LICENSING PANEL HEARING

Record of Hearing held on

16 February 2007

PRESENT:      Councillor P Rogerson (Chairman)

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

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

There were no declarations of interest.

The Chairman of the Panel outlined the process to be adopted in relation to the conduct of the Hearing.

The Panel met to conduct a Hearing into the application by Thames Valley Police under s.51 of 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 an alleged underage sale of alcohol.

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 of each other.  Panel members also discussed the issues involved with the parties concerned.  The parties present also agreed to take in evidence a video filmed by Bucks Trading Standards of an alleged sale of alcohol to a minor.

During discussion on the review application the Police representative referred to the report submitted, which outlined the difficulties experienced on Desborough Road.  The Police representative also stated that every opportunity had been given to the licence holder to understand the seriousness of underage sales and the supply of alcohol to persons known in the town for alcohol misuse.  Reference was also made to the video shown in evidence by Trading Standards and although a fixed penalty notice had been issued, it was felt that breaches such as this contributed to the general problems referred to on Desborough Road.

In response the legal representative on behalf of Best-One contended that the public order problems identified by the Police and described in the appendix to the agenda did not involve underage drinking.  It was accepted that there had been one instance of sale to a minor and this had been dealt with by a fixed penalty notice.  Reference was made to other off licences in the area and nearby supermarkets selling high alcohol products and questioned whether it was right to single out Best-One as the main problem in respect of alleged off licence sales and public disorder on Desborough Road.  The point was also made that the letter of complaint from one business related to an incident in 2005 and did not justify the present response of Thames Valley Police.  However, in view of the observations made with regard to the Desborough Road area the Panel was informed that the licence holder would agree to licence conditions as under:

Members noted the comments made by both parties and during discussion the seriousness of selling alcohol to a minor was underlined by the Panel.  Members also took the view that the video evidence highlighted the need to ensure that proper training was in place to ensure that the licensing regulations were enforced.  The fixed penalty notice had been issued to the Licence Holder and when questioned he confirmed that he had obtained his personal licence through “grandfather rights” and  had not attended any formal training. The Panel also asked about staff training.  The Panel made particular reference to Challenge 21 and the need for this policy to be implemented, as the Licence Holder’s response when asked for an explanation for the offence was that the person looked over 18.  

At the conclusion of the discussion the representatives of Thames Valley Police, Best-One 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, the Panel took into account the licensing objectives under the Act, National Guidance and the Council’s licensing policy.

The Panel noted and agreed the conditions offered by the licensee, but were of the firmly held view that all staff should undertake BII level I training or equivalent and the designated premises supervisor undertake level II or equivalent and the premises must comply with Challenge 21 proof of age trading initiative.  It was also felt that CCTV was required to the satisfaction of the Police and the Licensing Authority with one camera monitoring the point of sale.  It was therefore:

Opening Hours

1.     The premises shall be open to members of the public

Sale by Retail of Alcohol

(Conditions necessary to promote the licensing objectives and imposed in response to a review of the premises licence.)

(The Hearing commenced at 2.00pm and concluded at 3.15pm)

_____________________

Chairman