An application for a Premises Licence in respect of Irrhysponsible Drinks, 1A Brantley Avenue, Wolverhampton, WV3 9AP was considered following representations received from the Licensing Authority, West Midlands Police, Trading Standards, Environmental Health, Public Health and Other Persons.
The Chair welcomed all parties to the hearing and invited all those present to introduce themselves. All parties did so. He outlined the procedure to be followed and all parties confirmed that they understood the procedure.
Anita Chonk, Senior Licensing and Compliance Officer provided an outline of the application. Mr Rob Jephcotes, Agent representing the Applicant, Mr Rhys Linton, confirmed that the summary was accurate.
The Chair invited the Applicant to present the application. Mr Rob Jephcotes did so as per Appendix 1 of the report. He stated that he and his client had proactively tried to mediate with the objectors and were happy to work with the Responsible Authorities to address any concerns they had.
The Chair afforded all parties present the opportunity to question Mr Jephcotes and his client in relation to his submission.
In response to questions asked, Mr Linton stated the following:
The Chair invited the Licensing Authority to make representations. Greg Bickerdike, Licensing Manager, did so as per Appendix 3 of the report. He stated that the mediation document on page 73 of the report had not been agreed and that he had concerns regarding the underage sale incident and the marketing on social media.
The Chair afforded all parties present the opportunity to question the Licensing Authority in relation to its submission. Greg Bickerdike responded to questions asked and explained his concerns regarding the sale of single bottles.
The Chair invited West Midlands Police (WMP) to make representations. Aimee Taylor did so as per Appendix 4 of the report. She stated that WMP had not seen an age verification policy for the premises and had concerns regarding the online sales. She further stated that the Applicant was not upholding the Licensing Objectives.
The Chair afforded all parties present the opportunity to question West Midlands Police in relation to its submission. Miss Taylor responded to questions asked.
The Chair invited Environmental Health to make representations. Emma Waites, Senior Officer - Food and Health and Safety, did so as per Appendix 6 of the report. She stated that her objections were regarding noise nuisance and that her concerns would be alleviated should the Applicant reduce the trading hours as proposed.
The Chair invited all parties present to question Environmental Health in relation to its submission. Emma Waites, responded to questions asked.
The Chair invited Public Health to make representations. Andrea Crew, Senior Public Health Specialist, did so as per Appendix 7 of the report. She stated that her objections were solely regarding the name of the premises.
The Chair invited all parties present to question Public Health in relation to its submission. Andrea Crew responded to questions asked and following discussions regarding the premises name, Mr Rhys Linton agreed to change the premises name to ‘Irrhysistable Drinks’.
The Chair invited Trading Standards to make representations. Dianne Slack, Tobacco Control Officer, did so as per Appendix 5 of the report. She outlined the underage sale incident and explained her concerns regarding online sales.
The Chair invited all parties present to question Trading Standards in relation to its submission. Dianne Slack responded to questions asked.
The Chair invited Other Persons to make representations. Councillor Jonathan Crofts did so as per Appendix 8 of the report.
The Chair invited all parties present to question Councillor Jonathan Crofts in relation to its submission. Councillor Jonathan Crofts responded to questions asked.
The Chair invited all parties present to make their final address.
Councillor Jonathan Crofts, Trading Standards, Public Health, Environmental Health, the Licensing Authority and the Applicant’s Agent made a final statement.
Councillor Page, Councillor Potter, Councillor Inston, the Solicitor and Democratic Services Officer, withdrew from the meeting to enable the Sub-Committee to determine the matter.
The Sub-Committee adjourned at 11.45 hours.
The Hearing reconvened at 12.01 hours.
Councillor Page, Councillor Potter, Councillor Inston, the Solicitor and Democratic Services Officer re-joined the meeting.
The Chair advised all parties of the decision of the Sub-Committee and stated that the full decision notice would be sent to all parties within 5 days.
The Statutory Licensing Sub-Committee had taken note of all representations made both in writing and given orally by those who attended the hearing regarding the concerns raised in respect of the application for a Premises Licence for Irrhysponsible Drinks, 1A Brantley Avenue, Wolverhampton, WV3 9AP.
The Sub-Committee heard from the Applicant that:
The Sub-Committee heard from the Licensing Authority as Responsible Authority that:
The Sub-Committee heard from West Midlands Police that:
The Sub-Committee heard from Trading Standards that:
The Sub-Committee heard from Environmental Health that:
The Sub-Committee heard from Public Health that:
The Sub-Committee heard from Councillor Jonathon Crofts that:
The Sub-Committee had regard to both the written and oral evidence that had been presented and attached appropriate weight.
Having considered the views of all concerned, the Sub-Committee decided that the application for a premises licence should be granted, subject to the modifications and terms and conditions detailed below in accordance with section 18 of the Licensing Act 2018.
