The Director of Law, HR and Asset Management reported upon an application that had been received from Trading Standards for the review of a Premises Licence in respect of News and Booze, Borough Road, Birkenhead, under the provisions of the Licensing Act 2003.

The premises currently have a Premises Licence which allows the licensable activities as set out in the report.

A copy of the Premises Licence setting out the hours and conditions attached to the licence was available.

The Director advised that the Sub-Committee may, having regard to the application for review and any relevant representations, take such of the following steps as it considered necessary for the promotion of the licensing objectives:

• Modify the Conditions of the Licence.
• Exclude a licensable activity from the scope of the Licence.
• Remove the Designated Premises Supervisor.
• Suspend the Licence for a period not exceeding three months.
• Revoke the Licence.

The Licensing Authority may decide that no action would be necessary if it found that the review did not require it to take any steps necessary to promote the licensing objectives.

The application had been submitted by Trading Standards and the Trading Standards Manager advised that the grounds for review were in relation to the protection of children from harm following the sale of alcohol to persons under the age of 18 years during two test purchase operations at the premises since the licence was granted in February 2008.

John Malone, Trading Standards Manager attended the meeting together with Andrew Bushell, Senior Assistant Trading Standards Officer and Constable Cottrell, Police Licensing.

Mr Kullar, the Premises Licence Holder was also in attendance together with his Solicitor, Mr Johnson and Mr Nickson, Licensing Consultant.

The Licensing Officer reported that all documentation had been sent and received including further documentation submitted by Halsalls Solicitors which had been distributed to all parties.

Mr Malone referred to the representations he had made in which he had recorded a list of events of visits to the premises, advice given to staff and three failed test purchases, two in relation to alcohol and one in relation to tobacco.  He listed the key points of the interviews undertaken with members of staff at the premises and also referred to due diligence within the premises.  He asked that if Members did not revoke the Premises Licence that the Licence be suspended until all staff had been trained and also requested that a number of proposed conditions be attached to the Premises Licence.

Mr Malone and Mr Bushell responded to questions from Members of the Sub-Committee.

Mr Johnson felt that the Premises Licence Holder experienced language problems and as a result of this had not fully understood the invitations made by Trading Standards to attend training courses.

Mr Kullar, Premises Licence Holder responded to questions from Members of the Sub-Committee.

Mr Johnson reported that Mr Kullar had owned the premises for two and a half years and also had a shop in Conway Street which he had owned for 8 years.  He also advised that although a failed test purchase had taken place on 15 April 2008 another test purchase had been passed that year.  He informed Members that he had introduced Mr Kullar to Mr Nickson, Licensing Consultant and further to this the issues regarding training had been addressed.  He asked Members to consider that the failures had been identified and addressed accordingly.

Mr Nickson informed Members that he was the Senior Consultant of a Licensing Consultants Company, approved by BIIAB to deliver and examine qualifications for Personal Licence Holders.  He outlined his findings within the report further to meeting with Mr Kullar on 22 October 2010.  He reported that the shop was neat and presentable which he felt gave a good impression to local residents.  He reported that there were four members of staff at the premises, three of whom had personal licences.  Mr Nickson listed a number of measures which would be best practice for protecting children from harm and felt that the premises fulfilled most of these criteria.  He further reported that all four members of staff had now attained BIIAB Level 1 Award in Responsible Alcohol Retailing.  Mr Nickson felt that the risk had now been dramatically reduced, however he felt there should be closer contact between the Premises Licence Holder and Trading Standards.

Mr Nickson responded to questions from Members of the Sub-Committee.

In determining the application the Licensing Act 2003 Sub-Committee had regard to the Licensing Objectives, the Council’s Statement of Licensing Policy and the Department of Culture, Media and Sport Guidance issued under Section 182 of the Licensing Act 2003.

Members considered the representations made by all parties and determined that on this occasion they did not consider that a revocation or suspension of the licence was warranted.

Resolved -

(1)  That in accordance with Regulation 14(2) of the Licensing Act 2003, the public be excluded from the meeting during consideration of the application.

(2)  That neither revocation or suspension of the Premises Licence was considered to be necessary.

(3)  That the following additional conditions be attached to the Premises Licence:

• The premises must adopt a Think 25 Policy and display the appropriate posters.  All staff must be trained on the policy.
• All staff who sell alcohol must attend training sessions provided by Wirral Trading Standards.
• The premises must only accept a passport, photo driving licence or PASS accredited identification as proof of age.
• The premises must maintain and keep a refusals log which must be checked regularly by the Designated Premises Supervisor or Premises Licence Holder who must sign the log after each check.  The refusals log must be made available to Trading Standards and Merseyside Police upon request.
• Refresher training must be undertaken with all staff responsible for the sale of alcohol at least once every six months.  This training must be recorded and made available to Trading Standards and Merseyside Police on request.