LICENSING SUB-COMMITTEE – 7 DECEMBER 2010

Applicant: P.C. Glen Hill on behalf of Chief Constable of Hertfordshire Constabulary.

Type of Application: A Review of the premises Licence

Application Premises: Hemal Newsagents

Application address: 14 Hallowes Crescent, South Oxhey, WD19 7NT

Date of Application: 18th October 2010

Date by which a hearing must be commenced: 13th November 2010

Valid application made: Yes

1.  Summary of Application sought:

Following a routine visit to the premises in April 2010 Police wrote to the premises licence holder, Mr Jayendra Samani, expressing their concerns that the Licensing Objective “The protection of children from harm” was not being met by the way the premises was being run.

In a joint operation on 8th September 2010, the Police and Trading Standards carried out a test purchase at the premises and in that purchase a 16 year old girl was sold a 75cl bottle of wine without any apparent age checks being made by the counter assistant.

As a result of this failure and the concerns the Police expressed earlier in the year, they 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”, and has been since August 2005 following a straight conversion to the new Act from the old Licensing Act 1964.

The times for the supply of alcohol are as follows:-

Mondays to Saturdays: 08:00 – 23:00

Sundays 10:00 – 22:30

Good Friday 08:00 – 22:30

Christmas Day 12:00 – 15:00

Christmas Day 19:00 – 22:30

The premises licence holder is a Mr Jayendra Samani and a full copy of the licence is at Appendix 1.

2.  List of Objectors / Representations:

Responsible Authorities:

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

Nicholas Quinlan for Herts. C.C. Trading Standards.

3. Summary of Objections / Representations

Responsible Authority:

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

Trading Standards have made a representation on the basis that they have an on going criminal investigation, following the Test Purchase failure at the premises in question on 8th September 2010.

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

LP1 FUNDAMENTAL PRINCIPLES

LP1.1 In carrying out its licensing functions the Licensing Authority will promote the 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.

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

LP1.3 In 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.

LP1.4 While 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.

LP1.5 Nothing 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).

LP1.6 Conditions 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.

LP1.7 The 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.

LP1.8 The 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.

LP1.9 Conditions 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.

6. Further Information:

On 1st April 2010 and 1st October 2010 the Government introduced new mandatory conditions for Licensed Premises and one in particular refers to premises licensed for Off Sales only.

This particular condition is not currently shown on this licence, however, although we were not legally required to do so, a letter was sent out to all Premises Licence holders on 9th April 2010 informing them of the new conditions coming into being. The intention being to add the relevant new mandatory condition to a licence as and when it came in for a variation or any other reason. The letter is at Appendix II and the relevant condition is reproduced below:-

4. (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.

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/25/05

Premises details

Postal address of premises, or if none, ordnance survey map reference or description
Hemel Newsagents
14 Hallowes Crescent
Post town
South Oxhey / Post code
WD19 7NT
Telephone number 0208 428 2418
Where the licence is time limited the dates
Licensable Activities authorised by the licence
Sale of alcohol
The times the licence authorises the carrying out of licensable activities
Sale of Alcohol
Off sales:
Mondays to Saturdays: 08:00 – 23:00
Sundays 10:00 – 22:30
Good Friday 08:00 – 22:30
Christmas Day 12:00 – 15:00
Christmas Day 19:00 – 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
Mr Jayendra Samani
30 Hallowes Crescent
South Oxhey
Watford
WD19 7NT
Registered number of holder, for example company number, charity number (where applicable)
Name of designated premises supervisor where the premises licence authorises the supply of alcohol
Mr Jayendra Samani
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/25/05

Part 1 – Premises details

Postal address of premises, or if none, ordnance survey map reference or description
Hemel Newsagents
14 Hallowes Crescent
Post town / South Oxhey / Post code / WD19 NT
Telephone number / 0208 428 2418
Where the licence is time limited the dates
Licensable activities authorised by the licence
Sale of alcohol
The times the licence authorises the carrying out of licensable activities
Sale of Alcohol
Off sales:
Mondays to Saturdays: 08:00 – 23:00
Sundays 10:00 – 22:30
Good Friday 08:00 – 22:30
Christmas Day 12:00 – 15:00
Christmas Day 19:00 – 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
Mr Jayendra Samani
30 Hallowes Crescent
South Oxhey
Watford
WD19 7NT
0208 428 2418
Registered number of holder, for example company number, charity number (where applicable)
Name, address and telephone number of designated premises supervisor where the premises licence authorises the supply of alcohol
Mr Jayendra Samani
30 Hallowes Crescent
South Oxhey
Watford
WD19 7NT
0208 428 2418
Personal licence number and issuing authority of personal licence held by designated premises supervisor where the premises licence authorises the supply of alcohol
Pers/65/05 Three Rivers District 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.

Annex 2 - Conditions consistent with the Operating Schedule