A man has been ordered to pay nearly £5,000 after selling alcohol to council enforcement officers at his restaurant without authorisation.
Following an investigation by Durham County Council and Durham Constabulary, it was discovered that, while The Townhouse in Durham did have a premises licence, it did not have a Designated Premises Supervisor (DPS), which meant it was not authorised to sell alcohol.
The DPS acts as a legally responsible person who oversees the licensable activities related to alcohol sales at a premises, and having one is a legal requirement under the Licensing Act 2003. If there is no DPS in place, alcohol cannot be sold. It is important that the DPS is an accountable, responsible person present when alcohol is being sold or supplied, to make sure that it is not being provided to persons who have had too much to drink, or those under the age of 18.
Peterlee Magistrates Court heard that the council and police had attended the building to offer advice on alcohol sales, and the business denied these were taking place.
The defendant, Aristo Aristodemou, of Bolster Grove, Crescent Rise in London, was also given information in writing, reminding him that the premises required a DPS if alcohol was being sold, along with the consequences if he did not have one.
Despite this, last year, advertising boards were seen outside the premises offering cocktails for sale. A test purchase was then carried out by two council enforcement officers.
They entered the business and asked if they could have a drink. The female on reception confirmed they could and showed them to a table in the bar area, before taking their order
After serving the drinks, the manager of the restaurant at the time was handed an offence letter and asked to attend an interview, which he failed to do.
Later in the year, enforcement officers spotted alcohol being served from the front window ledge of the premises, during the annual Durham Miners’ Gala.
Aristodemou offered the name of a man who he claimed was the current DPS, however, when asked get in touch with the person, he said he’d lost his contacts from his phone. It was then confirmed by police that a DPS application had not been received for The Townhouse.
Aristodemou was sent two offence letters and invited for an interview, but the local authority received no response.
In court, which he failed to attend, he was fined £3,330 and ordered to pay costs of £330 and a victim surcharge of £1,320, totalling £4,950.
Tracey Johnson, Durham County Council’s business compliance manager, said: “The defendant in this case was offered multiple opportunities to work with us and police and put in place a DPS, but failed to do so. Not only that, but he continued to sell alcohol throughout ongoing investigations.
“A DPS is a legal requirement, and we hope the hefty sum that the defendant has been ordered to pay demonstrates how seriously we take the sale of alcohol at businesses across the county. These laws are in place to protect the public, and we take our role in enforcing them very seriously.”
