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 Cheapest Booze, 7 Dawpool Drive, Bromborough, under the provisions of the Licensing Act 2003.

The premises currently have a Premises Licence that allows the sale of alcohol and are open to the public for the following hours:

Sunday to Saturday  07:00 to 22:00

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 Licensing Sergeant, Merseyside Police advised that the grounds for review were in relation to the premises being linked to criminal activity and alcohol being sold to a person under the age of 18 years.  He considered that the criminal activity linked to the premises and the alcohol being sold to an underage person seriously undermined the licensing objectives in particular the prevention of crime and disorder and the protection of children from harm.

Sergeant P Jenkins attended the meeting.

Mr Nadesapillai, Premises Licence Holder, was also in attendance.

The Licensing Officer confirmed that all documentation had been sent and received.

Sergeant P Jenkins stated that an employee at the premises had sold alcohol to an underage person.  He also reported that an illegal immigrant had been found working at the premises who had assumed the identity of the Designated Premises Supervisor when questioned about his identity by Merseyside Police.  Sergeant Jenkins advocated that the circumstances of this particular case were serious and therefore requested that the Premises Licence be revoked, failing this, that a number of conditions be attached to the Premises Licence.

Sergeant Jenkins responded to questions from Members of the Sub-Committee.

The Premises Licence Holder made his representations and 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 considered 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.

Resolved (2:1 Councillor S Taylor voting against) -

(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 following conditions be attached to the Premises Licence in respect of Cheapest Booze, 7 Dawpool Drive, Bromborough:

·  The Designated Premises Supervisor must receive training from Trading Standards regarding the prevention of selling alcohol to persons under 18 years no later than 27 January 2012. Any future Designated Premises Supervisor must receive such training within two months of being appointed Designated Premises Supervisor.

·  The premises must operate a Challenge 25 Policy and display the appropriate posters. All staff must be trained on this policy.

·  A refusals register must be kept and updated and be made readily available for inspection by any relevant authority.  This register must be checked regularly by the Designated Premises Supervisor or the Premises Licence Holder who must sign the log after each check. All staff must be trained to ensure that they know what a refusals log is and where it is kept.

·  The Designated Premises Supervisor at these premises must hold a minimum of a Level 2 Award for Designated Premises Supervisors no later than 27 January 2012.

·  Till prompts must operate at the premises to alert staff to check the age of customers when selling alcohol.

·  Details of all new staff must be presented to Wirral Police Licensing in order that their details, if necessary, be passed to the UK Border Control Agency for their information and in order that the requisite checks may be conducted.  Any documentation pertaining to such persons must also be presented to Merseyside Police for examination and any necessary checks.

·  Employment records of any staff must be available for the inspection of any of the relevant Authorities.

·  CCTV must operate at the premises at least in accordance with the minimum specification issued by the Licensing Authority.  Tapes and visual images recorded must be retained for a period of 31 days and must be handed to an Authorised Officer on request.