Agenda and minutes

Apologies were received from WSCC Public Health.

The procedure the Licensing Panelwillfollowin considering the application is set outin the Licensing Act2003,its attendantRegulations and was agreed by the Licensing Committee on 2nd February2005.  The Licensing Panel,in accordance with rule 14 of the Licensing Act2003 (Hearings)Regulations 2005 decide to exclude the public fromallorpartof the hearing where the Licensing Panelconsiders thatitis in the public interestto do so.

None.

The minutes of the meetings held on 19 December 2022, 10 February and 3 March 2023 were agreed as a correct record and were signed by the Chairman.

Introduction and outline of the report

Jon Bryant, Senior Licensing Officer introduced the report to determine an application

submitted by West Sussex Trading Standards to review a Premises Licence at Arya Food and Wind, Burgess Hill; the review related to the Prevention of Crime and Disorder and the Protection of Children from Harm.

The application to review the licence, pursuant to Section 51 Licensing Act follows the sale of alcohol to a child during a test purchase conducted by West Sussex Trading Standards on 8 February 2023. Submissions from Responsible Authorities, in support of the review had also been received from Sussex Police and WSCC Public Health.

The Panel were asked to determine the application on the evidence presented at the hearing having regard to the Licensing Act 2003, MSDC Licensing Policy and the Home Office Guidance issued under Section 182 Licensing Act 2003.

The Senior Licensing Officer advised Arya Food and Wine have been licenced for the sale of alcohol for consumption off the premises since April 2010 and the Premises Licence was transferred to Mr Chaudhari on 8 June 2015.  The Officer noted  the hours for the licensable activities and the extra conditions attached to the license which  were in addition to the mandatory conditions, these included CCTV, Proof of Age and staff training. The review was requested as during a test purchase on 8 February 2023 organised by Trading Standards a child was sold alcohol. Intelligence had been received advising of underage sales at the store, and Trading Standards visited in September 2022 and gave advice on the sale of age restricted products and staff training. Mr Chaudhari was given a copy of the advice. Trading Standards contend there is a failure of the store management to promote the licensing objectives, in particular protecting children from harm, a review of the premises licence would limit further criminal activity by the licence holder and act as a deterrent to this illegal conduct.  They requested a suspension of the premises licence for three months.

The Officer advised the application to review the licence had been correctly advertised.  He noted the representation from Sussex Police supported the review and they invited the Panel to modernise the conditions in Appendix 2; Appendix 6 listed the proposed  revised schedule of conditions.  WSCC Public Health also supported the review on the grounds of the Prevention of Crime and Disorder and the Protection of Children from Harm and highlighting the harm caused by alcohol to children and young people, noting the high rates of alcohol harm to young people in Mid Sussex. They expressed concern that staff at Arya Food and Wine   were not adhering to the Challenge 25 policy put in place by the management.

The Officer advised Mr Chaudhari had emailed the Licensing Team on 2 June, confirming his attendance at the Panel and that he had all the documents. He advised he knew a minor had been served, he took responsibility, they serve around 100 people a day, many minors come  ...  view the full minutes text for item LS.4