Malarmathy Tharmaseelan REDACTED |
Date: Our Ref: Phone: Email: |
2019/22819/LICCON/EH 01273 292494 |
Dear Sirs
Licensing Act 2003 - BREACH OF CONDITIONS
Happy Shopper, 6-8 Upper Bevendean Avenue, Brighton BN2 4FF
Premises Licence Number: 1445/3/2016/01244/LAPREN
I am writing to you in your capacity as the Premises Licence Holder (PLH) and Designated Premises Supervisor (DPS) for the above premises concerning breaches of your premises licence conditions.
On 10 October 2019 an underage test purchasing operation was carried out where your premises sold alcohol to a minor. At the time I also carried out a full Licensing Inspection. Below are my findings and details of breaches of your premises licence:
Part A of your premises licence was not available, and only one page of Part B was on display.
Section 57- Duty to keep and produce licence of the Licensing Act 2003 states:
(2) The holder of the premises licence must secure that the licence or a certified copy of it and a list of any relevant mandatory conditions applicable to the licence are kept at the premises in the custody or under the control of—
(a) the holder of the licence, or
(b) a person who works at the premises and whom the holder of the licence has nominated in writing for the purposes of this subsection
Annex 2 – Conditions consistent with the Operating Schedule
The Prevention of Crime and Disorder:
all lighting levels inside the premises at all times.
You did not know how to operate the system. You informed us that you would need to get in touch with the company who installed to show you how to operate.
CCTV time was 6 minutes behind.
You did not know how to operate the system. You informed us that you would need to get in touch with the company who installed to show you how to operate.
There was no Incident Log.
You had on sale Lambrini Perry 6.8% 75cl and 1.5L bottles. You were advised to remove. You advised that you would take them to your other premises:
The door of the storage room was wedged open with boxes of alcohol were on display.
For the Protection of Children from Harm:
· The lawful selling of age restricted products;
· Refusing the sale of alcohol to a person who is drunk.
14. Further verbal reinforcement/refresher training covering the above will be carried out thereafter at intervals not to exceed eight weeks, with the date and time of the verbal reinforcement/refresher training documented.
No training records were documented or available. The member of staff who sold the alcohol had received no training, and you informed us that he had only been working at the premises for approximately half an hour. You were also unable to tell us his name, and advised that we could call him ‘Dennis’.
Premises only had a couple of self-edged Challenge 25 signage.
No Refusals Register was used. You had an electronic system on the till, but you did not know how to use or show any refusals.
I remind you that non-compliance with conditions constitutes a breach of the Premises Licence issued under the above legislation. Please ensure that all conditions on the licence are adhered to. It is an offence under the Licensing Act 2003, S136(1) and (4) to carry on unauthorised licensable activities. The legislations states that:-
(1) A Person commits an offence if –
he carries on or attempts to carry on a licensable activity on or from any premises otherwise than under and in accordance with an authorisation, or
he knowingly allows a licensable activity to be carried on.
(4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or to an unlimited fine, or to both.
Irrespective of the permission's and restrictions attached to any premises licence, all licensed premises are required to operate with regard to the 4 licensing objectives, which are;
o The Prevention of Crime and Disorder
o Public Safety
o Prevention of Public Nuisance
o Protection of Children from Harm
Please be aware that any enforcement action is taken in line with our Licensing Enforcement Policy which includes, issuing of formal warnings, followed by potential prosecution. You are also reminded that at any stage, following the grant of a premises licence, a responsible authority, such as the Police, Environmental Health, or an interested party such as a resident living in the vicinity of the premises, may ask the Licensing Authority to review the licence because of a matter arising at the premises in connection with any of the four licensing objectives.
Please contact me if you wish to discuss the contents of this letter.
Yours faithfully
REDACTED
Donna Lynsdale
Licensing Officer
Licensing Team
c.c. Manager, Happy Shopper, 6 - 8 Upper Bevendean Avenue, Brighton BN2 4FF
c.c. Brighton Police Licensing Office (via email)