Agenda and minutes

The Chair welcomed everyone to the meeting.

The Senior Licensing Officer outlined the purpose of the hearing and explained that on 22 April 2013 an application was received for a review of the Premises Licence in respect of Body Fuel, 8 Kingsley Park Terrace, Northampton NN2 7HG.  The application was submitted by Northamptonshire Police and related to two Test Purchases where underage persons were sold alcoholic drinks at the premises to be taken away for consumption.

Application for the Review

PC Bryan stated that the grounds for review were under the Licensing Objective of the Protection of Children from Harm.

He gave a brief history of the premises, indicating that Test Purchases had been carried out on 17 October 2010, 13 May 2011 and in July 2011.  Alcohol had been sold to underage persons on two of those occasions.  In addition, PC Bryan stated that on 4 May 2011 an underage youth had been dealt with by a PCSO and the youth had stated that the alcohol in his possession had been purchased from the premises.  Penalty Notices had been served on the relevant member of staff in respect of the failed Test Purchases and had been paid.  PC Bryan referred to these incidents as being relevant to the Licensing Objective under which the Review had been called as giving a holistic representation of the premises.

PC Bryan stated that further Test Purchases had taken place at the premises on 7 December 2012 and on 22 February 2013, in both of which alcohol had been sold to underage persons.  On each occasion a Penalty Notice for Disorder for an offence under section 146 of the Licensing Act 2003 was served on the relevant member of staff and had been paid.

As the two failed Test Purchases were within three consecutive months of each other the premises fell within section 147a of the Licensing Act 2003 of persistently Selling Alcohol to Minors.  Northamptonshire Police offered the Premises Licence Holders the option of accepting a section 169a(2) Closure Notice for Persistently Selling Alcohol to Children for a period of fourteen days as an alternative to prosecution.  The Notice was accepted and served on 1 May 2013.

PC Bryan stated that Northamptonshire Police were concerned at the sales of alcohol to underage persons from the premises in 2010 and there had been four such sales since that time, and he wished the situation to be considered by the Sub-Committee.

Questions to the Applicant

In response to questions from the Sub Committee and the respondent’s representative PC Bryan stated that:

• The premises had not been specifically targeted for Test Purchases.  Test Purchases were carried out where information and intelligence indicated there might be an issue regarding the sale of alcohol to underage persons.  Information was sought from local Police officers before deciding on undertaking test Purchases.
• A Test Purchase had been planned for the premises on 13 May 2011 before the incident with the PCSO and youth on 4 May 2011, although the  ...  view the full minutes text for item 1.