Licensing Sub-Committee 20 April 2011

LICENSING SUB-COMMITTEE – 20 APRIL 2011

Applicant:Police Constable Glen Hill on behalf of Chief Constable of Hertfordshire Constabulary

Application Premises:CarpendersPark Convenience Store

Application address:6 The Parade, Carpenders ParkWD19 5BL

Date of Application:3rd March 2011

Date by which a hearing must be commenced by: 4th May 2011

Valid application made: Yes

1. Summary of Application sought:

On 14thSeptember 2010 PC Glen Hill conducted a routine visit to the premises and as a result concerns were highlighted as to the way the premises was being managed. These concerns in the main were: staff training issues and enforcement of an age verification policy.

In a joint operation with Trading Standards on Thursday 16th December 2010, a test purchase was carried out at the premises and a 16 years old male volunteer was able to purchase a 568 ml bottle of Magners Pear Cider (4.5% volume), unchallenged.

As a result of this failure and the concerns thrown up by the earlier routine visit Police have called for a review of the premises licence.

Summary of Existing rights under the current Premises Licence:

The premises is currently licensed under the Licensing Act 2003 for the supply of alcohol by retail for consumption off the premises only, in effect an “Off Licence”, with the opening times of :-

Monday to Saturday – 08:00 to 23:00

Sunday - 10:00 to 22:30

The old Justices Licence was converted to the new Licensing Act 2003 on 5th July 2005 under the grandfather rights. The application was not contested and so did not go before a Licensing Committee, therefore no additional or new conditions were added to the licence and it currently operates on the old embedded restrictions carried over from the Licensing Act 1964.

However the mandatory conditions of the Licensing Act 2003 (the Act), including additional mandatory conditions that came into being after 6thApril 2010 & 1st October 2010 following amendments to the Act brought about by the Policing and Crime Act 2009, apply to all premises licences, see Appendix I

The current Designated Premises Supervisor (DPS) is a Shailesh MODASIA who was also the DPS at the time of the underage sale.

A copy of the current licence is reproduced at Appendix 1.

1. List of Objectors / Representations:

Responsible Authorities:

P.C. Glen Hill. Herts. Police Licensing Officer for Three Rivers District.

3.Summary of Objections / Representations

Responsible Authority:

A summary of the Police representation is as given in Para. 1.

Local interested parties:

There were no representations from any local interested parties.

4.Statutory Guidance

Paragraph 11.16

The Licensing Authority may decide that no action is necessary if it finds that the review does not require it to take any steps necessary to promote the licensing objectives. In addition there is nothing to prevent a licensing authority issuing an informal warning to the licence holder and/or to recommend improvement within a particular period of time. It is expected that the licensing authorities will regard such warnings as an important mechanism for ensuring that the licensing objectives are effectively promoted and that warnings should be issued in writing to the holder of the licence. However where responsible authorities like the Police or Environmental Health Officers have already issued warnings requiring improvement either orally or in writing, that have failed as part of their own stepped approach to concerns, licensing authorities should not merely repeat that approach.

Paragraph 11.17

Where the licensing authority considers that action is necessary, it may take the following steps:-

1. to modify the conditions of the premises licence ( which includes adding new conditions or any alteration or omission of an existing condition),
2. to exclude a licensable activity from the scope of the licence,
3. to remove the Designated Premises Supervisor(DPS), for example if they consider that the problems arise from poor management,
4. to suspend the licence for a period not exceeding 3 months,
5. to revoke the licence.

Paragraph 11.18

In deciding which of these powers to invoke, it is expected that the licensing authorities should so far as possible seek to establish the cause or causes of concern which the representations identify. The remedial action taken should generally be directed at these causes and should always be no more than a necessary and proportionate response.

Paragraph 11.19

For example, licensing authorities should be alive to the possibility that the removal and replacement of the DPS may be sufficient to remedy the problem where the cause of the identified problem directly relates to poor management decisions made by that individual.

