licensing officer’ be replaced with ‘authorised person as defined in schedule 13 of the Licensing Act 2003’.

In response to a question, Mr Phipps advised that in his opinion the issue was not one of staff complacency.

Mr Keenan and Mr Mann both addressed the sub committee in support of the licence holder. They reiterated the points made by the applicant’s legal advisor regarding the nature of the public house.

The applicant’s legal advisor requested that the condition regarding staff training be amended to allow fully trained staff to train newly appointed staff.

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 legal and procedural matters.

When the meeting was reconvened the Council’s Legal Advisor notified all parties of the sub committee’s decision by reading out the following statement:

“The Regulatory Sub Committee has decided that the premises licence conditions in respect of the Bell Inn be modified to:

1. Incorporate the conditions requested by West Mercia Police. The sub committee clearly requires in respect of condition 1 that certifiable training be provided by an accredited external training provider.

2. Other licence conditions presently being agreed between the Council’s Licensing Officer and Punch Taverns shall be finalized within 14 days and will form part of the licence conditions. The sub committee’s Chairman’s approval shall be sought to these conditions.”

RESOLVED

That the premise licence in respect of The Bell Inn, 39 Etnam Street, Leominster, HR6 8AE, be amended as detailed in the attached decision notice.