The Director of Regeneration reported upon an application from Trading Standards for the review of a Premises Licence under the provisions of the Licensing Act 2003, for the premises known as Moreton Food and Wine, 383 Hoylake Road, Moreton. The Premises Licence allowed the following licensable activity –

Sale by Retail of Alcohol

Monday to Saturday  08:00 to 23:00

Sunday  10:00 to 22:30

Merseyside Police had made a representation in support of the application by Trading Standards, which related to the protection of children from harm and a representation in support of the application had also been received from Councillor Blakeley as a resident, Councillor Moseley as a resident and Councillor Mountney as an individual who worked in the area. There had been no representations received from other Responsible Authorities.

The Director indicated that having regard to the application and to any relevant representations, take such of the following steps as it considered necessary for the promotion of the licensing objectives –

·  Modify the Licence conditions (permanently or for a temporary period of up to 3 months)

·  Exclude a licensable activity from the scope of the Licence (permanently or for a temporary period of up to 3 months)

·  Remove the Designated Premises Supervisor (if applicable)

·  Suspend the Licence for a period not more than 3 months

·  Revoke the Licence.

However, he commented that the licensing authority could decide that no action was necessary if it found that the review did not require it to take any steps necessary to promote the licensing objectives.

The Trading Standards Manager provided details of the grounds for the application to review the Premises Licence, which were as a result of under age sales of alcohol and Sgt D Peers from Merseyside Police Licensing Division set out his reasons for supporting the application for review.

The Premises Licence Holder, Mrs Ranjan, outlined the circumstances of the under age sales that had taken place and set out measures that were proposed to ensure the correct operation of the business. She commented also that she did not object to the following conditions being placed on the licence that had been proposed by Trading Standards to ensure due diligence was implemented and maintained –

1.  Adoption of a Think 21 Policy and display of the appropriate posters;

2.  Acceptance of passport, photo driving licence or pass accredited identification only, in support of till checks;

3.  Maintenance of a refusal log with regular checks by management to ensure that it is being used;

4.  Sufficient trained staff to ensure coverage during times when alcohol is sold;

5.  Regular staff training and that staff attend Trading Standards training when arranged.

Members noted that evidence provided by both Merseyside Police and Trading Standards showed that prior to 2008, the Premises Licence Holder, who had held a licence since 2002 had refused the sale of alcohol during test purchase operations undertaken by both Responsible Authorities.

In determining the application, the 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.

Resolved –

(1) That, in accordance with regulation 14.2 of the Licensing Act 2003, the public be excluded from the meeting during the determination of the application.

(2) That the following conditions be imposed on the Premises Licence –

·  The premises must adopt a Think 21 Policy and display of the appropriate posters

·  The premises must only accept a passport, photo driving licence or a pass accredited identification, in support of till checks

·  The premises must maintain a refusal log with regular checks by management to ensure that it is being used

·  Staff must attend training on under age sales provided by Trading Standards

·  All staff working at the premises must receive regular updated training in respect of preventing the sale of alcohol to persons under 18 years and records of training must be supplied to the Licensing Authority when this has taken place.