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Agenda Item No.

LICENSING SUB-COMMITTEE

MINUTES of a meeting held on 17^th December, 2007.

Present: Councillors J. Clifford, E. Hacker and Mrs. V.M. Hartrey.

Also present:

Responsible Authority: Trading Standards Officer, Licensing Officer and Police Officer.

A copy of the procedure for review hearings was provided to those present at the meeting.

(a) Appointment of Chairman -

Councillor Mrs. V.M. Hartrey was elected Chairman for the duration of the meeting.

(b) Declarations of Interest -

No declarations were received.

Also present: Mrs. Heffernan, respondent together with Mr. Heffernan.

Prior to the commencement of formal business, Mrs. Heffernan stated that Mr. Heffernan would speak at the meeting on her behalf.

It was reported that an application for the review of the premises licence for the Papershop, 5 Plymouth Road, Barry Island, under Section 51 of the Licensing Act 2003 had been received.

By way of background, Committee were advised that Mrs. Heffernan had applied to convert an existing licence to a premises licence under the Licensing Act 2003, and this had been granted on 31 August, 2005.

The licence had been granted for the sale of alcohol

- Monday to Saturday 08:00hrs to 23:00hrs

- Sunday 10:00hrs to 22:30hrs

- Good Friday 08:00hrs to 22:30hrs

- Christmas Day 12:00hrs to 15:00hrs and 19:00hrs to 22:30hrs.

The licence had been granted for off sales only and subject to the mandatory conditions under the Licensing Act 2003.

Mrs. Heffernan had been granted a personal licence under grandfather rights, by the Vale of Glamorgan on 7^th September, 2005.

Mrs. Heffernan remained the premises licence holder, and was also the designated premises supervisor for the premises.

The Licensing Officer reported that the Licensing Department had received an application for the review of the premises licence in respect of the Papershop from the Trading Standards Department at the Vale of Glamorgan Council. The review had been made in relation to two of the licensing objectives, the prevention of crime and disorder and the protection of children from harm.

The grounds for the application for the review was:

“Evidence exists of the sale and supply of alcohol to young persons under the age of 18. Alcohol was sold to those under the age of 18 on 10^th March, 2007.

This is contrary to Section 146 of the Licensing Act 2003 and this conduct places children in the community at risk and increases the likelihood of crime and disorder in the area.”

Mr. Heffernan was given an opportunity to make representations.

Mr. Heffernan raised the issue of the test purchase of alcohol carried out by an underage person, and enquired if the test purchaser had been “dressed-up”. Mr. Heffernan alleged entrapment on the part of Trading Standards.

In response, the Chairman stated that the circumstances of the test purchase were not an issue for discussion at this meeting. Mrs. Heffernan had accepted a caution, and this signified an acceptance of guilt for the incident.

Mr. Heffernan referred to the issue of the alleged lack of a Refusals Register, and stated that whilst Mrs. Heffernan had not kept a Refusals Register, she had maintained a diary in which details of refusals had been entered. Since 10^th March, 2007, Mrs. Heffernan had operated a formal Refusals Register.

In response, the Trading Standards Officer stated that Mrs. Heffernan had been asked if a Refusals Register was in existence and, whilst under caution, had replied that there was no such document in existence.

Mr. Heffernan asked if the Trading Standards Officer was aware that the staff in the shop had been given training documents.

The Trading Standards Officer replied that he was not.

The representative of the Police Authority advised of the problems associated with underage drinking in the Barry Island area.

27 incidents had been recorded in recent months, of which 20 had occurred in the Plymouth Road area.

The police were attempting to reduce the incidence of underage drinking in the area. A police officer had visited the Papershop on 1^st April, 2007 and had delivered a “No ID, No Sale” promotion pack, which had included a Refusals Register.

Additionally, the Vale of Glamorgan Licensing Department had letter-dropped all licensed premises in the Vale inviting them to attend training sessions.

In response, Mr. Heffernan informed that Plymouth Road was a very long road and, furthermore, the Papershop closed at 7.00pm. Mr. Heffernan surmised that many of the incidents that had been recorded had occurred late at night and could not therefore be attributed to the Papershop.

Mr. Heffernan informed the Members that:

- he took the view that the review of the Premises Licence had been orchestrated by officers of the Council against Mrs. Heffernan to cause the maximum inconvenience and embarrassment

- Mrs. Heffernan had been made to feel like a criminal despite her work over the past 25 years being unblemished

- the cost of the provision of the CCTV equipment as recommended by the Police would be enormously expensive

- the sales of alcohol from the shop amounted to £200 per week

- as a result of one blemish, Mr. and Mrs. Heffernan would have to incur significant expense if they wished to continue the sale of alcohol, and Mr. Heffernan considered that the “punishment” did not fit the “crime”

- Mr. Heffernan agreed that all alcohol products would be marked.

The Police representative, in response to Mr. Heffernan’s comments about the CCTV equipment, stated:

- that shopkeepers who chose to sell alcohol should accept responsibility for ensuring that it was sold appropriately

- the reason that the provision of the CCTV equipment had not been requested on the current licence was because the current licence had been a conversion of a previous licence

- a request for the provision of CCTV equipment was a standard condition on licences nowadays.

Mr. Heffernan advised that he had no closing statement.

The Members then retired to consider the application in private.

Sub-Committee decision -

In relation to the application by Trading Standards for a review of the Premises Licence at the Papershop, 5 Plymouth Road, Barry Island.

The Licensing Sub-Committee, taking into account the representations of Trading Standards, the South Wales Police and the Premises Licence Holder along with the DCMS Guidance, the objectives of the Licensing Act 2003 and the Council’s own Licensing Policy

RESOLVED - T H A T the conditions of the Licence be modified to include:

(1) A requirement that items of alcohol sold from the premises shall have affixed to them a permanent mark, such system to be implemented in consultation and to the satisfaction of the Trading Standards Department of the Council.

(2) A documented training scheme is introduced for all staff to be made available for inspection at the request of the Vale of Glamorgan Council and / or the Police.

(3) CCTV to operate at all times when the premises are open in accordance with the requirements of South Wales Police as contained in their representation of 26^th November, 2007 together with the requirement that:

(4) A Personal Licence Holder is present on the shop floor when retail sale of alcohol is made.

(5) The Premises Licence Holder shall operate and maintain an up-to-date Register of Refusals of Sale of Alcohol indicating the date, time and reason for refusal which shall be made available for inspection by the Vale of Glamorgan Council and / or the South Wales Police.

Reasons for decisions

(1-5) Concern at the underage sale of alcohol to 13 and 15 year old Trading Standards volunteers and the lack of training provided to staff to combat such sales. The Sub-Committee considers that the additional conditions to be imposed on the Licence will assist in the prevention of crime and disorder and protect children from harm.