Agenda item

Report of the Head of Legal and Democratic Services, detaining an application for review of the premises licence in respect of Family Food Store, 156 Warren Avenue, Southampton  SO16 6AD, attached.

The Sub-Committee considered an application for review of a premises licence in respect of Family Food Store, 15 Warren Avenue, Southampton  SO16 6AD.

Mr Jordan (Agent), Mr Perera (Premises Licence Holder and DPS), PC Conway and PC Norris (Hampshire Constabulary) were present and with the consent of the Chair, addressed the meeting.

The Sub-Committee considered the decision in confidential session in accordance with the Licensing Act (Hearings) Regulations 2005.

RESOLVED that the premises licence be suspended for a period of five weeks and that an additional condition be added to the licence.

After private deliberation the Sub-Committee reconvened and the Chair read the following decision:-

All parties will receive formal written confirmation of the decision and reasons.

The Sub-Committee has considered very carefully the application for review of the premises licence at Family Food Store, 156 Warren Avenue by Hampshire Constabulary supported by Trading Standards. It has given due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy.  Human Rights Legislation has been borne in mind whilst making this decision. 

All the evidence presented both written and given orally today, has been carefully considered and taken into account.  The Sub-Committee particularly addressed itself to the licensing objectives for the prevention of crime and disorder, the prevention of public nuisance and the protection of children from harm.

The Sub-Committee having considered all of the above has decided to suspend the premises licence for a period of five weeks. The period of suspension shall commence on the first Saturday falling after the 21 day period for appeal has elapsed.  In addition the Sub-Committee has determined to impose an additional condition, as follows:

No sales of single cans of alcohol shall be made at the premises.  For the avoidance of doubt the previously existing condition number 6. (annex 2 of the premises licence) shall be removed.

Reasons

The Sub-Committee having considered all of the options set out within the legislation determined that a suspension of the licence for a period of five weeks was appropriate and proportionate in this case.  It was noted that the premises licence holder and his consultant had worked with the police to take steps to ensure compliance with conditions.  In particular, the Sub-Committee noted that staff have now received training and passed tests, that signage had been placed at the premises in relation to the sale of single cans and underage sales.  As a result the Sub-Committee accepted the submissions of both parties that revocation would not be proportionate in this instance.  The Sub-Committee whilst making deliberations was referred to the statutory guidance and in identifying the causes of the concerns considered the financial impact of the suspension now imposed.  A suspension of five weeks was considered proportionate, both to act as a deterrent and to allow a sufficient period for outstanding steps to be undertaken to ensure compliance with the existing CCTV condition.

The Sub-Committee takes underage sales particularly seriously, especially where a sale was made to a test purchaser as young as 15. 

The Sub-Committee warns that in light of this review and other non- compliance with the licensing conditions any further issues at the premises are likely to lead to further review with the potential for revocation of the premises licence.

There is a right of appeal for all parties to the Magistrates’ Court.  Formal notification of the decision will set out that right in full.