considered the report from the Director for Place;

adjourned for one hour to allow the applicant a further opportunity to seek legal representation and, in the absence of this being achieved, reconvened having agreed that it was in the public interest to continue the hearing having regard to the licensing objective “protection of children from harm”

heard from a representative of Devon & Cornwall Police (the Police) and considered written representations that –

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The application for review of the premises licence was being made under the licensing objective of protection of children from harm

On Friday 14 September 2012 the Police conducted a test purchase operation aimed at off licence premises in Plymouth.  During this operation 16 premises in total were tested.  Two premises including the Corner Shop failed

The test purchaser was a 16 year old female (briefed to reveal true age if challenged) but she was not challenged and no identification was requested.  The offender was at the time the business partner of the premises licence holder.  This was a first test failure.

On the 7 February 2013 the Police received information that the premises were selling tobacco and alcohol to persons who were underage

On 13 February 2013 the Trading Standards Department of the Council in partnership with the Police carried out a test purchase operation aimed at off and on licence premises in the Plymouth area. The test purchaser was briefed that they could lie about their age but to produce ID if requested. 

One of the premises that failed was the Corner Shop where the premises licence holder and DPS sold alcohol to a 16 year old male test purchaser.  He did not request identification but did ask his age and date of birth, to this the test purchaser replied by giving a false date of birth which the premises licence holder considered meant that he had complied with the law and made the sale.  In the interview that the Police carried out on 13 February the premise licence holder stated that the policies the shop had in place were challenge 18 for tobacco and challenge 25 for alcohol

On 19 February 2013 the Police received further information that the Corner Shop was selling alcohol and tobacco to persons under the age of 18 years

Other underage people have heard that the shop are making underage sales and intelligence is that they are travelling from all other Plymouth to this shop

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Following this operation the premises licence holder received a letter from Plymouth City Council dated 20 February 2013 indicating his failure and advising him to obtain the necessary training and adopt the “no proof of age no sale” procedure

On Wednesday 6 March 2013 the premises licence holder attended a meeting at Charles Police Station and established that he had not provided or received any training in underage sales since taking the examination to obtain his personal licence.  

It was also established at that meeting that when the premises licence holder  ...  view the full minutes text for item 105.