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Licensing Decisions
Friday, 14th February, 2014

Bargain Booze

The Application

Bargain Booze, 190-192 Central Drive Blackpool has the benefit of a premises licence authorising the sale of alcohol for consumption off the premises 08.00 - 00.00 hours daily.

On 20th December 2013, the licensing service received an application to review the premises licence on the ground of protection of children from harm. A copy of the application is attached.

The premises licence holder is LogicWise Limited. The Designated Premises Supervisor is Asif Murad Khan.

The Applicant

The review has been submitted by Weights and Measures

Relevant Representations

Representations have been received from:
1. Lancashire Constabulary
2. Health and Safety
3. Social Services

Local Policy Considerations

As a first review hearing, responsible authorities will be encouraged to propose a package of new conditions to be added to the licence designed to combat the identified problem. This package will be supplemented where appropriate by:
• Removal of the designated premises supervisor,
• Suspension of the licence for up to 3 months,
• Restriction on trading hours
• A clear warning that a further review will give rise to a presumption of revocation.
The aim of the review is to put the premises on probation, putting them on notice that further breaches will mean a second intervention where revocation of the licence will be considered.
The licensing authority retain the right to revoke the licence at the first review hearing where they feel that such action is necessary to promote the licensing objectives.

Underage sales
The licensing authority is concerned about the availability of alcohol to persons under the age of 18 within the area. Aside from the obvious health problems, and the enhanced chances of teenage pregnancy, the community suffers from anti social behaviour caused by excessive consumption of alcohol by young people. In order to reduce the risk of underage sales in premises, staff training will be an essential part of the preventative measures licence holders will be expected to take.
The licensing committee will view very seriously premises reviewed due to under age sales and although each review application will be determined on its own merits, licence holders will be expected to explain how the sales took place, and what measures have been put in place to minimise the risk of such sales taking place again.

National Guidance

Where the licensing authority considers that action under its statutory powers are necessary, it may take the following steps:
1. Modify the conditions of the premises licence
2. Exclude a licensable activity
3. Remove the Designated Premises Supervisor (if licence authorises sale of alcohol)
4. Suspend the licence for a period not exceeding three months
5. Revoke the licence.


The licence is currently subject to the following conditions:

Annex 1 - Mandatory conditions
1 Alcohol shall not be sold or supplied except during permitted hours. In this condition, permitted hours means:
a) Monday to Sunday 0800 - midnight
The above restrictions do not prohibit:
a) During the first twenty minutes after the above hours, the taking of the alcohol from the premises, unless the alcohol is supplied or taken in an open vessel;
b) The ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
c) The sale of alcohol to a trader or club for the purposes of the trade or club;
d) The sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty's naval, military or air force;

2 Alcohol shall not be sold in an open container or be consumed in the licensed premises.

3 No supply of alcohol may be made under the premises licence -
a) At a time when there is no designated premises supervisor in respect of the premises licence,
b) At a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

4 Every supply of alcohol under the premise licence must be made or authorised by a person who holds a personal licence.

5 The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol. The policy must require individuals who appear to the responsible person to be under 18 year of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and a holographic mark.

Annex 2 - Conditions consistent with the Operating Schedule
1 The premises are covered by CCTV. The system records and the data is retained for at least 28 days. The data will be made available to the authorities on request.

2 Whenever the DPS is not at the premises, they will ensure that the premises will be managed by a suitably responsible person.

3 The Challenge 25 scheme will be adopted at the premises. Any person who appears to be under the age of 25 will be challenged for identification to prove that they are over the age of 18. The only identification that will be accepted are a photographic driving licence, passport or a government approved PASS card.

Background Papers



Members are requested to determine the review

Record of Hearing

In accordance with the Licensing Act 2003

Panel Members

Councillor Elmes, in the Chair Councillors M Mitchell and Ryan

Declarations of Interests

There were no declarations of interest on this occasion.

Panel Advisers

Miss V Cartmell, Solicitor
Mr L Beattie, Clerk to the meeting- Democratic Services
Applicant/Applicant's Representative(s) in attendance

Mr R Williams, Solicitor/ Applicant's Representative
Mr S McKinney, Weights and Measures

PC L Evans, Lancashire Constabulary
Mr G Shaw, Health and Safety
Mr J M Taylor, Electricity North West (Witness for Health and Safety)
Mr D Armer, Social Services
Other Parties

Mr L Charalambides, Licence Holder's Solicitor
Mrs G Sharratt, Licence Holder's Agent
Mr A Khan, Licence Holder and Designated Premises Supervisor
Mr A Bulgaru, Proposed Designated Premises Supervisor
Time permitted to speak

Having considered the written representations, it was agreed to allow a period of twenty minutes for all parties.
Time Hearing Commenced

10:40 AM
Time Hearing Terminated

3:30 PM

The Panel considered the evidence submitted by all parties, the Council's Statement of Licensing Policy and the Secretary of State's guidance.

The Panel noted carefully the Licence Holder's submission that the matter should be dealt with by the imposition of conditions and replacement of Mr Khan as Designated Premises Supervisor by Mr Bulgaru, in line with the approach outlined in the Council's Statement of Licensing Policy.

The Panel was reminded that the policy also outlined that the Licensing Authority retained the right to revoke the licence at the first review hearing where they felt such action was necessary to promote the licensing objectives.

The Panel considered that the conduct of the Licence Holder fell far below what might be expected of a responsible operator. They expressed concern that the Licence Holder's actions directly undermined the Licensing Objectives of Protecting Children from Harm, Public Safety and Prevention of Crime and Disorder.

The Panel was concerned that the licensing objective of Public Safety was significantly undermined by the activities of the Licence Holder or those under his control. The Panel was worried especially by the reconnection of the electricity supply, the continuing use of the premises without electricity and the potential use of a generator on the premises. The Panel felt that these behaviours showed a dangerous disregard for this licensing objectives and the serious risks to the safety of the public and staff.

The Panel also expressed particular concern regarding the undermining of the Licensing Objective of Protecting Children from Harm with two failed test purchases and the display of indecent materials.

The overall impression given was of a Premises Licence Holder who did not wish to uphold the Licensing Objectives.

The Panel agreed that given the conduct of the Licence Holder they felt that neither the imposition of conditions nor the change in designated premises supervisor would achieve any improvement in operation as the Licence Holder would still control the premises and he had shown that he would not comply with conditions and the Licensing Objectives.

The Panel therefore concluded that its only course of action that would endorse the promotion of the Licensing Objective was to revoke the Premises Licence.

That the premises licence for Bargain Booze, 190-192 Central Drive be revoked.