It was considered by the Licensing Sub-Committee that the following modifications to the proposed Operating Schedule and additional conditions should be attached in support of the licensing objectives:
Modifications to the Premises Name
That the premises name be changed to: Irrhysistible Drinks within 14 days from receipt of decision notice.
A fee of £10.50 would be payable in order to make this change of name.
Modifications to the operating schedule
Supply of alcohol
From:Monday to Saturday 12:00 – 23:00 Sunday 11:00 – 22:00
To: Monday to Sunday 12:00 – 21:00
General – all four licensing objectives
I will ensure that any person selling or supplying alcoholic drink under the authority of a personal licence holder asks for a photo ID proof of age where they have reason to suspect that the individual may be under 18 years of age.
The prevention of crime and disorder
An electronic or written incidents log will be maintained at the premises with a record of all incidents of crime and disorder reported to or by the premises; all ejections of patrons; any complaints received; fraudulent ID or other items; any faults in the CCTV system; any visit by a relevant authority or emergency service. The incidents log will be produced to an officer of a responsible authority upon request. Where a crime is believed to have been committed, the incident will be reported to West Midlands Police. The incidents log will be kept for at least 12 months and will be produced to an officer of a responsible authority upon request.
Any supply of alcohol for consumption off the premises must be within a sealed container.
No customers will be admitted or permitted to leave when carrying open or sealed bottles or glasses.
I will ensure that the consumption of alcohol is restricted to the areas identified on the plan attached to the operating schedule.
The prevention of public nuisance
Alcohol shall be delivered to a residential or business address only and shall not be delivered to a person in a public place, e.g. a car park, a street corner, a bus stop etc.
Signage will be visible at all premises exits to request that customers leave the premises and area quietly.
The protection of children from harm
From: I will implement a proof of age policy agreed by the police and local authority.
To: A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are the following recognised photographic identification cards: a driving licence, a passport, a military identification card or a Proof of Age card carrying a ‘PASS’ hologram.
From: I will display any restrictions on the admittance of individuals according to age (e.g. Children) on or immediately outside the premises.
To: Under 18s are prohibited from entering the premises and signage advising of this will be visible at all entrances.
The premises licence holder shall maintain an accurate and up to date record of all sales of alcohol made via remotes means. This information shall be made available to Police and authorised officers when requested.
Where internet/telephone sales are placed, age verification shall be obtained before the sale takes place. The customer shall be made aware that acceptable forms of identification may be checked at the point of delivery. Customers placing orders over the internet shall be asked to verify their age if unable to pay by credit card.
A refusals record shall be kept at the premises which details all refusals to sell alcohol. This record shall include:
All entries must be made within 24 hours of the refusal. The record must be made available for inspection when requested by an officer of a Responsible Authority. Records shall be kept for at least 12 months.
Where a delivery is made by the premises staff or by staff employed directly by the company:
Where a delivery driver has concerns further to child protection at any address to which alcohol has been delivered these concerns shall be made known to the premises licence holder with a minimum of delay whereupon the premises licence holder shall report the matter to Wolverhampton’s Emergency Duty Team.
All delivery address labels must state that the package must not be delivered to a person under 18 years of age. All transactions requiring age verification via your specified courier are to be documented, detailing the order number, recipient and delivery address. This document is to be made available to any responsible authority if requested.
When age-restricted goods are delivered to a customer's address, the person who takes receipt of the goods must subject to Challenge 25 verification. Where age verification is required, an original valid photographic identity document must be provided.
Delivery staff shall have emergency contact numbers for the DPS or the designated responsible person.
Age verification requirements shall be prominently displayed on the website and in on all advertising materials including online advertising. There shall be the following statement on any website through which sales are made: “We operate a Challenge 25 policy and you must be at least 18 years old to purchase alcohol. It is a criminal offence for anyone under the age of 18 to buy or attempt to buy alcohol. It is also a criminal offence for anyone to buy or attempt to buy alcohol for persons under the age of 18. A record is kept of all purchases and attempted purchases. Orders cannot be collected from the premises.”
All staff, including all delivery drivers, to receive training and refresher training every six months on their responsibilities with regard to licensing legislation and, in particular, to underage and proxy sales. Training will also cover Challenge 25 and conflict management. This training must be documented and produced to an officer of a responsible authority upon request.
Finally, such conditions as are specified on/or consistent with the operating schedule will be attached to the licence, together with any mandatory conditions required by the Act. These conditions are as follows:
• Challenge 25
• Recognising signs of drunkenness,
• How to refuse service,
• The premises’ duty of care,
• The conditions in force under this licence.
A written copy of the decision would be forwarded to all parties forthwith.
All parties had a right of appeal to the Magistrates Court within 21 days of receipt of the decision.