Agenda item

Following introductions, the Chair outlined the procedure for the hearing. All parties confirmed that they had received a copy of the relevant paperwork.

Introduction by the Licensing Manager

Mr Sims, Licensing Manager, stated that a review of the premises licence for the venue had been made by Thames Valley Police (TVP) on the grounds of crime and disorder and protection of children from harm. A number of additional conditions were being requested by TVP to be placed on the premises licence. It was noted that no representations had been made by any other responsible authorities.

Questions to Licensing Manager.

None.

Representations on behalf of Thames Valley Police.

TVP Licensing Officer, Mrs Pearmain explained the reasons why a review of the premises licence had been sought. On 4^th August 2011 a test purchase operation was conducted at the premises, where alcohol was sold to a minor. It was requested that a number of additional conditions be imposed on the premises licence and that the premises licence be suspended to enable the conditions to be implemented. 

Members also heard from PC Chohan, who was responsible for the area within which the shop was located. PC Chohan informed Members that he had witnessed individuals purchasing alcohol from the premises and then proceed to the public park nearby causing nuisance and anti-social behaviour.

Mr Palacio, from the Council’s Neighbourhood Enforcement Team, stated that a number of complaints regarding anti-social behaviour, litter and nuisance in the area had been received. The Sub-Committee were provided with an explanation of how the Bottlewatch Scheme operated; namely cans of alcohol were marked with a UV marker which would allow identification to be easily made as to where they had been purchased from.

Questions to Responsible Authority.

Mr Panchal requested confirmation as to whether this venue had already agreed to participate in the Bottlewatch Scheme. Mr Palacio confirmed that the premises had agreed to be involved with the scheme. 

Responding to how information relating to individuals purchasing alcohol and drinking in the nearby park was ascertained, PC Chohan stated that the Police Community Support Officer for the area had informed him that individuals were purchasing alcohol from this venue and consuming it in nearby roads.

Representations by the Premises Licence Holder.

Mr Panchal, on behalf of the Premises Licence Holder Mr Arora, informed Members of the number of measures that had been taken since the test purchase operation. It was noted that the individual who had sold alcohol during the test purchase operation had been sacked and all remaining members of staff had received the relevant training. Furthermore, a Challenge 25 Scheme had already been implemented at the premises.

It was submitted that Mr Arora was fully aware of his responsibilities as a premises licence holder and that suspension of the premises licence was considered not to be appropriate in the circumstances of the case.

Questions to the Premises Licence Holder 

 Responding to what measures had been put in place to prevent sale of alcohol to a minor, Mr Panchal stated that two members of staff had completed the relevant training, with three other members of staff booked to attend a course in the near future.

Clarifying whether staff could converse with customers in English, Sub-Committee Members were informed that all staff working on the tills were able to converse in English.

Summing Up

All parties were given the opportunity to provide a summary.

Mr Panchal stated that whilst agreeing to the conditions proposed by Thames Valley Police, suspension of the premises licence was not considered to be a proportionate response.

All parties were asked to leave the room in order for the Sub-Committee to deliberate.

Decision 

Having carefully considered all the information submitted, the Sub-Committee decided that the following conditions be included on the premises licence:-

1.  In the absence of the Designated Premises Supervisor, a Personal Licence holder to be on the premises during the sale of alcohol.

2.  Designated Premises Supervisor or nominated person to be trained on how to work the CCTV system to the standard where the nominated person can download any potential evidence required by Thames Valley Police or relevant Agencies.

3.  The applicant and their staff are able to converse with customers, the public and representatives of Statutory Agencies to a level that satisfies Police and Trading Standards they are able to meet the four licensing objectives.

4.  Challenge 25 policy to be in place.

5.  All persons trained to sell alcohol shall be trained to the BIIAB Level 1 award or equivalent in Responsible Alcohol Retailing (ARAR).

6.  To participate in ‘Bottlewatch’ or ‘UV Marker Scheme’ if requested by Police or Trading Standards.

7.  The Premises Licence holder to Designated Premises Supervisor shall ensure all staff receives training on a regular basis in relation to the four licensing objectives contained within the Licensing Act 2003 for those authorised to sell alcohol.  Written proof of all training shall be recorded and maintained and made available upon request of Police, Trading Standards or Slough Borough Council Licensing Officers.

8.  Two members of staff to be on the premises from 1800 hours until close.

9.  Refusal Register to be in place, kept up to date and made available request of Police, Trading Standards or Slough Borough Council Licensing Officers.

10.  No single cans of alcohol to be sold.

The Sub Committee also agreed that the premises licence be suspended until conditions 1 to 10 as outlined above had been implemented and checked to the satisfaction of Thames Valley Police and the Licensing Authority. 

In accordance with Central Government guidance and due to the seriousness of the incident highlighted the Sub-Committee also decided to issue the premises with a “Yellow Card”. 

The Sub Committee considered the conditions imposed to be necessary, reasonable and proportionate to address concerns relating to the prevention of crime and disorder and protection of children from harm.