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

Central Bedfordshire Council – Trading Standards

Choice Foods

62A High Street South

Dunstable

Bedfordshire

LU6 3HD

Mr T Argent – objecting to the retention of the premises licence for the sale of alcohol.

The Procedures for hearing the applications for Authorisations under the Licensing Act 2005 by the Licensing Sub Committee was noted.

There were no amendments to the application by the applicant.

The Application was for the review of a premises licence for Choice Foods, 62A High Street South, Dunstable, Bedfordshire LU6 3HD.

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

The Committee received and considered an application submitted by Central Bedfordshire Council Trading Standards for the review of a Premises Licence for Choice Foods, 62A High Street South, Dunstable, Beds LU6 3HD.  The Applicant and the Premises Licence Holder both attended the meeting and made representations.

The Chairman outlined the procedure to be followed.

The Chairman invited the Licensing Enforcement Officer 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.  A copy of the application was attached to the report.  The Applicant had recommended the permanent revocation of the licence to sell alcohol.

The Chairman invited the Applicant to present its case to the Sub-Committee.  Mr Argent, on behalf of the Applicant, presented the case to support the above recommendation; to prevent further underage sales at Choice Foods.  Mr Argent set out the occasions when test purchases had taken place at the store, and provided information as to when the store had been provided with information and assistance with a view to ensuring further underage sales did not take place.  Mr Argent provided the Sub-Committee with a history of the issues at the store which showed that there had been 6 visits to the store.

The attention of the Sub-Committee was drawn to the fact that there had been 3 occasions of alcohol sales to children and 1 occasion of cigarette sales to children.  It was further brought to the Sub-Committee’s attention that one bottle of the alcohol sold was classed as high strength (37.5%) for which the sales assistant was 15 years old.  Choice Foods was prosecuted for the underage sales from both sides of the counter.  Following the prosecution additional conditions were agreed between Choice Foods and the Trading Standards Officer.  These conditions were listed on page 44 of the agenda.

On behalf of the Applicant, Mr Argent made clear to the Sub-Committee that the Applicant considered a revocation of the licence appropriate due to the failed test which occurred after the additional conditions had been agreed.

The Chairman invited the Premises Licence Holder and his legal representatives to present their case.  Counsel for the Premises Licence Holder confirmed that there had been a prosecution for underage sales and that additional conditions had been installed on 21 September 2011 within 2 months of the conditions being agreed.  It was noted that two additional tests had been carried out following the installation of the new till system and both tests had been successful as the purchaser was refused alcohol.  The request was made for a suspension rather than a revocation of the licence.

The Chairman invited the Applicant and the Premises Licence Holder to ask questions of each other.  Mr Argent asked which type of till they had installed.  Mr Dadds confirmed it was the bar code reading till.  Mr Dadds asked how many tests had been carried out on 18 August 2011 and Mr Argent confirmed 6  ...  view the full minutes text for item 138.