To consider an application for the review of a premises licence in respect of the ‘Andrews, Holmer Self Service Stores, Belle Bank Avenue, Hereford, HR4 9RL’.

The Regulatory Sub-Committee was convened in order to determine an application for a review of a premises licence for Andrews, Holmer Self Service Stores, Belle Bank Avenue, Hereford, HR4 9RL. 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.

Prior to the application being considered, the Sub-Committee decided that it would not be in the public interest to adjourn the determination of the application due to the premises licence holder not being in attendance. The Sub-Committee were satisfied that the premises licence holder had been made aware of the hearing and had been served with the appropriate papers.

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

• James Mooney (West Mercia Police)
• Fred Spriggs (Applicant for Review)
• Tim Thorne (Trading Standards)

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 premises had failed a test purchase operation on 14 September 2012 when the Designated Premises Supervisor had served a 15 year old male and a 16 year old female with alcohol.

In accordance with the Licensing Act 2003 (Hearings Regulations 2005, Fred Spriggs, the applicant for the review, addressed the sub-committee. He drew members’ attention to a number of proposed conditions which were contained within his representation and also requested that the designated premises supervisor be removed from the premises.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, James Mooney, representing West Mercia Police, addressed the sub-committee. He advised the Sub-Committee that there had been a previous failure at the store on 17 September 2011 although Mr Round, the premises licence holder, had stated that he was not aware of this failure. He suggested a number of conditions which would address the concerns of West Mercia Police which had were contained within his written representation.

In response to a question from the Acting Principal Lawyer, the Licensing Officer confirmed that the sale had been made by the designated premises supervisor, hence why there was a recommendation to remove the DPS in this instance.

Mr Mooney confirmed that an application had been received to replace the current designated premises supervisor 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.

RESOLVED

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

That the following conditions be attached to the licence to address the concerns of the Licensing Authority, the Police and Trading Standards.

·         A Personal licence Holder shall be on duty within the licensed area of the premises at all times when the premises operate for the sale of alcohol.

·         The current Premises Licence Holder/DPS shall be re-trained to BIIAB NCPLH level 2 (or recognised equivalent)

·         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. This training to be delivered PRIOR to undertaking any alcohol sales. (Where there are existing staff this training shall be completed within 1 month of the date that this condition first appears on the licence).Retraining to take place every 6 months. 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

·         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.

·         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.