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Wirral Council takes action against off licence to tackle alcohol-related anti-social behaviour (8 February 2016)

Date: 08/02/2016
Duncan Lewis, Crime Solicitors, Wirral Council takes action against off licence to tackle alcohol-related anti-social behaviour

Wirral Council has taken action against a Birkenhead off licence to address issues around problem drinkers and anti-social behaviour in the area.

The off licence has agreed to a series of revisions to the conditions of its Premises Licence, following a committee hearing in January.

A representative acting on behalf of Kelly’s Discount Booze on Argyle Street in Birkenhead said the licence holder was prepared to work with the responsible authorities on making improvements to the way the business operates, in an effort to reduce problem drinkers and anti-social behaviour.

The Licensing Act 2003 Sub Committee heard representations from a Merseyside Police officer, a local alcohol charity, Public Health and a range of council regulatory departments – including Licensing, Environmental Health and Trading Standards, who all called for changes to Kelly’s Discount Booze’s existing Premises Licence.

The committee agreed the following conditions, which the representative of Kelly’s said the Licence Holder was prepared to accept, including that all staff involved in the sale of alcohol at the premises – including the Designated Premises Supervisor – must hold a minimum of a level 1 award in Responsible Alcohol Retailing (or equivalent).

All staff including the Designated Premises Supervisor must also receive refresher training at least every six months in respect of Responsible Alcohol Retailing. The training must include the prevention of the sale of alcohol to persons under 18, Challenge 21 policy, the sale of alcohol to persons who are drunk – and the social responsibility of persons involved in the sale of alcohol.

A written record of this training must be made and kept on the premises – and the written record of training must be available for inspection by an Authorised Officer on request.

A council spokesperson said:

“Problem drinking can have a negative impact across the whole community – it can give rise to anti-social behaviour, affect the reputation and image of an area and, of course, can lead to serious health issues for the drinkers themselves.

“Particularly around this part of Birkenhead, there is a multi-agency strategy well underway, that is committed to addressing problem drinking in the short and longer term.

“It involves Merseyside Police, local alcohol charities, Public Health and a range of council regulatory departments, including Licensing, Environmental Health and Trading Standards.
“A Designated Public Places Order (DPPO) has been in place in this area since June 2014, which makes it an offence for a person to continue drinking alcohol once a Police Officer has requested them to stop.

“In addition, partners have been working together on a ‘Reducing The Strength’ voluntary campaign to promote the restriction in availability of super-strength cheap alcohol, which many off-licences in the area have signed up to.

“We completely refute any suggestion that their unwillingness to sign up to the Reducing The Strength campaign in any way contributed to the action taken against Kelly’s and that they have been unfairly targeted.

“This action was taken because the premises had demonstrated that it wasn’t able to operate in a responsible manner and as such had undermined two licensing objectives – prevention of crime and disorder and prevention of public nuisance.

“In investigating concerns over Kelly’s, officers found that employees were clearly and knowingly serving people who were already drunk and who have problems with alcohol-dependency. The knock-on effect was an increase in anti-social behaviour caused by people who were clearly drunk.

“The actions of Kelly’s in serving problem drinkers had also placed extra pressure on Merseyside Police and was undermining the fantastic work being done by Wirral Churches’ Ark Project to support alcohol-dependent people.

“As a result of the Licensing Committee hearing, there is now a clear understanding of the measures this business has to take in order to uphold the licensing objectives – and we are encouraged by the commitment the proprietor has given to working with the responsible authorities to do this.”

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