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

The Committee were asked to deal with a preliminary point prior to determining the application. The Licensing Officer drew the Sub-Committee’s attention to an email on page 121 of their supplementary documents which had been submitted by the applicant’s legal advisor following a meeting with the Licensing Authority. The Licensing Officer confirmed that the Sub-Committee could adjourn the item until a given date if it was deemed to be in the public interest.

Mr David Crank, the applicant’s legal adviser, addressed the Sub-Committee and advised that an adjournment was being requested subject to his clients agreeing to 5 voluntary conditions. He advised that the conditions were store specific and would address the concerns of the Licensing Authority. He added that the current review would remain undetermined until a future date, to be agreed with all parties.

The Principal Trading Standards Officer advised the Sub-Committee that he was in agreement with the request for an adjournment.

The voluntary conditions agreed with the applicants were as follows:

1. A personal licence holder must be on the premises at all times when alcohol is sold.

2. Only a personal licence holder shall sell alcohol. Each and every sale must be witnessed at the time by another member of staff. That member of staff must be trained to BIIAB Level 1. Both the personal licence holder and the other member of staff, making the sale, must sign the till receipt at the time prior to the alcohol being handed over. Evidence shall be kept on site of the personal Licence and the BIIAB Qualification of the sellers and shall be made immediately available to an authorised officer (as defined by Section 13 Licensing Act 2003) and an authorised trading standards officer.

3. The premises licence holder must conduct monthly Serve Legal Test Purchases. Records of the visit must be supplied to the Local Authority Licensing Officer within 7 days of the test. The record shall show the product attempt to be purchased, the name of the server, the date and time of attempted sale.

4. The premises shall operate a Challenge 30 Policy. Such policy shall be written down and kept at the premises. The policy shall be produced on demand of 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.

5. All staff engaged in the sale of alcohol to be trained in Responsible alcohol retailing to the minimum standard of BIIAB level 1 or any equivalent training agreed by Herefordshire Council trading standards within one month of commencing employment at the premises. (Where there are existing staff this training shall be completed within one month of this date (13 December 2011). Such training shall be bespoke to McColls, The Oval, Hereford. All staff shall be re-trained six monthly thereafter. Training records shall be kept on the premises 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.

RESOLVED

THAT the determination of the application for a review of the premises licence in respect of McColl’s, 7 The Oval, Hereford, HR2 7HG, be adjourned until 3 April 2012.