Paragraph 11.20

Equally it may emerge that poor management is a direct reflection of poor company practice or policy and the mere removal of the DPS may be an inadequate response to the problems presented. Indeed where subsequent review hearings are generated by representations, it should be rare merely to remove a succession of DPSs as this would be a clear indication of deeper problems which impact upon the licensing objectives.

Paragraph 11.21

Licensing authorities should also note that modifications of conditions and exclusions of licensable activities may be imposed either permanently or for a temporary period of up to 3 months. Temporary changes or suspension of the licence for up to 3 months could impact on the business holding the licence financially and would only be expected to be pursued as a necessary means of promoting the licensing objectives. So for instance, a licence could be suspended for a weekend as a means of deterring the holder of allowing the problems that gave rise to the review to happen again. However it will always be important that any detrimental financial impact that may result from a licensing authority’s decision is necessary and proportionate to the promotion of the licensing objectives.

5.Licensing Policy Guidance

LP1FUNDAMENTAL PRINCIPLES

LP1.1In carrying out its licensing functions the Licensing Authority will promotethe Licensing Act’s four licensing objectives, which are:

1. the prevention of crime and disorder;
2. public safety;
3. the prevention of public nuisance; and
4. the protection of children from harm.

LP1.2Each of these objectives is to be considered equally. No one objective carries more importance than another.

LP1.3In determining our policy, we have had regard to the Secretary of State’s Guidance (“the Guidance”) issued under section 182 of the Act, which was amended on 28 June 2007. We shall give appropriate weight to the views of those we consult. Referring to the Guidance is important for consistency, particularly where licensing authority boundaries meet.

LP1.4While this Licensing Policy sets out a general approach to the making of licensing decisions, it does not ignore nor is inconsistent with the provisions in the Act. For example, nothing in our Policy undermines the right of any individual to apply under the terms of the Act for a variety of permissions and to have any such application considered on its individual merits.

LP1.5Nothing in our Policy will override the right of any relevant person or body to make representations (objections) on an application or seek a review of a licence or certificate where provision has been made for them to do so in the Act. (This means to make a complaint that a premises is not adhering to its licence conditions or is causing problems locally which contravene one or more of the four licensing objectives).

LP1.6Conditions attached to various licences will be focused on matters which are within the control of individual licence holders and others granted relevant authorisations. Accordingly, these matters will centre on the premises and places being used for licensable activities and the vicinity of those premises and places. Whether or not incidents can be regarded as being in the ‘vicinity’ of licensed premises or places is a question of fact and will depend on the particular circumstances of each case.

Premises deemed to be “in the vicinity” will be taken to be those premises close enough to the licensed premises to be directly affected by the licensable activities permitted, or sought to be permitted, at the said premises. This licensing authority does not intend to apply a fixed, arbitrary radius to determine vicinity in each and every case.

In cases of dispute, the Magistrates’ Court will ultimately decide the question.

LP1.7The Licensing Authority will primarily focus on the direct impact of the activities taking place at licensed premises on members of the public living, working or engaged in normal activity in the area concerned. Licensing law is not a mechanism for the general control of anti-social behaviour by individuals once they are away from the premises and, therefore, beyond the direct control of the individual, club or business holding the licence, certificate or authorisation concerned. Nonetheless licensing law is key to providing a holistic approach to the management of the evening and night-time economies of town centres.

The expectation is that Licensed premises will take responsibility for managing the quiet dispersal of their customers to the best of their ability.

LP1.8The Licensing Authority is committed to avoiding duplication with other regulatory regimes as far as possible. For example, legislation governing health and safety at work and fire safety places a range of general duties on employers and operators of venues both in respect of employees and of the general public when on the premises in question. Similarly, many aspects of fire safety will be covered by existing and future legislation.

LP1.9Conditions in respect of public safety will only be attached to premises licences and club premises certificates that are necessary for the promotion of that licensing objective i.e. if already provided for in other legislation, conditions cannot be considered necessary in the context of licensing law. Where no such legislation exists licence conditions will be used as appropriate.

