Agenda item

Consideration was given to the report of the Senior Licensing Officer regarding an application for the review of a Premises Licence in respect of Deneburn Stores, 20 Deneburn Terrace, The Grove, Consett (for copy see file of Minutes).

 

A copy of the application and supporting documents had been circulated to the Sub-Committee, together with additional information submitted by the Licence Holder’s Solicitor.

 

The Senior Licensing Officer informed Members that recent mediation had taken place and amendments to conditions on the Premises Licence had been suggested by the Local Weights and Measures Authority, a copy of which was circulated to Members. The Licence Holder had agreed to the proposed conditions being added to the Premises Licence.

 

Mr Cooper of the Local Weights and Measures Authority took Members through the grounds for review which were set out in the bundle of evidence, and were that the premises had exposed for sale vodka to which a false trademark had been applied. The applicant had originally requested that the Licence be suspended but following negotiation with the Licence Holder had decided that mediation was the most appropriate means of ensuring that this was not repeated.

 

The Chairman asked if the vodka contained traces of other substances and was informed that it was a genuine product which had been illegally sourced.

 

Following a further question from the Chairman Mr Cooper advised that it had not been possible to establish where the vodka had been sourced.

 

Mr Davies, the Licence Holder’s Solicitor addressed the Sub-Committee stating that the premises had been purchased in 2015 with a list of the stock remaining in the store. As could be seen from the bundle of evidence there was a considerable amount of stock at the time of purchase, and also that the Licence Holder replenished stock regularly from a Cash and Carry.

 

Of the bottles that were seized from the total quantity in the shop, Mr Sundaralingham could not say whether they were bought by him or were part of the stock purchased with the premises. The stock was stored in the back room and the Licence Holder would from time to time move more stock into the store for sale. He had not purchased alcohol from a hawker.

 

Members may take the view that looking at the amount purchased legitimately from a cash and carry that there would be little point in the Licence Holder buying 9 bottles of illegal vodka.

 

With regard to the 3 month period when no alcohol had been purchased Mr Sundaralingham had said in interview that the invoices were with his accountant, but these had now been supplied to Members.

 

Mr Davies agreed that the Sub-Committee would now want to ensure that whatever had occurred did not happen again. The Licence Holder was happy to accept the proposed conditions, bearing in mind that there was no evidence to show where the alcohol had come from, and given the short time he had owned the shop it would be reasonable to assume that the alcohol was already on the premises. He asked Members to give Mr Sundaralingham the benefit of the doubt.

 

Councillor May pointed out that the plan provided of the layout of the store was poor and Mr Sundaralingham was asked to point out where the night hatch was located. The Chairman also asked if the night hatch was illuminated. Members were shown the position of the hatch and were informed that there was an illuminated light in the main shop window but this was covered when the shutters were closed at night.

 

The Chairman asked if Mr Sundaralingham had checked the stock when he purchased the premises. Mr Sundaralingham advised that he had trusted the seller and as there was a lot of stock he did not think to check. His stock-taker had made checks but had not mentioned any illegal vodka. He advised that as Licence holder he would carry out the checks in future.

 

The Licence Holder was also asked why he had not needed to purchase alcohol in the period between 28 October and 16 December 2015, which would normally be a busy time of year. Mr Davies interjected and stated that his understanding was that this had been resolved by the submission of the additional information.

 

The Sub-Committee adjourned at 11.45am to allow the Licence Holder’s Solicitor to examine the invoices and re-convened at 12 noon.

 

Having examined the invoices Mr Davies referred Members to page 80 of the bundle. The purchases made on 8 June and 27 July were 7 weeks apart, then there was a 3 week period between sales from 9 September to 1 October. Thereafter purchases had been made every 2 weeks, and therefore Mr Sundaralingham had not needed to replenish until 16 December because of a build-up of stock. He had purchased alcohol from a Cash and Carry in Croyden during a visit to his wife. 

 

The Chairman asked if Mr Sundaralingham had attempted to contact the seller of the premises when he became aware that the Glens Vodka was contraband. Mr Sundaralingham confirmed that he had and the seller had advised that she was not aware that any of the alcohol was illegal.

 

Mr Davies reiterated that Mr Sundaralingham had said that he did not buy alcohol from a hawker and if he did mistakenly buy the contraband alcohol he could not say where from as he always used a Cash and Carry, as did the previous owner.     

 

In summing up Mr Davies reiterated that Mr Sundarlaingham had bought the store last year and had not made checks on the stock that he had purchased with the premises. A stock-taker had verified what was there and Mr Sundaralingham had accepted that. Even now he was not in a position to say how he had illegal vodka in the store. He had made contact with the previous owner who did not know anything about it.  This was a relatively small quantity when considered against the total stock in the premises. The proposed conditions would eliminate a repetition and should address concerns.

