Agenda and minutes

The Licensing Officer outlined the purpose of the hearing explaining that an application had been received from Northamptonshire Police on 12^th April 2010 with evidence to support the failure of the licensing objective for the Protection of Children from Harm.  The Licensing Officer then explained the procedure of the hearing.

Applicant for the Review

PC Dave Bryan, a Licensing Officer for Northamptonshire Police, explained the background of the review.  The premises had been the subject of two failed Test Purchase Operations on the 12^th December 2009 and 25^th March 2010 by Northamptonshire Trading Standards Department and Northamptonshire Police.  There had been two sale of alcohol in just over three months and it was considered that it needed to come to the attention of the Committee.

Northamptonshire Police were aware that the links between anti-social behaviour and underage sales of alcohol were well documented and ensuring alcohol was sold and consumed responsibility was a key priority.  Extra funding had been received from the Government to tackle the problem and in these circumstances suspension should be considered.   PC Bryan referred to Bassetlaw District Council v Worksop Magistrates' Court 2008 where premises had their licence suspended for underage sales.  On appeal and Judge had ruled that the suspension be overturned and six conditions were imposed on the licence.  The Licensing Authority challenged this as the Judge had considered only the provisions in the guidance which were dealing with situations not involving crime.  There had been a crime committed so therefore wider considerations had come into play, including the prevention of crime, and, if not punishment, at least deterrence.  The judge had not given reasons why he did not follow the guidance.  In this case, if suspension were considered, then there was case law available to follow.

Questions to the Applicant

In response to a question, Sgt Worthington explained that the Comprehensive Area Assessment which was run by the Government had given Corby and Northampton a ‘Red Flag’ as they were under performing.  The local authority had developed a strategic alcohol plan strategy and part of the funding was given to the Police to run test operations.

Representation by the Respondent

Mr Charalambides, Counsel for the Respondent informed the Committee that consideration should be given as to whether this case warranted deterrent or was a standard case and promotion of licensing objectives.  There was no CCTV condition or Challenge 25 conditions on the licence and it was important for the premises to demonstrate training.  It was a small store which was ran by husband and wife who had occasional staff but now had a permanent member who would have training.  Therefore the conditions could be offered and would not be controversial.   There was a concern of the age of the people of the tills and a condition could be imposed that no one could operate them under the age of 21.  Of the three employees, two people were Personal Licence Holders and the third would be shortly.  They had gone through  ...  view the full minutes text for item 1.