To consider an application for the review of a premises licence in respect of the ‘The Herdsman, 54 Widemarsh Street, Hereford, HR4 9HG’.

The Regulatory Sub-Committee was convened in order to determine an application for a review of a premises licence for the Herdsman, 54 Widemarsh Street, Hereford, HR4 9HG. 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)
• Mark Higgins (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 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. He added that the sale had been made by the wife of the DPS who had only recently been trained in under age sales as part of her application to be a personal licence holder.

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.

Mark Higgins, the premises licence holder, addressed the Sub-Committee and advised them that he accepted all of the proposed conditions apart from the condition relating to till prompts. He added that this was due to the financial outlay required to replace three tills throughout the public house. He advised the Sub-Committee that retraining in under age sales had been completed by the brewery.

RESOLVED

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

·         Each till shall have above it a clear notice reminding the seller of his responsibility under the Challenge 25 policy. The contents of such a notice must be approved in advance by the Herefordshire Council Trading Standards Service.

·         The Premises Licence Holder/DPS shall successfully complete the BIIAB NCPLH level 2 (or recognised equivalent)

·         All staff including the seller in the instance which caused this review shall be explicitly trained in the challenge 25 policy within 1 month of commencing employment at the premises. 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

·         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 prior to selling alcohol 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

·         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.