LICENSING PANEL HEARING

Record of Hearing held on

21 September 2006

 

PRESENT:      Councillor P Rogerson (in the Chair)

Councillors Mrs K J Dix and Mrs C C Martens

ALSO PRESENT AT THE HEARING:     Mrs C Steven - Licensing Manager, Wycombe District Council

Mr S Broome - Licensing Officer, Wycombe District Council

Mr B Srisanker - Licence Holder

Ms L Marshall-Bain - Counsel for licence holder

Mrs M Sparks - Employee (Marlow News)

Inspector David Evans - Thames Valley Police

Mr S Morley - Counsel for Thames Valley Police

Mr B Whittal - Thames Valley Police

Mr N Herons - Buckinghamshire County Council Trading Standards

OFFICERS IN ATTENDANCE:               Mrs S Wilson – Principal Solicitor, Wycombe District Council

Mr M Conroy - Democratic and Members’ Services, Wycombe District Council

 

1.     DECLARATIONS OF INTEREST

There were no declarations of interest.

2.     INTRODUCTORY REMARKS

The Chairman of the Panel outlined the process to be adopted in relation to the conduct of the Hearing.  On this occasion it was noted that the premises licence holder would speak last.

3.     MARLOW NEWS, 3 NEWTOWN ROAD, MARLOW, BUCKS

The Panel met to conduct a Hearing into the application by Thames Valley Police under s.51 of the Licensing Act 2003 for a review of the premises licence as detailed in the report submitted.

The grounds of the review application were that the licensing objectors in relation to crime and disorder and the protection of children from harm had been breached by the alleged under-age sales of alcohol.

An additional representation had been received from a local resident raising concerns about litter and dangerous driving in the immediate area of the shop.

The application for review contained a letter from Buckinghamshire County Council Trading Standards and three witness statements.

Counsel for the licence holder submitted witness statements in respect of the premises licence holder and an employee of Marlow News.

It had been agreed prior to the meeting that the Bucks Trading Standards Officer would show a DVD relating to a test purchase undertaken at Marlow News on 27 June 2006 resulting in the service of a fixed penalty notice.  

During a detailed discussion on the application and the DVD referred to, the opportunity was given to all parties present to make a statement of their case and ask relevant questions of each other.  Members also discussed the issues raised with all of the parties concerned.

Counsel for Thames Valley Police referred to the problems associated with underage drinking in the Marlow area and the problems associated with Higginson Park.  The Panel was referred to the letter submitted by Bucks Trading Standards (incorrectly dated 15 February 2005 instead of 15 March 2005) and three witness statements alleging the underage purchase of alcohol.  Reference was also made to the DVD evidence which, it was considered, underlined the training and management problems associated with the premises.

In response the licence holder replied that the letter from Bucks County Council Trading Standards (15 March 2005) had not been received and that a subsequent visit to his premises in March 2005 had been more of a routine check and concerns about the sale of alcohol had not been mentioned.  The licence holder questioned the veracity of the three witness statements submitted and pointed out that the only real evidence of sales to underage persons was in relation to the test purchase of 27 June 2006 for which a fixed penalty notice had been served.  

The licence holder stated that in order to progress matters he would be ready to comply with any conditions imposed by the Licensing Authority.

At the conclusion of the discussions the applicant, the objectors and the Licensing Manager and Licensing Officer left the meeting and the Panel went into private session to consider its decision.

During discussion on the application the Panel took into account the licensing objectives under the Act, national guidance and the Council’s licence policy.

The Panel took the view that having regard to all of the evidence submitted and answers given to questions that the main area of concern lay in the perceived weakness in the management of the premises and the need to ensure the protection of children from harm.  It was felt that the licence holder had had adequate warning and/or advice in relation to underage sales and Members considered that conclusive evidence had been produced to show that selling to an underage child had taken place, which highlighted the fact that staff had been inadequately trained to deal with these matters and there was a need to strengthen the management and practices within the shop.  The Panel also took the view that it was necessary to send a strong message to the licence holder and other licence holders that the Licensing Authority viewed the underage sale of alcohol very seriously.

In reaching this conclusion the Panel also considered the view of Thames Valley Police that there was a link between the anti-social behaviour in Higginson Park and the underage sale of alcohol at Marlow News, but Members were of the view that the premises were somewhat remote from the area in question and that no such link had been established.  However, it was the majority view of the Panel  that a suspension of the licence was, therefore, necessary because of the evidence of poor practice and the need for better training.  It was the Panel’s view that the additional conditions proposed would help to establish best practice in the management of the premises.

RESOLVED: That the premises licence in respect of Marlow News, Newtown Road, Marlow be suspended for a period not exceeding 3 months and, in this case, for a period of 4 weeks from 25 September 2006 and to modify the conditions of the licence as under:-

(Conditions necessary to promote the Licensing Objectives and imposed in response to a review of the Premises Licence)

Prevention of Crime and Disorder and Protection of Children from Harm

1.     The Licensee shall ensure that all staff are trained and comply with the Challenge 21 proof of age trading initiative.

2.     No single cans of beer are to be sold to a customer and multi packs must contain at least 4 cans of beer.

3.     All personal licence holders shall undertake the BIIAB Level 1 - Award in Responsible Alcohol Retaining training or a suitable equivalent training scheme as approved in advance by the Licensing Authority’s Licensing Officer, such training to take place within the next 4 months.

4.     All staff given authority by a personal licence holder to sell alcohol must be trained on their legal responsibilities  in relation to sale of alcohol by the Licence Holder by 22 October 2006 and details of such training must be documented and made available to the Licensing Authority’s Licensing Officer upon request.

5.     A CCTV system shall be installed, maintained and operated correctly.  The system shall ensure that all internal areas of the premises where alcohol is displayed, the area where the sales takes place and all entry and exit points are monitored.  The system shall also ensure that an external camera will record customers entering and leaving the premises.  Details of the precise sighting of the cameras shall be supplied to the Licensing Manager at the Licensing Authority by 22 October 2006.  The recordings must be of a quality to enable frontal identification of every person entering in any light condition.  All cameras shall continually record whilst the premises are open to the public and the video recordings shall be retained for a minimum period of 31 days with time and date stamping.  Recordings shall be made available to an authorised officer or a police officer together with facilities for viewing.  A sign advertising customers that they are on CCTV shall be positioned in a prominent position (NB.  This is to achieve compliance with Human Rights legislation.)

6.     Alcohol sales to be placed in carrier bags branded with the shop name from 22 October 2006.

 

(The Hearing commenced at 10.30am and concluded at 12.30pm)

 

_____________________

Chairman