Agenda, decisions and minutes

Licensing Act 2003 Sub-Committee - Monday 22nd April, 2013 1.30 pm

Venue: Council Chamber - Town Hall. View directions

Contact: Gemma George; Senior Governance Officer 

Items
No. Item

1.

Apologies for Absence

2.

Declarations of Interest

At this point Members must declare whether they have a disclosable pecuniary interest, or other interest, in any of the items on the agenda, unless it is already entered in the register of members’ interests or is a “pending notification “ that has been disclosed to the Solicitor to the Council.

Members must also declare if they are subject to their party group whip in relation to any items under consideration.

 

3.

Application for Premises Licence - 613 Lincoln Road, Peterborough, PE1 3HA pdf icon PDF 110 KB

Additional documents:

Decision:

 

 

AB

 

DECISION NOTICE - LICENSING ACT 2003 SUB-COMMITTEE

 

NEW PREMISES LICENCE HEARING - SUPER POLI, 613 LINCOLN ROAD, PETERBOROUGH, PE1 3HA

 

22 APRIL 2013

 

We have considered the representations made against the grant of the premises licence both in writing and here today, by:

 

·         Trading Standards;

·         The Licensing Authority;

·         The Police;

·         Children’s Services;

·         Public Health;

·         The Victoria Park Resident’s Association; and

·         The Millfield and New England Regeneration Partnership

 

These representations related to all four of the Licensing Objectives.

 

We have considered the representations and submissions made in favour of the application, made by:

 

  • The Applicant’s Representative.

 

We have dismissed the petition as a valid representation for the following reasons:

 

  • It clearly states ‘to keep the licence’ which was revoked on 28th February 2013 without appeal. This application is for a premises licence and therefore the keeping of the licence is not an issue;
  • Save as to one person, all names appear  to predate the application; and
  • The Petition adds little in support of any of the Licensing Objectives.

 

THE APPLICANT

 

Mrs Hatice Koc, is the wife of Huseyin, who is the brother of Hasan. Both Huseyin and Hasan have been involved in running the business in the past although not holding any licences.

 

Ibrahim Koc is the cousin of Huseyin. He may or may not have had some responsibility for the business, as the Sub-Committee is unsure as to his role.

 

The Applicant agrees that the family have run the business in the past but as from now on, should a licence be granted, she will be the sole owner.

 

The reasons the family connections are relevant are that given the history of the premises, the Sub-Committee need to establish who will be the controlling influence behind the business.

 

SOLICITOR’S LETTER

 

This letter is dated 25th March 2013 and states that the Applicant instructed Sal and Co. Solicitors on 8th March to act on her behalf in the purchase of the business located at the premises.

 

As of the date of the letter the sale had not completed.

 

In the letter of 25th March the Applicant’s solicitors’ states that the Applicant has already paid some £8,000 for the stock prior to 25th March. This she says is the last instalment of purchasing the business and property from the current owner.

 

We are told today that the sale has not yet completed. Other than the solicitors’ letter we have not had sight of any evidence to support the purchase.

 

CRIME, PUBLIC SAFETY AND THE PROTECTION OF CHIDLREN FROM HARM

 

TEST PURCHASES

 

In October 2009, Ms Ewa Walas sold alcohol to an underage person. Ms Walas was the Premises Licence Holder in January 2013 when the licence was revoked.

 

In December 2009 the premises failed a test purchase.

 

In February 2011 the premises failed a test purchase.

 

In December 2011 the premises once again failed a test purchase.

 

ILLICIT ALCOHOL AND TOBACCO

 

In December 2011, a quantity of illicit tobacco was seen to be stored  ...  view the full decision text for item 3.

Minutes:

 

1. Apologies for Absence

There were no apologies for absence received.

 

2. Declarations of Interest

There were no declarations of interest.

 

3. Application

New Premises Licence – Super Poli, 613 Lincoln Road, Peterborough, PE1 3HA

 

3.1

Application Reference

 

066813

3.2   

Sub-Committee Members

Councillor Thacker (Chairman)

Councillor Hiller

Councillor Saltmarsh

 

3.3   

Officers

Terri Martin, Regulatory Officer – Licensing

Colin Miles, Lawyer – Legal Advisor to the Sub-Committee

Gemma George, Senior Governance Officer – Clerk to the Sub-Committee

 

3.4   

Applicant

 

Mrs Hatice Koc

3.5   

Nature of Application

Application Type

 

Application for a new premises licence.

 

Authorisations and Times Applied For

 

  • Sale of Alcohol for Consumption off the Premises

 

      Monday to Sunday 08.00am to Midnight

 

  • Hours Premises are Open to the Public

 

Monday to Saturday 08.00am to Midnight

 

Summary of New Premises Application

 

The application had been submitted to the Licensing Authority and had been forwarded to the required Responsible Authorities by the Licensing Department in accordance with the regulations and Section 8.24 of Guidance.

 

Representations had been received from Trading Standards, Children’s Services, Public Health and the Licensing Authority in their capacity as Responsible Authorities.

 

Further representations from ‘Other Persons’ had been received as follows:

 

·         A Ward Councillor, also acting on behalf of the Victoria Park Resident’s Association; and

·         The Chairman of the Millfield and New England Regeneration Partnership (MANERP).

 

A petition in support of the application, containing 213 signatures, had also been delivered to the Licensing Department by Mr Huseyin. All bar one of the signatures pre-dated the date of the application and there were also a number of repeated addresses contained within. It was therefore for the Sub-Committee to determine what weight it attached to the petition. 

 

A summary of the issues raised within the representations included:

 

·         The history of the premises including illicit tobacco and alcohol sales, and underage sales;

·         Not satisfied that the new application was ‘distanced’ from the prior revoked licence;

·         Concerns about management of the ‘family run’ business, which led to the loss of the prior licence, with the same issues reoccurring;

·         The premises were situated within the ‘Op CAN-do’ area which had been evidenced and consulted on in relation to it being a Cumulative Impact Area. A consultation had taken place and the Licensing Committee had recommended to Full Council for its adoption as a Cumulative Impact Area on 17 April 2013;

·         The Operating Schedule conditions did not sufficiently address the issues of the historic problems and location;

·         There were concerns that the application had been made to circumvent the revocation and lost/late appeal;

·         The locality had issues of anti-social behaviour fuelled by alcohol;

·         There were historic problems with the management of the family run business and the objectives of the Licensing Act 2003 not being upheld;

·         The sale of ‘cut price alcohol would exacerbate existing issues; and

·         The application had been only submitted as the appeal was out of time, it was no more than cosmetic changes to circumvent the revoked licence and lost / out of time appeal.

 

On  ...  view the full minutes text for item 3.