Further Information:

The member of staff affecting the sale of alcohol to the under age volunteer was a Mr Chhagan MODASIA, who was in the store on his own at the time and was given a fixed penalty notice for the offence.

Appendix 1.

The premises licence.

Reference number:

Local Licensing Authority

Rickmansworth

Fax.:01923 896119

Licensing Act 2003

Premises licence summary

Premises details

1

Reference number:

Local Licensing Authority

Rickmansworth

Fax.:01923 896119

Licensing Act 2003

Premises licence

Part 1 – Premises details

Part 2

Annex 1 - Mandatory conditions

1. No supply of alcohol shall be made under this Premises Licence at a time:

(a) when there is no designated premises supervisor in respect of the

Premises Licence.

(b) when the designated premises supervisor does not hold a personal

licence or his or her personal licence is suspended.

1. Every supply of alcohol under the Premises Licence shall be made or authorised by a person who holds a personal licence.

Annex 2 - Conditions consistent with the Operating Schedule

1This Premises Licence is issued as a conversion of the following existing licence:

a)A Justices Off Licence issued under the Licensing Act 1964 to Shailesh Modasia on 5th February 2004 by the Petty Sessional Division of West Herts.

2All restrictions and rights attaching to the existing licence at the date of conversion (including standard conditions and expressed conditions subject to which the existing licence was issued and limitations on the use of the premises for the existing licensable activities under the existing licence by the Children and Young Persons Act 1933, the Cinematograph (Safety) Regulations 1955, the Licensing Act 1964 and the Sporting Events (Control of Alcohol Etc) Act 1985) shall apply to the same extent in relation to this Premises Licence (except only as restricted by the Licensing Act 2003) as if each such restriction or right (including standard conditions and expressed conditions subject to which the existing licence was issued and limitations on the use of the premises for the existing licensable activities under the existing licence by the Children and Young Persons Act 1933, the Cinematograph(Safety) Regulations 1955, the Licensing Act 1964, and the Sporting Events(Control of Alcohol Etc) Act 1985) were specifically and separately set out in this Premises Licence.

In these conditions:

“existing licence” means the licence referred to in condition 1(a) above

“existing licensable activities” under an existing licence means:

the licensable activities authorised by the existing licence

any other licensable activities which may be carried on at the premises in

respect of which the existing licence has effect (at the date of conversion), by

virtue of the existence of the licence.

“the date of conversion” of an existing licence means the date on which this

Premises Licence was issued

3Alcohol shall not be sold or supplied except during permitted hours.

In this condition, permitted hours means:

Off- sales

a)On weekdays, other than Christmas Day, 08:00 to 23:00

b)On Sundays, other than Christmas Day, 10:00 to 22:30

c)On Christmas Day, 12:00 to 15:00 and 19:00 to 22:30

d)On Good Friday, 08:00 to 22:30

The above restrictions do not prohibit:

a)during the first twenty minutes after the above hours, the taking of the alcohol from the premises, unless the alcohol is supplied or taken in an open container;

b)the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

c)the sale of alcohol to a trader or club for the purposes of the trade or club;

d)the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces.

4Alcohol sold for consumption off the premises shall not be sold in an open container or be consumed in the licensed premises.

Annex 3 - Conditions attached after a hearing by the licensing authority

Not applicable

Annex 4 – Plans

As per original application of 4 July 2005

Additional Mandatory Licensing Conditions

As a result of the Policing and Crime Act 2009 additional mandatory conditions now apply to all premises licenses and club premises certificates. Conditions 1-3 come into being as from the 6thApril 2010 and conditions 4 & 5 from 1st October 2010, These additional conditions are listed below.

1. (1)The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

(2)In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children–

(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to–

(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

(ii) drink as much alcohol as possible (whether within a time limit or otherwise);

(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less;

(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on–

(i) the outcome of a race, competition or other event or process, or

(ii) the likelihood of anything occurring or not occurring;

(e) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behavior or to refer to the effects of drunkenness in any favourable manner.