The Director of Law, HR and Asset Management reported upon an application that had been received from Merseyside Police for the review of a Premises Licence in respect of the Keg Off Licence, 155-157 New Chester Road, New Ferry, under the provisions of the Licensing Act 2003.

The premises currently have a Premises Licence to allow the licensable activities as set out within the report.

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 Merseyside Police and the Licensing Sergeant 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 a test purchase operation at the premises.  The Licensing Sergeant also advised that he was concerned with the Licence Holder’s competence to uphold the licensing objectives.

Sergeant P Jenkins and Constable C Cottrell, attended the meeting.

Mr A Bushell, Trading Standards, was also in attendance.

Mr P Carter, Designated Premises Supervisor was present.

The Licensing Manager reported that all documentation had been sent and received and that further documentation from Merseyside Police had been received and distributed to all parties.  CCTV footage from the premises was also available for Members to view.

Members viewed the CCTV footage taken at the premises.

Sergeant Jenkins reported upon the details of the grounds for the review.  He referred to an operation that had taken place on 8 August 2011 regarding a test purchasing exercise and the uncooperative behaviour of Mr Carter.  Sergeant Jenkins advised Members that he would be content for certain conditions to be attached to the Premises Licence.

Sergeant Jenkins responded to questions from Members of the Sub-Committee, the Licensing Manager and Mr Abraham, the Legal Adviser to the Sub-Committee.

Mr Bushell reported upon the incident that took place on 8 August 2011 regarding the selling of alcohol to a person under the age of 18.  He advised that Trading Standards fully supported the view of Merseyside Police and felt that the conditions requested by the Police would be both proportionate and appropriate in these circumstances.

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

In determining the Review application, Members of the Licensing Act 2003 Sub-Committee had regard to the licensing objectives, the Council’s Statement of Licensing Policy and relevant guidance issued under Section 182 of the Licensing Act 2003.

In determining the matter Members of the Sub-Committee had regard to the representation provided by Trading Standards and the evidence presented by Merseyside Police which reflected poor management and a lack of knowledge and understanding with regards to the requirements of the Licensing Act 2003 and which had a significant impact on the Licensing Objectives.

Members also took into account evidence received from Merseyside Police relating to alcohol being sold to an under aged person at the premises which seriously undermined the Licensing Objective in respect of the Protection of Children from Harm.

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 the Conditions of the Premises Licence in respect of the Keg Off Licence, 155-157 New Chester Road, Birkenhead, be modified as follows:

• CCTV must be installed at the premises at least in accordance with the minimum specification issued by the Licensing Authority.  Tapes and visual images recorded shall be retained for a period of 31 days and access to the system must be made available to Merseyside Police and any authorised officer on request.  Certified proof of compliance with this specification must be provided to the Licensing Authority no later than 11 November 2011.

• The current Designated Premises Supervisor, Paul Carter, must attend a course provided by Trading Standards in relation to the prevention of the sale of alcohol to underage persons no later than 11 November 2011.

• A Challenge 25 policy must be implemented at the premises and understood by the Designated Premises Supervisor.  Appropriate signs advertising this policy must be displayed within the premises.

• A refusals register must be kept and updated and must be readily available for inspection by an authorised officer.

• The Designated Premises Supervisor, Paul Carter must hold a BIIAB Level 2 National Certificate for Designated Premises Supervisors no later than 11 November 2011.  Any future Designated Premises Supervisor at these premises must obtain such a qualification.

• Regular training of all staff must be carried out by the Premises Licence Holder in relation to age restricted sales.  This training should be completed at least every 6 months.  Written records of the training must be kept and produced to an Authorised Officer upon request.

• Till prompts must be installed advising the seller to take the necessary steps to obtain proof of age from any person who could be deemed to be under the age of 18 years. 

• The premises must only accept a passport, a photo driving licence or PASS accredited identification in support of till checks.