(a)

considered the report from the Director of Place;

(b)

heard from a representative of Devon and Cornwall Police that protection of children from harm objective was not being upheld as detailed below –

·          

despite the failure of two Test Purchase Operations in February and April 2013 and the subsequent suspension of the premises licence under Section 169A of the Licensing Act 2003 in July 2013 the DPS had failed to effectively supervise and implement an under-age sales policy at the premises.

·          

the test purchase operations referred to are as detailed below:-

·          

15 February 2013, 21:30hrs – two vodka and cokes were sold to a 16 year old test purchaser by a male bar person, he admitted the sale stating he had made a mistake.

The bar person was issued a PND on 20 February 2013 which has been paid;

·          

26 April 2013, 21:35hrs – three vodka and cokes were sold to a 16 year old test purchaser buy a female bar person, she admitted the sale. The bar person was issued a PND on 20/02/13 which has been paid;

·          

6 June 2013, 16:05-10:20hrs at Charles Cross Police Station the Designated Premises Supervisor for Bacaro was interviewed by a police constable and an officer from Plymouth City Council Trading Standards Department. The DPS accepted the two sales and did not challenge any of the evidence presented.  The DPS admitted getting a copy of a letter from the Trading Standards Officer in between the two sales and as a result of this she arranged further training with all staff through an independent training company.  This training was delivered on 21 July 2013.  She stated all new staff would now get an induction package which they will have to pass and sign for on receipt.  Both sellers of the alcohol to children on 15 February 2013 and 26 April 2013 have been given written final warnings by the DPS.  A new refusals register operating from the till is now in operation;

·          

these breaches of license were dealt with under section 169A (2) of the Licensing Act 2003 by Superintendents closure notice between 06:00hrs on 12 July 2013 to 06:00hrs on 14 July 2013;

·          

26 September 2013, 21:07-21:10hrs – three Bottles of lager were sold to a 16 year old test purchaser by a male bar person, he admitted the sale. The bar person was issued with a PND;

·          

3 October 2013– at Charles Cross Police Station the Designated Premises Supervisor for Bacaro was spoken to by two Police licensing officers concerning the failure of a Test Purchase Operation.  She was informed that the case would be sent to the Plymouth City Licensing Authority for Review of her Licence for Bacaro. She was also asked about what measures she had put in place after the Superintendents Closure notice on 12 to 14 July 2013;

·          

the Police representative proposed to the Committee that the following conditions were added to the premises licence -

·          

under the Protection of Children from Harm  ...  view the full minutes text for item 32.