To consider a review of a premises licence in respect of Bargain Booze, 3 Yazor Road, Hereford, HR4 0LZ.

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 Herefordshire Council’s Trading Standards Department 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 Licensing Officer to present the report.

The Licensing Officer advised the Sub-Committee that the premises had been the subject of a test purchase operation in July 2011. He also advised them that conditions had now been agreed with the Premises Licence Holder.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr David Hough, representing Herefordshire Council’s Trading Standards Department, who had applied for the review, addressed the sub-committee. He advised the Sub-Committee that the review had been applied for after the premises had failed a test purchase operation and had sold alcohol to a 16 year old girl. He advised that there were two Members of staff behind the counter when the sale was made and that neither requested proof of age. He added that he was concerned with the level of training that had taken place and felt that this could be addressed through the agreed conditions.

Mr James Mooney, representing West Mercia Police, also addressed the Sub-Committee and advised that he agreed with the conditions suggested by the Council.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Paul Sherrot, the premises licence holder’s licensing advisor, addressed the sub-committee. He made a number of points, including:

·         The negotiations in respect of the now agreed conditions commenced on 19 October 2011.

·         The premises had passed 4 test purchase operations prior to the recent failure.

·         The suggestion that two members of staff were behind the till at the time of sale was refuted.

·         The Sub-Committee should now formalise the agreed conditions.

The Sub-Committee retired to make their decision, the Acting Principal Lawyer and the Democratic Services Officer also retired to assist them with procedural matters.

The Acting Principal Lawyer read out the decision of the Sub-Committee at the conclusion of the meeting. He also advised the Premises Licence Holder that the Committee would consider a suspension or revocation of the premises licence if he were to fail another test purchase operation in the future.

RESOLVED

That the following conditions be attached to the licence in respect of Bargain Booze, 3 Yazor Road, Hereford, HR4 0LZ.

1.         All staff prior to being engaged in the sale of alcohol shall be trained in Responsible alcohol retailing to the minimum standard of BIIAB level 1 or any other training package agreed with Herefordshire Trading Standards. The method of delivery of the training is documented and also agreed by Herefordshire Council Trading Standards. All existing staff shall be trained within one month of the date that this condition appears on this licence. All staff shall be re-trained six monthly thereafter.  Training records shall be kept on the premises which shall show the name of the training course attended, or training package used, the date of the training, the name of the person undertaking the training and shall be produced to the police or an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or an authorised Trading Standards Officer of Herefordshire Council on demand.

2.         A written register of refusals will be kept including a description of the people who have been unable to provide required Identification to prove their age. Such records shall be kept for a period of 12 months and will be collected on a daily basis by the Designated Premises Supervisor and produced to the police or an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or an authorised Trading Standards Officer of Herefordshire Council on demand.

3.         The premises shall operate a Challenge 25 Policy. Such policy shall be written down and kept at the premises. The policy shall be produced on demand of the Police or an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or an authorised Trading Standards Officer of Herefordshire Council. Prominent, clear and legible signage (in not less than 32 font bold) shall also be displayed at all entrances to the premises as well as at, at least one location behind any counter advertising the scheme operated.

4.         That the Designated Premise Supervisor and all Personal Licence holders must hold the BIIAAB Level 2 qualification. A record of the qualification shall be produced on demand of the Police or an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or an authorised Trading Standards Officer of Herefordshire Council.