Licensee successfully fights underage sales case

A South Wales licensee has successfully challenged two charges against her after one of her staff was caught out in an underage test purchase sting.

Diana Simmonds, licensee of the Butchers Arms, in Mountain Ash, South Wales, was found not guilty at Aberdare Magistrates of a sale of alcohol to a minor and the unauthorised sale or supply of alcohol by a person under 18.

But Ms Simmonds' 16 year-old daughter, who served the two underage test purchasers, was issued with a fixed- penalty fine of £80 which has not been contested.

Ms Simmonds challenged the ruling on the basis that the test purchasers appeared at least 18 and she had taken "due diligence" not to serve to minors.

Ms Simmonds was not at the pub at the time of the incident, but had CCTV footage showing the sale by her daughter was authorised by a "responsible" person.

She said: "We are thrilled to bits at the result, it is a huge relief. My whole livelihood could have been under threat. I think we are one of first people to fight back."

Ms Simmonds questioned why the test purchasers had not appeared in court. However, a spokeswoman for Rhondda Cynon Taf Council, said they were not asked to court because the time lapse between an offence and a case coming to court meant their appearance could change.

Paul Mee, the council's head of environmental health and trading standards, said: "The licensee of the Butchers Arms was taken to court on July 24 after a routine test purchase was carried out resulting in the sale of alcohol to a minor.

"It was felt by the court after hearing all the evidence that the licensee had exercised due diligence and was therefore found not guilty."