 

At 12.15pm the Sub-Committee retired to deliberate the application in private. After re-convening at 12.25pm the Chairman delivered the Sub-Committee’s decision. In determining the application the Sub-Committee had considered the report of the Senior Licensing Officer and the verbal and written representations of the applicant and the Licence Holder. Members had also taken into account the Council’s Statement of Licensing Policy and Section 182 Guidance issued by the Secretary of State.

 

Resolved:

 

That the following conditions be imposed on the Premises Licence:

 

-        The doors will be locked and the night hatch used between the hours of 23.00 and 06.00.

 

-       The Licence holder shall ensure that at all times when the premises are open for licensable activity, there are sufficient competent and suitably trained staff on duty at the premises for the purpose of fulfilling the terms and conditions of the licence.

 

-       All incidents occurring at the premises will be recorded in an incident book maintained by the premises licence holder or a nominated member of staff.  The details which will be recorded in the Incident Book are, the time and date of the incident, the name or full description of any person(s) involved (including staff members), whether the incident was recorded on CCTV and the signature of the person making the entry. This book will be available at all times for inspection by the Police, Trading Standards or the Licensing Authority upon request.

 

-       Where any incident involves persons known to be, or suspected to be buying alcohol or tobacco on behalf of children they will be refused and reported to the Police.

 

-       A CCTV system is installed and maintained in proper working order and such a system shall:-

 

-       Be operated by properly trained staff

-       Be in operation at all times that the premises are being used for a licensable activity.

-       Ensure coverage of all entrances and exits to the licensed premises internally and externally

-       Ensure coverage of such other area as may be required by the Licensing Authority, Trading Standards or the Police.

-       Provide continuous recording facilities for each camera to a good standard of clarity.  Such recordings shall be retained digitally for a period of 28 days and shall be supplied to the Licensing Authority, Trading Standards or the Police on request and no later than 24 hours, following that request

-       Notices will be clearly displayed at the entrance and around the premises stating CCTV is in operation

 

-        Between the hours of 22.00 and 06.00 there shall be no illuminated signage advertising the premises open.

 

-       The premises will display clear and legible notices, requesting patrons to have regard to local residents and to keep the noise to a minimum when leaving the premises.

 

-       The Premise Licence Holder and any other persons responsible for the purchase of stock shall ensure that all alcohol is purchased from established trade premises that are capable of being verified as a supplier of genuine product

 

-       Full stock control records shall be kept for all alcohol stored on the premises including receipts for all goods purchased that must include:-

 

-       Sellers name and address.

-       Sellers company details, if applicable.

-       Sellers VAT details, if applicable.

-       Date of transaction.

-       Date of delivery (if different).

-       Description, price and quantities of goods purchased/delivered.

 

-       Original or copy receipts for all alcohol stored on the premises shall be made available for inspection upon request by the Police, Trading Standards and the Licensing Authority within 72 hours of that request.

 

-       The Premises Licence Holder and any other persons responsible for the purchase of stock shall take all reasonable steps to ascertain that stock bought is genuine and shall keep written records of such checks.  These shall include checks to ensure that all duty stamps on alcohol stock on the premises fluoresce under an ultraviolet light source.

 

-       Where the trader becomes aware that any alcohol may be not duty paid, or could be counterfeit or stolen they shall inform the Police or Trading Standards of this immediately

 

-       The premise are fitted with a burglar alarm system.

 

The Protection of Children from Harm

 

-       A documented ‘Challenge 25’ policy shall be in operation at all times, whereby all members of staff at the premises shall seek ‘credible photographic proof of age evidence’ from any person who appears to be under the age of 25 years and who is seeking to purchase alcohol in order to prove that they are over the age of 18. Such credible evidence, which shall include a photograph of the customer, will either be a passport, photographic driving licence, Military ID card or a Proof of Age card carrying a ‘PASS’ holographic logo.

 

-        Notices to be displayed concerning the law surrounding the ban on the sale of alcohol to children and explaining the Challenge 25 scheme.

 

-       A refusals register must be in place at the premises and used to keep a record of all attempted test purchases of alcohol and tobacco where a person believed to be under 25 is challenged and no identification is provided and the sale is therefore refused.

 

-       The refusals register should record the date and time of the refusal, a description of the young person refused, the goods asked for, any significant comments made or behaviours exhibited by the person and the signature of the person making the entry.

 

-       The register should be checked for completion and signed off on a regular basis by the DPS or Premise Licence Holder.  The refusal register must be kept available at all times for inspection by the Police, Trading Standards and the Licensing Authority upon request.

 

-       A written record of all staff training shall be maintained at the premises as follows:-

 

-      All members of staff shall receive training on their responsibilities, with a particular focus on issues surrounding under age sales of alcohol.  Training will be given to all new staff before they are permitted to serve alcohol, then refreshed a month later.

-       Training will focus upon age restricted products, policies and procedures, proxy sales, Challenge 25 and responsibilities with regard to working with and alongside enforcement agencies.

-       All staff training records and reminders to be put in writing and kept as a record of training which must be kept on the premises and be available at all times for inspection by the Police, Trading Standards or the Licensing Authority on request.