Decision details

DECISION NOTICE - LICENSING ACT 2003 SUB-COMMITTEE

SUMMARY REVIEW OF THE PREMISES LICENCE – 653 LINCOLN ROAD, PETERBOROUGH

11 DECEMBER 2014

This Decision Notice refers to the summary review of the premises licence 653 Lincoln Road, Peterborough.

The review was applied for by Trading Standards, following convictions on 15 October 2014 for a number of offices relating to the sale of smuggled tobacco products, under the prevention of crime and disorder objective.

Trading Standards recommended the revocation of the licence or, failing revocation, additional conditions. Cambridgeshire Constabulary and Public Health, as Responsible Authorities, supported the review. Trading Standards, Cambridgeshire Constabulary and the Licence Holder made submissions to the Sub-Committee.

The Sub-Committee considered:

·         The Government Guidance and the Council’s own statement of Licensing Policy which reflected the Government Guidance;

·         Representations in writing and those made to the Sub-Committee at the hearing from all parties;

·         The letter from the licence holder dated October;

·         The newspaper reports kindly submitted by the licence holder’s representative; and

·         The proposed conditions as an alternative to revocation.

The licence holder’s representative informed the Sub-Committee that Mr Jaferi was out of the country from 11 March so was not able to monitor what was happening in the shop during his absence, and that it was the responsibility of the designated premises supervisor. However, Mr Jaferi was in the country on the 5 March.

The tobacco products were being sold by a member of staff without his knowledge.

The Sub-Committee disregarded the previous issues of the out of date food prosecution and failed test purchase, given the time that had elapsed.

The options available to the Sub-Committee were:

(a)   to modify the conditions of the premises licence;

(b)    to exclude a licensable activity from the scope of the licence;

(c)    to remove the designated premises supervisor from the licence;

(d)    to suspend the licence for a period not exceeding three months, or

(e)    to revoke the licence.

It was the Sub-Committee’s decision to exclude from the licence, the licensable activity of the retail sale of alcohol as the Sub-Committee did not believe that any conditions would prevent further sales of such products.

Any party in objection to the decision may appeal to the Peterborough Magistrates Court within 21 days of receiving this formal notice at:

Peterborough Court House, Bridge Street, Peterborough, PE1 1ED. Tel No. 0845 3100575.

Councillor Thacker MBE

Committee Chairman