Venue: Council Chamber - Town Hall
Contact: Gemma George; Senior Governance Officer
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Apologies for Absence |
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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.
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Application for Review of Premises Licence |
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Mini Poli - 44 - 46 Ivatt Way, Peterborough, PE3 7PN PDF 102 KB Additional documents:
Decision: REVIEW OF PREMISES LICENCE– MINI POLI – 44 – 46 IVATT WAY, PETERBOROUGH, PE3 7PN
18 NOVEMBER 2013
The Committee was informed that the premises licence holder for Mini Poli situated at 44-46 Ivatt Way, had surrendered the premises licence. The Committee agreed that the review into this licence would be withdrawn.
Sub-Committee Chairman
Minutes: REVIEW OF PREMISES LICENCE– MINI POLI – 44 – 46 IVATT WAY, PETERBOROUGH, PE3 7PN
18 NOVEMBER 2013
The Committee was informed that the premises licence holder for Mini Poli situated at 44-46 Ivatt Way, had surrendered the premises licence. The Committee agreed that the review into this licence would be withdrawn.
Sub-Committee Chairman
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Mini Poli - Ashwood House, Unit A, Enterprise Way, Bretton Way, Peterborough, PE3 8YG PDF 103 KB Additional documents:
Decision:
AB
DECISION NOTICE - LICENSING ACT 2003 SUB-COMMITTEE
REVIEW OF THE PREMISES LICENCE – MINI POLI - ASHWOOD HOUSE, UNIT A, ENTERPRISE WAY, BRETTON WAY, PETERBOROUGH, PE3 8YG
18 NOVEMBER 2013
This Decision Notice refers to the review of the premises licence for Mini Poli, Ashwood House, Unit A Enterprise way, Bretton, Peterborough, PE3 8YQ.
We have considered the representations made to us today and in writing in support of the review by:
· Trading Standards, the Applicant for the review; · The Police, Responsible Authority; and · Her Majesty’s Customs and Revenue (HMRC).
The review relates to the promotion of the licensing objective ‘the prevention of crime and disorder’.
The facts are that 51,506.46 litres of beer and cider, and 9.5 litres of spirits were seized from three premises by HMRC on 4 July 2013, following a number of visits to Mini Poli 44-46 Ivatt Way, Peterborough.
HMRC stated that £66,167.48 of revenue had not been paid on the seized goods.
A number of invoices and other associated documents were also seized.
The three premises were:
· Mini Poli at Ivatt Way; · Mini Poli at Enterprise Way; and · A warehouse used to store goods for Mini Poli Ltd.
HMRC stated that no formal request for the return of the seized goods had been received within the requisite 28 day period and therefore the goods have been destroyed.
It appears that there was no record of batch numbers or of provenance held by HMRC.
A letter dated 8 August 2013 received by HMRC on 7 August 2013 from ARWC Consulting Ltd acting for the premises licence holder contained a request that the goods be returned. In a reply dated 7 August 2013 HMRC enquired if there was to be official challenge to the seizure of goods and if so, a Condemnation Hearing before the Magistrates’ Court would take place. There had been no reply to this letter.
To date, no invoices or proof of revenue paid had been supplied to HMRC by the licence holder nor have any documents seized, shown that revenue had been paid.
HMRC visited Mini Poli in Ivatt Way on 12 June, 18 June and 3 July 2013. On these occasions those present from Mini Poli were afforded the opportunity to supply evidence of revenue paid on a number of alcohol purchases.
On 4 July 2013, HMRC seized the goods from all three premises and paper records.
The paper records had not shown that revenue had been paid. We were directed to section 118 of the Customs and Excise Management Act 1979, which places a duty on revenue traders to keep records and furnish records and information.
We accept that this duty applied to the premises licence holder.
The representative for the licence holder stated that:
· The goods seized were for wholesale which was an unlicensed activity; · The company had been unable to confirm purchases were made legitimately as HMRC retained the invoices and paperwork, and that some deliveries were made without delivery notes; · The Company via a consultancy firm ... view the full decision text for item 3b Minutes:
Meeting of the Licensing Act 2003 Sub-Committee held at the Town Hall, Peterborough on Monday, 18 November 2013
RECORD OF PROCEEDINGS
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