To consider an application for a review of the premises licence relating to ‘Gwalia Stores, 27 -29 Broad Street, Ross on Wye, HR9 7ED’ called by Herefordshire Council as the Licensing Authority.

The Regulatory Sub-Committee was re-convened in order to determine an application for a review of a premises licence for Gwalia Stores, 27-29 Broad Street, Ross-on-Wye. The Review had been applied for by Herefordshire Council’s Licensing team. The review related to the licensing objectives of the protection of children from harm and the prevention of crime and disorder.

The Chairman introduced the Members and Officers and asked any interested parties to introduce themselves. The following interested parties were noted:

• David Hough (Herefordshire Council Trading Standards)
• Fred Spriggs (Applicant for Review)
• James Mooney (West Mercia Police)
• Ramanathan Ratheyan (Premises Licence Holder)

The Chairman advised the attendees of the hearing procedures and asked if they required an extension to the 10 minute time limit for public speaking, no extensions to the time limit were requested.

The Licensing Manager presented her report. She advised Members that the determination of the application was previously adjourned on 4 September 2012 as the correct notice period had not been served on the premises licence holder.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, James Mooney, representing West Mercia Police, addressed the sub-committee. He advised Members that West Mercia Police supported the review requested by Herefordshire Council. He added that there had been a total of 4 test purchase failures under the management and supervision of the current Designated Premises Supervisor. He added that there had been little communication between the DPS and the police regarding the previous test purchase failures and added, that due to the continuing concerns regarding under age sales at the premises, he had no option but to recommend that the Licence be revoked.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, David Hough, representing Trading Standards, addressed the sub-committee. He advised the Sub-Committee that he supported the Police’s recommendation to revoke the licence. However if the Sub-Committee decided against this course of action he had suggested four conditions which had been agreed with the premises licence holder. He had also recommended an additional condition requiring the current DPS to be removed although this had not been agreed.

At this stage the Acting Principal Lawyer explained the procedure of the meeting to Mr Ratheyan and advised him to seek clarification from the officers if he did not understand key elements of the meeting.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Fred Spriggs, representing the Licensing Authority, addressed the sub-committee. He gave a detailed presentation on the circumstances that had led to the review as well as his concerns in respect of the lack of correspondence with Mr Ratheyan in respect of this review or the previous reviews on the premises. He agreed with the four conditions that had been agreed with the premises licence holder but also felt that the DPS needed to be changed.

The Democratic Services Officer read out a written statement from the premises licence holder’s legal advisor. He explained why he could not be present at the meeting and gave details of the circumstances which had resulted in the sale taking place.

Mr Ratheyan, the premises licence holder and DPS, addressed the Sub-Committee and advised that a new till system had now been installed in the shop. All staff training had also been renewed and log books were being produced to record any refusals. Mr Ratheyan was asked a number of questions and raised the following points:

·         He accepted that there had been three previous test purchase failures at the premises.

·         He confirmed that three people were employed at the shop.

·         He confirmed that he was a member of Shopwatch and attended the regular meetings.

The Licensing Manager confirmed that there were no letters in the relevant file relating to any previous test purchase failures at the store.

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

The Acting Principal Lawyer read out the Sub-Committee’s decision which was to suspend the licence for a period of three months; to remove the DPS from the premises and also to attach 4 additional conditions to the licence. The Members made their decision in order to promote two of the four licensing objectives, namely the prevention of crime and disorder and the protection of children from harm. The Sub-Committee expressed some surprise that there was no clear trail of written warnings following previous test purchase operation failures.

It was noted that the Premises Licence Holder’s licensing advisor had made an offer for other people connected with the shop to obtain a personal licence. He had asked for 2 months to achieve this. The Sub-Committee was mindful of this in making its decision.

The Sub-Committee also felt that in making its decision it was giving fair chance for the premises to continue as a family business in Ross-on-Wye after staff had received training and obtained qualifications.

Finally the Sub-Committee noted that the same Designated Premises Supervisor had been in charge for each of the previous test purchase failures. They considered that the removal of the current DPS reflected this.

RESOLVED

That the premises licence in respect Gwalia Stores, 27-29 Broad Street, Ross-on-Wye, be suspended for a period of 3 months.

That the current Designated Premises Supervisor be removed from the premises.

That the following conditions be attached to the licence:

1.    A personal licence holder shall be on the premises at all times alcohol is offered for sale.

2.    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 1 month of commencing employment 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.

3.    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.

4.    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.