To consider an application for the review of a premises licence in respect of the ‘Copper Kettle, 177 Aylestone Hill, Hereford, HR1 1JJ’.

The Regulatory Sub-Committee was convened in order to determine an application for a review of a premises licence for the Copper Kettle, 177 Aylestone Hill, Hereford, HR1 1JJ. 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:

• James Mooney (West Mercia Police)
• Fred Spriggs (Applicant for Review)
• Tim Thorne (Trading Standards)
• Craig Bradbury (Premises Licence Holder)
• Debbie Berry (Area Manager)

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 a member of staff 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.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, James Mooney, representing West Mercia Police, addressed the sub-committee. He advised that there were some duplicate conditions in the representations from the Police and Trading Standards. He advised the Sub-Committee that he was happy to withdraw some of the conditions proposed by the police as they could be replaced with conditions contained within the Trading Standards representation. He did however request that Police conditions 1 and 3 remain.

Mr Bradbury addressed the Sub-Committee and advised the Members that this was the first test purchase failure in any of his 8 stores over a period of 5 years. He apologised for the failure and voiced concerns as to how the sale had been allowed to happen. He added that he was happy to accept all of the proposed conditions apart from the condition requiring the DPS being in store at all times. He explained why this could prove problematic due to annual leave and sickness and requested that the condition be reworded to allow the store manager to be the DPS at the store.

In response to a question Mr Bradbury confirmed that the member of staff who had made the sale had been dismissed.

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

·         The Premises Licence Holder/DPS shall successfully complete the 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 within 1 month of commencing employment at the premises. (Where there are existing staff this training shall be completed within 3 months 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

·         All existing staff shall be trained within one month of the date this condition appears on this licence. All new staff shall be trained within one month of taking up employed. All staff shall be re-trained twelve monthly thereafter. The training shall include:

            Drugs Awareness

            Conflict resolution

            Selling to under age person

            Selling to drunks

·         Training records shall be kept on the premises which shall show the area of training covered, the date of the training, the name of the person and shall be signed by the trainer and trainee. This shall be produced to the police, an authorised Herefordshire Trading Standards Officer or an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) 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 an authorised person’ (as defined by Section 13 of the Licensing Act 2003), an authorised Herefordshire Trading Standards Officer or the police. Prominent, clear and legible signage (in not less than 32 fonts bold) shall also be displayed at all entrances to the premises as well as at, at least one location behind any serving area advertising the scheme operated