The Acting 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 Corner Store, 104 Woodchurch Lane, Prenton, under the provisions of the Licensing Act 2003.

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

The Acting 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 premises being linked to criminal activity, namely a number of illegal immigrants being employed at the premises.

Constables R Jones and P Coley, Merseyside Police, attended the meeting.

Mrs Lally, Designated Premises Supervisor and Premises Licence Holder was also in attendance together with her Solcitior, Miss Moore.

The Licensing Manager reported that all documentation had been sent and received.

Constable Jones outlined the application for review.  She reported that two illegal immigrants had been found working at the premises and gave details of the individuals, how they had been discovered at the premises and the action that had been taken against them by the relevant agencies.  She informed Members that it was a criminal offence to knowingly employ an illegal immigrant.  Constable Jones advised Members that Mrs Lally had been interviewed under caution and that she stated she had not known the males were illegal immigrants.  Constable Jones also reported that the individuals found working at the premises had received no training in respect of their responsibilities when selling alcohol.  Constable Jones expressed the importance of training in order to prevent the sale of alcohol to persons under the age of 18 years.  Constable Jones proposed that a number of conditions be attached to the Premises Licence to which the Premises Licence Holder had been in full agreement with.

Miss Moore addressed Members and advised that Mrs Lally was in agreement with the conditions proposed by Merseyside Police and that some of the conditions had already been implemented at the premises.

Mr Abraham, Legal Advisor to the Sub-Committee made reference to the Statutory Guidance in relation to the reasons that had resulted in the Review application and sought clarification as to why Merseyside Police were content for conditions to be imposed on the Premises Licence.  Constable Jones reported that it was considered this would be the most appropriate way to address the issues in these particular premises.

Members gave careful consideration to the application made by Merseyside Police to review the Premises Licence at The Corner Store, 104 Woodchurch Lane, Prenton.

In determining the review application Members 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.

Members accepted the evidence provided by Merseyside Police that illegal immigrants were found working at the premises.  Members also had regard to the fact that the Premises Licence Holder and Designated Premises Supervisor had accepted the seriousness of the matter and shown a willingness to work with Merseyside Police.

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 be modified as follows:

• From 5 November 2012, the Designated Premises Supervisor at these premises must hold a minimum Level 2 Award for Designated Premises Supervisors.

• From 5 November 2012, all staff authorised to sell alcohol must attend training delivered either by Wirral Trading Standards or a training provider who can deliver accredited training in relation to under-aged sales and a record of this training must be made available to an authorised officer on request.

• A CCTV system must be installed at the premises which complies with the minimum specification of Wirral Borough Council.  The system must be maintained in good working order and in compliance with the minimum specifications of Wirral Borough Council.  Tapes/discs to be produced to the Police or an authorised person on request.

• A till prompt system must be installed and maintained at the premises in order to alert staff to check the age of any purchaser attempting to buy age related products.

• The premises must also maintain a hand-written refusals log to record the refusal of sales of alcohol to persons under the age of 18 years.  The refusals log must be checked regularly by the Designated Premises Supervisor or Premises Licence Holder who must sign the log after each check.  All staff must be trained to ensure that they are aware what the refusals log is and where it is kept.  The refusals log must be kept next to the till at all times when the premises is open.  The refusals log must be made available to an authorised officer upon request.

• A Challenge 25 Policy must be in force at the premises and must be maintained.  Signage must be prominently displayed regarding this policy.

• Details of any employee or proposed employee who is not a registered UK citizen must be notified to Merseyside Police prior to them commencing employment, in order that their immigration status can be verified.