Agenda item
Application to Review the Premises Licence for A&Y Wines, 116 Brick Lane, E1 6RL (LSC 037/910)
Minutes:
At the request of the Chair, Mr Mohshin Ali, Acting Senior Licensing Officer, introduced the report which detailed the review application for the premise licence for A&Y Wines, 116 Brick Lane, London E1 6RL. It was noted that the review had been triggered by Trading Standards and was also supported by a local resident.
Mr John McCrohan, Trading Standards Manager explained that on three separate occasions, staff had sold alcohol to young people under the age of eighteen undertaking test purchasing exercises with Trading Standards Service. It was noted that test purchases undertaken by Trading Standards departments were carried out in accordance with a nationally agreed Code of Best Practice between the Trading Standards Institute, Local Authorities Coordinators of Regulatory Services and the Department for Culture, Media and Sport.
Mr McCrohan explained that on 30th May 2006, Mr Kobir Ahmed a member of staff sold alcohol to a child aged sixteen. This had resulted in a fixed penalty notice of £80 being given by the Police to the seller. On 5th June 2008, Mr Mohammed Nazrul a member of staff sold alcohol to a child aged sixteen. This resulted in a fixed penalty notice of £80 being given by the Police to the seller. On 21st August 2009, Mr Kobir Ahmed a member of staff again sold alcohol to a child aged sixteen. This also resulted in another fixed penalty notice of £80 being given by the police to the seller.
Mr McCrohan explained that in all three cases where sales were made, it could have been avoided by the seller, by asking the test purchaser his/her age and for them to produce a recommended proof of age card. He explained that to prevent the future sales of this nature, Trading Standards seeks to have four conditions added to the premises license listed on page 40 of the agenda.
Ms Sarah Clover, Counsel for the Premise License Holders extended her apologies on behalf of the Premises License Holders for the incidents which had taken place. It was noted that they accepted the conditions proposed by Trading Standards and were ready and willingly to work with all regulatory authorities to prevent this from happening again in the future. Ms Clover explained that since these incidents, both members of staff had been dismissed. Ms Clover assured members that they had every confidence that this would not happen again.
There were no questions from Members.
The Chair advised that the Sub Committee would at 7.30pm adjourn to consider the evidence presented. The members reconvened at 7.38pm, the Chair reported that the Sub Committee had;
RESOLVED
That the Review application for A & Y Wines, 116 Brick Lane, London E1 6RL be GRANTED with the following conditions added to the premises license;
Conditions
1. The Designated Premises Supervisor (DPS) or a Personal Licence Holder must be present on the premises when all alcohol sales are made
2. The introduction of the Challenge 21 policy and No ID No Sale policy which is supported with signage at all entrances and in the serving area and suitable signage to be prominently displayed inside and outside the premises stating that those aged 21 or over who do not look their age will be asked for proof of ID.
3. Only documentation which include a photograph of the purchaser are acceptable to prove that persons age, eg. passport, new style driving licence, and only PASS- approved age cards, eg. portman card, citizens card.
4. A Refusal book is maintained, which documents the date and time a refusal of sale is made, the reason for the refusal and the member of staff refusing the sale. The Licensee or the Designated Premises Supervisor should monitor the Log on a regular basis and sign it to show it has been done.
Supporting documents: