To consider an application for a review of a premises licence in respect of Stokes Stores, 4 Hoarwithy Road, Putson, Hereford, HR2 6HA called by Herefordshire Council Trading Standards.

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 previously been the subject of a review in 2008 following a joint West Mercia Police and Herefordshire Council test purchase operation. He advised that at that review further conditions were attached to the licence and the licence was suspended for a period of 24 hours.

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 made a number of points, including:

·         On the 15 October 2011 at 20:10 hours a 16 year old female was served alcohol at Stokes’ Stores.

·         At the time of the sale there were 2 staff members present.

·         The female member of staff requested identification but was advised by the male member of staff, later identified to be a personal licence holder, that the purchaser was old enough.

·         Both members of staff had received training in age restricted sales.

·         There was a refusal register present at the premises but it had very few entrees on it.

·         3 conditions had been agreed with the premises licence holder, one additional condition had been requested but had not been agreed.

In response to a question the Principal Trading Standards Officer confirmed that the female who had made the purchase was 5’ 2” tall.

Mr James Mooney, representing West Mercia Police, also addressed the Sub-Committee and advised that he agreed with all 4 conditions suggested by the Council.

In response to a question from Mr Mike Nickson, the premises licence holder’s licensing advisor, Mr Mooney confirmed that the police did not offer licensing training as it was not a police responsibility. In response to a further question he advised that Community Support Officers were also not trained to offer licensing advice and training.

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

·         The Premises had been the subject of a previous review as the4 Council’s Licensing Policy required all premises who failed a test purchase operation to be reviewed.

·         The Council should work closely with small retailers to offer suitable training rather than just acting as an enforcer.

·         The previous ‘Challenge 21’ had done the premises no favours as they would have been operating a ‘Challenge 25’ policy otherwise and the sale may then have not taken place.

·         The Personal Licence Holder was of the opinion that the female who was served looked 21, when questioned afterwards he did not feel she looked 25 so the sale may have been avoided if ‘Challenge 25’ had been in place.

·         The sale was regrettable.

·         All staff had undertaken further training since the sale had taken place.

·         There had been 7 test purchase operations since the 2008 sale and the store had passed all of these.

·         The condition that has not been agreed is unworkable and should not be attached to the licence.

·         The money spent on the 7 test purchase operations could have been used to offer some training to small stores in Herefordshire.

·         Need to educate as well as enforce.

·         Recently won a national award for work done with Cheshire Council, who had moved away from an enforcement based method and now offered better communication and training.

·         All employees at Stokes Stores were now either BIIAB Level 1 or Level 2 qualified.

·         Stokes Stores training plan went beyond the legal requirement and was extremely thorough.

In response to the points raised by Mr Nickson, Mr Mooney advised that the premises licence holder could have applied for a minor variation in order to introduce ‘Challenge 25’.

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.

RESOLVED

That the License be suspended in respect of all licensable activity for a period of 72 hours commencing at midday on Friday 13 January 2012 and concluding at midday on Monday 16 January 2012

That the following conditions be attached to the Premises Licence in respect of Stokes Stores, 4 Hoarwithy Road, Putson, Hereford, HR2 6HA:

1          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 3 months of commencing employments at the premises. (Where there are existing staff this training shall be completed within 1 month of the date of this condition first appears on the licence). Retraining to take place every 6 months thereafter. Training records shall be kept on the premises 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.

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 reviewed on a weekly 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 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. 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          Every sale to be made by a Personal Licence Holder and witnessed by another member of staff who has been trained to a minimum of BIIAB level 1. Every sale to be signed off by both members of staff immediately at the time of the sale and records kept. Those records shall be kept on the premises 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.