To receive from Members any declarations and the nature in relation to:-

(a)    personal interests in any agenda item

(b)    personal and prejudicial interests in any agenda item

Tim Argent – Senior Enforcement Officer – Trading Standards

Central Bedfordshire Council – Public Protection

Priory House

Monks Walk

Chicksands

Beds SG17 5TQ

None were submitted.

Noted the procedures for hearing the applications for Authorisations under the Licensing Act 2005 by the Licensing Sub-Committee.

There were no amendments requested.

The application was for a review of the premises licence at Premiere Store, 82 House Lane, Arlesey.  The original application for conversion to a licence under the Licensing Act 2003 was received and granted in 2005.  The premises has failed two alcohol test purchase operations that had been undertaken by Trading Standards and the Police which resulted in alcohol being sold to children on 27 February 2007 and 15 October 2008.

A copy of the application form was attached to the report at Appendix A.

The Chairman drew attention to the four licensing objectives which were set out in the report circulated with the Agenda.

The Sub-Committee received and considered a report of the Head of Service Public Protection which explained that an application had been submitted by the Relevant Authority for a review of the premises licence for Premiere Store, 82 House Lane, Arlesey.  The Applicant, Mr T Argent, Trading Standards, the Premises Licence Holder and witnesses attended the meeting and made representations.

The Chairman outlined the procedure to be followed.

The Chairman invited the Licensing Admin and Enforcement Assistant to present the report to the Sub-Committee.  The Sub-Committee were advised that the applicant had submitted an application for the review of a premises licence under the Licensing Act 2003.  The applicant had recommended the following measures:-

• Have on display Challenge 25 display materials.
• Have in place a Challenge 25 scheme at the premises
• No sale of alcohol after 5pm can be made without the purchaser producing sufficient identification (passport, photo driving licence, accredited proof of age card).
• Refusals book to be checked and signed weekly by the Designated Premises Supervisor for use by staff and correct completion.
• Designated Premises Supervisor or a Personal Licence holder to be present on shop floor when all alcohol sales are made.
• Training for Designated Premises Supervisor – e.g. specified BIIAB course or similar qualification.

The Chairman invited the Applicant to present their case to the Sub-Committee.  Mr Argent presented his case to support the above recommendations to prevent underage sales at Premiere Store.  The Applicant gave examples of when underage sales had occurred over recent years.  In addition, he advised of the prosecution by Bedford Magistrates Court where the Premises Licence Holder had been found guilty of underage sales on two occasions.

The Sub-Committee noted that there had been two occasions of underage sales on 09/09/09 and 14/10/09.

The Chairman invited the Premises Licence Holder to present his case.  The Premises Licence Holder gave a brief history of the Premiere Store including his family obligations, his patrons and employees.  He explained that he had assumed his staff had carried out training on how to check for age and the completion of the refusals book.  He did confirm that he did not check the books as a regular duty.

The Sub-Committee asked the Premises Licence Holder questions.

The Chairman invited the Applicant and the Premises Licence Holder to sum up their cases.

The Sub-Committee adjourned with its Solicitor to deliberate upon the application.

DECISION

That having taken into account the Licensing Act 2003 Guidance issued under Section 146, Central Bedfordshire Council’s Licensing Policy and representations from the Applicant and parties, amended the licence to include the following variations:-

1. Challenge 25 display materials must be on display.
2. A Challenge 25 scheme must be in place.
3. No sales of alcohol after 5.00pm can be made without the purchaser producing sufficient Identification (passport, photo, driving licence, accredited proof of age card).
4. There must be a refusals book or electronic point of sale refusals log maintained on the premises.
5. The refusals book must be used by all staff and checked and  ...  view the full minutes text for item 65.