To consider a Full Review of a premises licence following an Expedited Review in respect of: European Fresh Foods, 141 - 143 Eign Street, Hereford, HR4 0AJ.

The Licensing Officer advised the Sub-Committee that they were required to undertake a full review of the premises licence within 28 days of an application for an expedited review being received by the Police. He added that there was a right of appeal and that any decision made by the Sub-Committee would have no effect until the appeal had been disposed of.

James Mooney, representing West Mercia Police who had requested the review, addressed the sub-committee. He advised Members that at 18:30 hours on Saturday 21 July 2012 the premises was visited as part of a test purchase operation and two young people aged 14 and 15 were served alcohol. He added that questions were asked in respect of the nationality and employment status of the male who had made the sale. Following further checks it was ascertained that the male was permitted to live and work in the United Kingdom. Whilst officers were at the premises a full search was carried out and 3 boxes of vodka and approximately 3000 cans of lager were found; it was believed that no ok tax or duty had been paid on these items. Mr Mooney confirmed that Her Majesty’s Revenues and Customs Officers had confirmed that the alcohol seized from the premises had not been the subject of UK duty. Mr Mooney produced photographs of the alcohol in situ prior to it being seized by HMRC Officers.

Mr Mooney confirmed that 1587.5 litres of lager and 14.7 litres of vodka had been seized and that HMRC had estimated that UK tax in the region of £2643 had been avoided.

In summing up Mr Mooney advised the Sub-Committee that the Secretary of State viewed the sale of smuggled alcohol as a serious matter as set out in the guidance issued under Section 182 of the Licensing Act 2003. Part 11.30 of the guidance indicated that serious consideration should be given to the revocation of a premises licence in these instances, even for a first offence. He added that it was the view of West Mercia Police that the premises licence should be revoked. 

David Hough, representing Herefordshire Council’s Trading Standards team, also addressed the Sub-Committee and concurred with the views of West Mercia Police. He added that the licence had only recently been granted and the person who had made the sale had clearly received no training, therefore the applicant was in breach of his licence conditions regarding his duties in respect of staff training and ‘Challenge 25’.

The Sub-Committee retired to make their decision. The Acting Principal Lawyer and the Democratic Services Officer retired with them to offer legal and procedural advice.

When the meeting was reconvened the Acting Principal Lawyer read out the decision of the sub-committee which resolved to revoke the premises licence.

The Acting Principal Lawyer advised that the Sub-Committee had considered the removal of the Designated Premises Supervisor but considered this an inadequate response in accordance with paragraph 11.21 of the guidance issued under section 182 of the Licensing Act 2003. He also added that they had decided not to adjourn any decision pending a full investigation as it was not the Committee’s duty to determine guilt or innocence, this was supported by paragraph 11.25 of the guidance.

The Committee were satisfied that there had been good service of all communications from all agencies. They made their decision in order to promote the licensing objectives of the prevention of crime and disorder and the protection of children from harm.

RESOLVED:

THAT the premises licence in respect of European Fresh Foods, 141-143 Eign Street, Hereford, HR4 0AJ, be revoked.