Information on Leicestershire

Leicestershire Councty Council Community Services

11 March 2009 Shop's alcohol licence revoked

Jaanvi News, High Street, Earl Shilton has had its licence to sell alcohol revoked following a review application by the Leicestershire Trading Standards Service.

Hinckley and Bosworth Borough Council’s Licensing Committee decided to revoke the licence following evidence relating to three separate illegal alcohol sales to children under the age of eighteen by the business.

The Committee heard that the conditions attached to the shop’s alcohol licence relating to staff training, the “Challenge 21” scheme and records of refused sales had not been adhered to. The Licensing Committee also heard that the licence holder had failed to keep assurances given to the Trading Standards Service, following their advice and guidance visits to the shop.  

The licence holder, Mr Vishal Patel, attended the hearing and has a right of appeal to the Magistrates’ Court against the decision.

It is an offence to sell alcohol to people under 18 years of age. Shops that sell alcohol to underage children run the risk of a criminal investigation, which could result in a £5,000 fine, a criminal record and having their licence to sell alcohol reviewed.

David Bull, Head of Leicestershire County Council Trading Standards said: “We work throughout the year to help businesses to comply with the law. Despite a significant amount of support being provided to Jannvi News, they still failed to implement adequate systems to prevent illegal alcohol sales. The Borough Council’s Licensing Committee took this matter seriously and sent out a strong message to those who may be tempted to sell alcohol to under 18s. We will continue to carry out test purchasing of alcohol and other age restricted products and take swift action where illegal sales are made. “

If you have any information relating to illegal alcohol sales to children please report it confidentially to Trading Standards via Consumer Direct on 08454 04 05 06.”

Businesses in the County who would like a free pack of practical precautions or advice they contact the Trading Standards Business Advice Line on 0116 3058000”.

http://www.leics.gov.uk/tradingstandards

Notes for Editors

It is an offence, contrary to the Section 146(1) of the Licensing Act 2003 to sell alcohol to a person under 18. The penalty for an illegal sale is a fine of up to £5,000. Both the person physically making the sale and business that owns the alcohol can be guilty of the offence. Three alcohol test purchase attempts have been made at Jaanvi News (28/9/07, 31/7/08 and 25/10/08) all of which resulted in illegal sales. Three cigarette test purchase attempts have also been made at the shop (25/5/08, 17/7/07 and 8/6/06), all of which were refused. Officers visited the shop on three separate occasions (January 2007, November 2007 and July 2008) and provided Mr Patel with guidance in respect to the sale of age restricted products. This included the importance of keeping a record of refused sales, implementing the Challenge 21 initiative and training employees. A Challenge 21 literature pack was also provided. Leicestershire Trading Standards, as a responsible authority, may ask a licence authority to review a licence because of a matter arising at the premises in connection with any of the four licensing objectives. The licensing objectives are: Prevention of crime and disorder Public safety Prevention of public nuisance Protection of children from harm Where a licensing authority, when hearing a review application, considers that action is necessary it may take any of the following steps: modify conditions of the licence exclude a licensable activity remove the designated premises supervisor suspend the licence for a period no exceeding 3 months revoke the licence The premises licence holder may appeal against the decision of the Licensing Authority to the Magistrates Court within 21 days. Alcohol test purchase statistics in Leicestershire over the last 5 years: Year Attempts Sales Failure rate 03/04 58 4 7% 04/05 51 9 18% 05/06 98 39 40% 06/07 198 78 41% 07/08 282 83 29% 08/09 159 30 19% Total 846 243 29%

Contacts:

Trading Standards

Graham Coe – Team Leader 0116 3056547

Karen Retallic – Senior Enforcement Officer 0116 3056548

Keith Regan – Unit Head 0116 3056533

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