Licensing Panel, Minutes 15 Feb 2007

LICENSING PANEL HEARING

Record of Hearing held on

15 February 2007

PRESENT: Councillor W J Bendyshe-Brown (Chairman)

Councillors Mrs C C Martens and J M Blanksby

ALSO PRESENT AT THE HEARING: Mr S Broome - Licensing Officer, Wycombe District Council

Mr Rana - Licence Holder

WPC Jacobs - Thames Valley Police

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.

3.	WYCOMBE WINES, 20 CRENDON STREET, HIGH WYCOMBE

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 objectives in relation to crime and disorder and the protection of children from harm had been breached by alleged underage sales of alcohol and the supply of alcohol to persons already drunk.

During a detailed discussion on the application the opportunity was given to Thames Valley Police and the premises licence holder to make a statement of their case and to ask relevant questions. Panel Members also discussed the issues involved with the parties concerned and the main areas of concern discussed were as follows:

·	groups of people congregating and drinking at the rear of the premises in the car park area;

·	drunks purchasing alcohol in Wycombe Wines;

·	alleged sale of alcohol to persons under the age of 18;

·	Wycombe Wines not requesting identification to ascertain the age of a customer.

Further discussion ensued on the application for review and it was noted that the licensee would agree to conditions relating to the following:

·	the introduction of branded carrier bags for alcohol sales;

·	the name of Wycombe Wines to be included in price stickers on cans of cider, beer and lager;

the refusal book to be kept up to date and to include details of any persons banned from the premises and dates when the problem occurred. The refusals book must also contain the name of any person refused service and, if not, a detailed description. The refusals book must also be available for Police and/or Licensing Officer inspection;

·	CCTV to be in place to the satisfaction of the Licensing Officer of Wycombe District Council and Thames Valley Police;

·	The sale of alcohol drinks would commence from 10.00am rather than the permitted 8.00am.

·	a notice to be displayed prominently and maintained at the rear of the premises to prevent drinkers congregating;

·	no single cans of cider, beer or lager to be sold;

·	Challenge 21 to be implemented;

·	the licensee’s mobile telephone number to be lodged with Thames Valley Police;

·	staff member(s) to attend approved training courses conducted by BII and a record to be kept of ongoing training;

·	Written authorisation to be given to staff who supply alcohol;

·	The open areas surrounding his premises are kept free from litter.

Panel Members also discussed the question of the high alcohol content of some of the drinks available with a view to conditioning the licence to restrict the sale of high volume alcohol. The licensee took the view that this would be inappropriate and unfair to some of his customers who purchased the stronger drink. Members noted this response but stressed the importance and seriousness of the review application and of the need to seek some appropriate methods to help correct the perceived problems.

At the conclusion of the discussion, the licensee, the representative of Thames Valley Police and the Licensing Officer of Wycombe District Council left the meeting and the Panel went into private session to consider its decision.

During discussion in private session on the review application the Panel took into account the licensing objectives under the Act, National Guidance and the Council’s Licensing Policy.

Members were mindful of the cooperation afforded by the licensee during the discussions, but also took the view that the seriousness of the problem at hand needed to be underlined to the licensee. Whilst, at this stage, it was felt that a suspension of the licence would be inappropriate, the opportunity should be taken to seek an improvement to the situation with the addition of the conditions described above. In relation to the question of the sales of high alcohol content of beer, lager and cider, the Panel held the view that a condition should be imposed preventing the sale of alcohol greater than 6% volume. With regard to the permitted hours for the sale of alcohol, Members noted the Licensee’s proposal of 10.00am but the Panel considered that the permitted hours should be at 11.00am instead of 10.00am.

After further consideration it was:

RESOLVED: That the premises licence in respect of Wycombe Wines, 20 Crendon Street, High Wycombe be modified 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. Permitted hours shall mean:

a. 11.00am to 10.00pm Monday to Sunday, including bank holidays, except Christmas Day;

b. On Christmas Day 12 noon to 3.00pm and 7.00pm to 10.30pm.

2. The Licensee shall ensure that a refusals book is kept at the premises and all staff complete details of any person refused service for any reason, including on the basis they are underage or drunk. The refusals book should also contain details of persons who have been banned from the premises and dates when they attempt to purchase alcohol. The refusals book must contain the name of any person refused service if given and if not, a detailed description of the person. The refusals book must be available for inspection by the Thames Valley Police and the Licensing Authority during the opening hours of the premises.

3. All staff shall undertake the BII AB Level I - Award in Responsible Alcohol Retailing 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 2 months. Written records shall be kept of all formal and informal training and such records shall be available for inspection by the Licensing Authority.

4. The Designated Premises Supervisor and any personal licence holder must give written authorisation to staff to supply alcohol.

5. A CCTV system shall be installed, maintained and operated correctly and to the satisfaction of Thames Valley Police and the Licensing Authority. One camera must monitor the point of sale. Recordings shall be made available to an authorised officer of the Licensing Authority or a police officer together with facilities for viewing.

6. No cider, beer or lager with an alcohol content in excess of 6.0% volume will be sold from the premises from 16 March 2007 onwards.

7. No single cans of cider, beer or lager are to be sold to a customer and multi packs must contain at least 4 cans from 16 March 2007 onwards.

8. All containers of cider, beer or lager shall display a pricing sticker containing the name of “Wycombe Wines” from 16 April 2007.

9. Alcohol sales to be placed in carrier bags branded with the shop name from16 April 2007.

10. A notice shall be prominently displayed and prevented from deterioration and damage at the rear exterior of the premises informing customers that they should not congregate in the private land at the rear of the premises.

11. A contact number for the Designated Premises Supervisor shall be provided to Thames Valley Police to enable contact to be made during all times when the premises are open for alcohol sales.

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

13. So far as practicable, the Licensee shall ensure that all open areas immediately surrounding the premises to which the public have access whether by express or implied right are kept free from litter from the premises.

(The Hearing commenced at 10.30am and concluded at 12.15pm)

_____________________

Chairman