Agenda and minutes

To consider a review of the premises licence granted in respect of Tiwana’s, Alder Drive, Chelmsley Wood.

The Licensing Act Panel was invited to review the Premises Licence granted in respect of Tiwana’s, 101-103 Alder Drive, Chelmsley Wood, B37 7QG.

The Licensing Officer detailed the facts of the case and the report as submitted was taken as read. Members received a representation from the Trading Standards and Environment Manager detailing the background and outcomes of a test purchasing exercise.

The Panel heard from Mr Sivarajah (Premises Licence holder) explaining the measures he had taken since the visit, and was intending to take, to ensure the licensing objectives would be complied with. He confirmed that he was in agreement with the proposed officer conditions detailed within the report.

The Premises Licence holder agreed that external training for all staff was necessary, including himself. He was confident that he could arrange ‘Challenge 25’ training very quickly. He also confirmed that the CCTV conditions were satisfied.

RESOLVED

The Panel, having carefully considered the report and listened to the Trading Standards and Environment Manager and Mr Sivarajah, were very concerned that there had been a previous known underage sale of alcohol which resulted in a child being admitted to hospital from the effects of excessive alcohol consumption.

Members were shocked that despite officers visiting the premises on three occasions to discuss the sale of alcohol to children, it still resulted in another underage sale following the test purchase exercise in August 2022.

Members noted that officers were still considering a potential criminal prosecution of the sale of alcohol to a person under 18. This was a serious breach of the licensing objectives relating to the prevention of crime and disorder, and protection of children from harm. It was also concerning that there were delays and difficulties with allowing officers to view the CCTV.

Members asked officers to carry out further random underage exercises at the premises during the next twelve months.

To help prevent further breaches of the licensing objectives the Panel added the following conditions to those detailed in the report and described below:-

·  That there be no sales of alcohol by any person unless that person has produced a copy of their Certificate of Training from ‘Challenge 25’, or equivalent provider, to the Council’s Licensing Team Leader; and

·  There shall be no sale of alcohol until officers have inspected the CCTV system and are satisfied that CCTV and ‘Challenge 25’ conditions have been met.

Prevention of Crime and Disorder

CCTV covering the interior and exterior of the premises will be installed and shall be kept operational at all times the premises are open to the public;

·  It shall be capable of taking a head and shoulders shot of persons entering the premises, of recording images to an evidential standard in any light and be capable of storing images for a minimum of 31 days;

·  All staff who may work front of house shall be trained to operate the CCTV system and download images;

·  At least one member of staff trained to operate the CCTV system and download  ...  view the full minutes text for item 1.

To consider a review of the premises licence granted in respect of Tanda’s Stores, Silver Birch Road, Kingshurst.

The Licensing Act Panel was invited to review the Premises Licence granted in respect of Tanda’s Stores, 71 Silver Birch Road, Kingshurst, B37 6AS.

The Licensing Officer detailed the facts of the case and the report as submitted was taken as read. Members received a representation from the Trading Standards and Environment Manager detailing the background and outcomes of a test purchasing exercise.

The Panel heard from Mr Curtis (representing Mrs Kaur) explaining the comprehensive measures that had been taken since the visit to ensure the licensing objectives would be fully complied with. Mr Curtis went through the proposed officer conditions and under the Prevention of Crime and Disorder objective, requested that the proposed condition ‘All staff who may work front of house shall be trained to operate the CCTV system and download images’ be removed as the condition below it covered operating the CCTV at all times.

The premises licence holder confirmed she was in agreement with the proposed officer conditions, detailed within the report, except for the one condition which her solicitor deemed unnecessary and, answered questions from the Panel.

The Trading Standards and Environment Manager advised that with the major improvements that appeared to have been made it was no longer felt a licence suspension was necessary.

RESOLVED

The Panel, having carefully considered the report and listened to the Trading Standards and Environment Manager, Mr Curtis and Mrs Kaur, were very concerned that there had been a previous known underage sale of a vaping product in August 2022. It was very disappointing that during a subsequent underage exercise alcohol was served to a young person under 18 despite officers visiting the store and reminding them of their obligation to prevent underage sales. Members noted that there was just one entry in the refusals book and a lack of signage regarding underage sales.

There had clearly been breaches of licensable objectives such as protection of children form harm and prevention of crime – the underage sale being a criminal offence. Members noted that officers were still considering a potential criminal prosecution of the sale of alcohol to a person under 18.

Members were pleased to hear and read that the premises licence holder had arranged ‘Challenge 25’ training for all staff members, produced an handbook and ensured that the CCTV conditions were satisfied.

Members asked officers to carry out further random underage exercises at the premises during the next twelve months.

The Panel were content to remove the condition as requested by Mr Curtis, and also replaced ‘police’ on any condition with ‘any responsible authority’.

To prevent further breaches of the licensing objectives the Panel confirmed the following conditions:-

Prevention of Crime and Disorder

CCTV covering the interior and exterior of the premises will be installed and shall be kept operational at all times the premises are open to the public;

·  It shall be capable of taking a head and shoulders shot of persons entering the premises, of recording images to an evidential standard in any light  ...  view the full minutes text for item 2.