LICENSING SUB-COMMITTEE – 6 OCTOBER 2011

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

Application Premises:Budgens Supermarket

Application address:57 High Street, Abbots Langley, WD5 0AE

Date of Application:11th August 2011

Date by which a hearing must be commenced by: 6th October 2011

Valid application made: Yes

  1. Summary of Application sought:

Budgens is the largest store in Abbots Langley High Street and therefore is of interest to the Police as to their crime prevention policies. Information from the local Safer Neighbourhood Team(SNT) suggested that the store was used by young persons of the area for shoplifting purposes and was known as an easy target. Reports of shoplifting at the premises had risen over the past year and the SNT drew this to the attention of PC Hill.

On 18th November 2010 PC Hill visited the premises for an inspection and spoke with the then Designated Premises Supervisor (DPS) a Mr Slawomir ZAK. PC Hill went over various aspects of proper management with him including Licensing legislation, use of an “Arrest Package”, the CCTV system and its use and crime prevention advice. This was followed up by a letter to the DPS and licence holder’s and a crime prevention survey.

The crime continued into 2011 and on 28th March 2011 PC Hill re-visited the premises to find that the DPS Mr ZAK had left some 6 weeks prior to his visit and that there was a new manager in place, a Mr Muhammad Luqman.No application had been made by the licence holder to vary the DPS and Mr Luqman wasn’t even sure if he was a personal licence holder or not, so the store was supplying alcohol without a DPS on the licence and therefore was in breach of the mandatory condition 1(a) on the premises licence. PC Hill informed the Licensing Officer at The Council of this and as a result of a visit to the store by the Licensing Officer, the supply of alcohol was suspended until the situation had been resolved. On the 29th March 2011 the DPS was varied to a Dary Sweeney with immediate effect, thus allowing the sale of alcohol to be reinstated.

As a result of this poor management the Police felt that the premises should be targeted for a test purchase on underage sales and in a joint operation with Trading Standards, on the 24th May 2011, a test purchase was made at the premises, using a 15 year old male volunteer and he was sold a 700ml bottle of “WKD” Red, a vodka based drink of 4% alcohol volume, by a member of staff. A “Challenge 25” was operated at the store and no proof of age was asked for.

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 August 2005 under the grandfather rights. The application was not contested and so did not go before a Licensing Committee, therefore no additional or new conditionswere added to the licenceat the time and it currently operates on the old embedded restrictions carried over from the Licensing Act 1964.

However as a result of the Policing & Crime Act 2009, from the 6th April 2010 and 1st October 2010additional mandatory conditionsnow apply to all premises licences and the relevant ones for this premises, have been shown on the premises licence.

The current Designated Premises Supervisor (DPS) is Mr Muhammad Luqman who replaced Mr Sweeney on 18th April 2011.

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.

Ms Johanna Foley of Hertfordshire Trading Standards

3.Summary of Objections / Representations

Responsible Authority:

Police:

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

Trading Standards:

Trading Standards have an on going criminal investigation at the premises following the underage sale.

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 who made the sale of alcohol to the volunteer was given an £80 fixed penalty notice for the offence.

The premises licence holders, Chiltern Stores Ltd, were given a written warning following the discovery that alcohol was being sold at the premises without a DPS being on the premises licence as mentioned in paragraph 1.

Appendix 1.

The premises licence.

Reference number:

/

Local Licensing Authority

Three Rivers House
Northway

Rickmansworth

Hertfordshire WD3 1RL
Tel.: 01923 776611

Fax.:01923 896119

/

Licensing Act 2003

Premises licence summary

Premises licence number / Prem/47/05

Premises details

Postal address of premises, or if none, ordnance survey map reference or description
Budgens
57 High Street
Post town
Abbots Langley / Post code
WD5 OAE
Telephone number 01923 265358
Where the licence is time limited the dates
N/A
Licensable Activities authorised by the licence
Supply of Alcohol
The times the licence authorises the carrying out of licensable activities
Supply of Alcohol
Off sales:
Mondays to Saturdays:08:00 – 23:00
Sundays10:00 – 22:30
Good Friday08:00 – 22:30
Christmas Day12:00 – 15:00
Christmas Day19:00 – 22:30
The opening hours of the premises
Where the licence authorises supplies of alcohol whether these are on and/or off supplies
Off Supplies
Name, (registered) address of holder of premises licence
Chiltern Stores Limited
High Street
Wendover
HP22 6EA
Registered number of holder, for example company number, charity number (where applicable)
5541828
Name of designated premises supervisor where the premises licence authorises the supply of alcohol
Mr Muhammad Luqman
State whether access to the premises by children is restricted or prohibited
Not Applicable

1

Reference number:

/

Local Licensing Authority

Three Rivers House
Northway

Rickmansworth

Hertfordshire WD3 1RL
Tel.: 01923 776611

Fax.:01923 896119

/

Licensing Act 2003

Premises licence

Premises licence number – Prem/47/05

Part 1 – Premises details

Postal address of premises, or if none, ordnance survey map reference or description
Budgens
57 High Street
Post town / Abbots Langley / Post code / WD5 0AE
Telephone number / 01923 265358
Where the licence is time limited the dates
N/A
Licensable activities authorised by the licence
Supply of Alcohol
The times the licence authorises the carrying out of licensable activities
Supply of Alcohol
Off sales:
Mondays to Saturdays:08:00 – 23:00
Sundays10:00 – 22:30
Good Friday08:00 – 22:30
Christmas Day12:00 – 15:00
Christmas Day19:00 – 22:30
The opening hours of the premises
Where the licence authorises supplies of alcohol whether these are on and/or off supplies
Off Supplies
Part 2
Name, (registered) address, telephone number and e-mail (where relevant) of holder of premises licence
Chiltern Stores Limited
High Street
Wendover
HP22 6EA
Registered number of holder, for example company number, charity number (where applicable)
5541828
Name, address and telephone number of designated premises supervisor where the premises licence authorises the supply of alcohol
Mr Muhammad Luqman
37 Northcote Road
Walthamstow
London
E17 7DT
Personal licence number and issuing authority of personal licence held by designated premises supervisor where the premises licence authorises the supply of alcohol
Personal Licence No:- Z01N1737NO/1, issued by – Waltham Forest Borough Council.

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.

As a result of the Policing and Crime Act 2009 additional mandatory conditions now apply to all premises licences and club premises certificates. The conditions relevant to your premises are listed below and come into effect from 1st October 2010.

3.(1)The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

(2)The policy must require individuals, who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy), to produce on request, before being served alcohol, identification bearing their photograph, date of birth and a holographic mark.

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 Kevin Timothy Byrne & Adrian Edward Buck & Gillian Michelle Evans on 14th October 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.