The Director of Regeneration reported upon an application that had been received from Trading Standards for the review of a Premises Licence in respect of J & P Off Licence, 119 King Street, Wallasey, under the provisions of the Licensing Act 2003.

J & P Off Licence currently had a Premises Licence which allowed the following licensable activity:

Supply of Alcohol

Monday to Saturday  08:00 to 23:00

Sunday  10:00 to 22:30

A copy of the Premises Licence setting out the above 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 Licence conditions.
• Exclude a licensable activity from the scope of the Licence.
• Remove the Designated Premises Supervisor.
• Suspend the Licence for a period of 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.

John Malone, Trading Standards Manager attended the meeting together with Sergeant D Peers, Police Licensing and advised that the grounds for review were in relation to the protection of children from harm following an underage sale taking place at the premises.

Merseyside Police had made a representation in support of the application by Trading Standards which related to the protection of children from harm.  A copy of the representation was available.

Mr Miah, the current Designated Premises Supervisor and Premises Licence Holder attended the meeting.

The Licensing Officer reported that further to the review being issued, the Premises Licence Holder had changed therefore both were invited to attend the meeting, however the previous Premises Licence Holder was unable to attend.

Mr Malone reported that the case against the previous Premises Licence Holder had been heard at court and he therefore had extra evidence regarding the prosecution.

Mr Miah had no objections to this evidence being submitted.

Mr Malone outlined the reasons for the review in that there had been one sale of alcohol from the premises to a 14 year old volunteer.  The store did not operate a refusals log and no training was in place.  Mr Malone reported that he sought additional conditions to be attached to the Premises Licence which he had outlined in his report.

Mr Miah reported that he would be prepared to accept the proposed conditions.

Sergeant Peers reported that Merseyside Police were in support of the review however there had subsequently been a change in management at the premises therefore he was satisfied regarding the running of the premises and supported the proposed conditions by Trading Standards.

Mr Miah responded to questions from Members of the Sub-Committee, Sergeant Peers and Mr Malone.

Members of the Sub-Committee considered evidence presented by Trading Standards and Merseyside Police relating to alcohol being sold to under aged persons which seriously undermined the Licensing Objective in respect of the Protection of Children from Harm. 

In considering the application, Members recognised that the current Premises Licence Holder who was also the Designated Premises Supervisor was not at the premises at the time of the under age offences.  Members noted the willingness of the Premises Licence Holder to adopt the conditions proposed by Trading Standards and his recognition that such conditions should help prevent the sale of alcohol to young persons under the age of 18 years.

Members considered that the modification to the conditions attached to the Premises Licence was a proportionate response to the application presented and was necessary for the promotion of the Licensing Objectives.

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 and 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 consideration of the application.

(2)  That the Sub-Committee shall impose the following conditions on the Premises Licence:

·  The Premises must adopt a ‘Think 25’ policy and display the appropriate posters at the premises at all times.

·  The Premises must only accept a passport, a 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.  This refusal log must be made available on request to an Authorised Officer.

·  Staff must attend training on underage sales provided by Trading Standards within the next three months from the date of the hearing.

·  All staff working at the premises must receive regular updated training in respect of preventing the sale of alcohol to persons under 18 years of age.  Evidence of this training must be provided to an Authorised Officer on request.