Brighton shop’s licence at risk over underage sales

By Sarah Booker-Lewis, Local Democracy Reporter

A Brighton shop could have its drinks licence revoked or suspended after it was caught selling alcohol to under-18s for a second time.

The Happy Shopper, also known as the Premier Express Bevendean Convenience Store, in Upper Bevendean Avenue, faces a licence review after test purchases in October 2019 and January this year.

Sussex Police applied to Brighton and Hove City Council for a review of the licence with the aim of keeping children from harm.

The review has been scheduled for next week and will be conducted by a council licensing panel, made up of three councillors.

Sussex Police called for the licence review after a 17-year-old police volunteer bought a bottle of Doom Bar without being asked for ID.

Police conducted the test purchase on Monday 30 January after receiving reports of alcohol being sold to someone who was vulnerable and under-age.

In a report to the council licensing panel, Acting Inspector Mark Redbourn spelt out a series of licensing rule breaches since the store was previously caught selling drink to a 16-year-old.

They led to five “breach notices” being issued to the premises licence holder Malarmathy Tharmaseelan, 33, who is also the designated premises supervisor (DPS).

The first test purchase was failed in October 2019 after the police were told that staff at the store were not asking young people for proof of their age.

During the test operation on Thursday 10 October 2019, a bottle of Old Mout Cider was sold to a 16-year-old police volunteer who was not asked for ID.

Police then entered the shop but found that the staff member could not speak English. When the premises licence holder Mrs Tharmaseelan arrived, she said that the worker was a family friend.

The worker initially gave a false name and date of birth to the police – and checks showed that he had applied for asylum and did not have permission to work.

He was given an on-the-spot fine which was paid by Mrs Tharmaseelan, 33.

During a police licensing visit in January 2020, staff sold eight pint-sized cans of Stell Artois to a man.

Acting Inspector Redbourn said that the customer was “very loud, using inappropriate language and smelt of alcohol”. Officers said that he seemed to be “slightly intoxicated”.

Mrs Tharmaseelan was advised, in writing, that staff should be trained not to sell alcohol to people who were drunk.

Acting Inspector Redbourn said: “Sussex Police have worked with this premises since 2019. We have offered advice and guidance with each visit, along with the ‘breach letters’.”

But with the store failing the latest test purchase after the series of breaches, police were concerned about one of the main objectives of licensing law – protecting children from harm.

Acting Inspector Redbourn said: “Further action should be considered.”

He recommended that the store’s drinks licence should be suspended for at least eight weeks and Mrs Tharmaseelan should no longer be the designated premises supervisor.

Acting Inspector Redbourn also suggested that anyone selling alcohol must be a personal licence holder, spirits be kept behind the counter and alcohol locked away or covered when no personal licence holder was on the premises.

The business passed a test purchase on Thursday 17 June 2021, the report said, but other breaches were highlighted from licensing checks that were carried out over the past two years.

These included Mrs Tharmaseelan’s inability to work the closed-circuit television (CCTV) system, which was found not to be showing the correct time, and a failure to keep records up to date.

The shop stocked some “super-strength” drinks such as Lambrini Perry, with 6.8 per cent ABV (alcohol by volume), in breach of a licence condition limiting comparable drinks to 6 per cent.

And a storage room was wedged open with alcohol visible, contrary to the licence.

Mrs Tharmaseelan was approached for comment.