Call for stronger licensing enforcement for Sunderland shops selling alcohol

A Sunderland councillor has called for stronger enforcement around the design and layout of shops selling alcohol, following concerns about child safeguarding and antisocial behaviour.

City councillors this week agreed to the launch of a consultation on a draft ‘statement of licensing policy’, which sets out rules and guidelines around Sunderland City Council’s approach to licensing.

The document, which covers a five-year period, is kept under review to reflect national and local changes.

At the latest meeting of the local authority’s Licensing and Regulatory Committee, questions were raised about the council’s existing powers around the design and layout of shops.

Councillor Michael Hartnack, a former senior police officer in Sunderland, said shops should take responsibility for design and layout to help reduce crime, with consideration taken around the placement of tills and alcohol stock.

Failure to do so in some shops where alcohol is “piled high”, he said, can lead to thefts and booze getting into the hands of children.

“Overall it looks like a good document but there’s one bit that did cause me a little bit of stress around the design and layout of premises, ” Cllr Hartnack said.

“I think it’s something which we probably underestimate when we approve licenses, and I’m speaking in the context of being on the police side being charged with licensing, albeit nine or 10 years ago now.

“This particular section has got too many maybes and should, might and encourage and all that stuff, rather than firm direction.

“What we’re doing here is encouraging premises, especially off-licences which I think cause the problem, where we say a shop may think about putting the till at the door or putting alcohol stock furthest away from the door and not piling it.

“Of course, we should encourage them to do that but I think we should be actually in a position to enforce them to do it”.

The councillor was speaking at a meeting of Sunderland City Council’s Licensing and Regulatory Committee at City Hall.

Cllr Hartnack said that certain shop chains “pile [alcohol] high and sell it cheap” and that some shops “have kids coming in and nicking the stuff”.

He continued: “It’s causing disorder outside and actually facilitating the breaching of the licensing objectives.

“I don’t know whether legally we can do this, but if a firm says that’s the way we lay our shops out in the entirety of the country and we’re not going to do [what the council advises], I think we should be knocking their licence back, to be honest.

“Because it’s creating crime and disorder, it’s creating problems for residents in localities and I think we should be standing up to those premises that aren’t taking their responsibilities seriously and facilitating the breaching of licensing conditions.

“It’s something which is close to my heart and is still happening across the city”.

Council licensing officers, responding, said licensing law did not allow “blanket policies” for all premises around layout and that each premises was dealt with on a case-by-case basis.

However, council officers stressed there were powers available to hold premises to account if it was found that management was not upholding licensing objectives.

This includes objectives around the prevention of crime and disorder, public safety and the protection of children from harm, with powers available to review and to potentially revoke licenses.

Principal licensing officer Dawn Howley added: “The concerns in relation to the alcohol being stacked sky high, I think we have all come across premises like that.

“We can’t generally say no you can’t do that, however, if it’s impacting or having an adverse effect on the licensing objectives then it can be taken into consideration”.

The council’s draft statement of licensing policy for 2024-29 states applicants “should clearly set out the relevant steps which they propose to take to promote the licensing objectives in the operating schedule including matters of design and layout”.

It was noted that “it will be for the applicant to determine exactly what steps should be taken in every case” and that “what will be appropriate will depend on the size, characteristics and nature of the individual premises concerned”.

However, the statement did recommend that “displays of alcoholic drinks should not normally be located at the entrance/exit points of the premises; in aisles which interfere with customer flow or at or near check-outs”.

A council legal advisor to the committee also noted that powers around licence reviews followed a “staged approach” ranging from advice and removing supervisors, to the premises ultimately losing its alcohol licence.

Councillors heard that the use of licensing powers must be “evidence-based, not presuming what might happen based on what happens elsewhere”.