Agenda, decisions and minutes

Licensing Act 2003 Sub-Committee - Wednesday 30th July, 2014 1.30 pm

Venue: Council Chamber - Town Hall

Contact: Philippa Turvey; Senior Governance Officer

Items

No.

Item

Apologies for Absence

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.

Application for the Review of Premise Licence Best Deli, 381 Lincoln Road PDF 100 KB

Additional documents:

Decision:

DECISION NOTICE - LICENSING ACT 2003 SUB-COMMITTEE

REVIEW OF THE PREMISES LICENCE – BEST DELI, 381 LINCOLN ROAD

30 JULY 2014

This Decision Notice refers to the review of the premises licence Best Deli, 381 Lincoln Road.

We have considered the representations concerning the Licensing Objective of:

The Prevention of Crime and Disorder

In our deliberations we considered the various options available, these being:

To modify the conditions of the premises licence;
To exclude a licensable activity from the scope of the licence;
To remove the designated premises supervisor from the licence;
To suspend the licence for a period not exceeding three months, or; and
To revoke the licence.

We therefore revoke the licence for the premises, known as Best Deli, 381 Lincoln Road.

The reasons for the Committees decision include:

It is clear on the information supplied to us today that illegal cigarettes were sold on these premises. This has a detrimental impact on the community and is harmful to customers.

We believe that the additional conditions proposed by Trading Standards are unworkable and insufficient to prevent crime and disorder.

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. There is a fee to pay.

Councillor Thacker M.B.E.

Sub-Committee Chairman

Minutes:

Meeting of the Licensing Act 2003 Sub-Committee

held at the Town Hall, Peterborough on Monday, 30 July 2014

RECORD OF PROCEEDINGS

1. Apologies for Absence		There were no apologies for absence received.
2. Declarations of Interest		There were no declarations of interest.
3. Application		Review of Premises Licence – Best Deli, 381 Lincoln Road
3.1	Application Reference	069586
3.2	Sub-Committee Members	Councillor Thacker (Chairman) Councillor Hiller Councillor Davidson
3.3	Officers	Darren Dolby, Regulatory Officer – Licensing Philippa Turvey, Senior Governance Officer – Clerk to the Sub-Committee
3.4	Applicant	Trading Standards
3.5	Nature of Application	Application Type Review of existing Premises Licences. Summary of Review Application In accordance with section 51 of the Licensing Act 2003, following the submission of an application to review the premises licence from Trading Standards, a Responsible Authority, the Licensing Authority was required to hold a hearing. The application to review, served by Trading Standards, was received on 11 June 2014. A representation in support of the review had been received from Cambridgeshire Constabulary. A summary of the issues raised within the representations included a seizure by Trading Standards to clamp down on the illicit tobacco and alcohol trade.
3.6	Licensing Objective(s) under which representations were made	3.7 3.8 1. Prevention of Crime and Disorder
3.7	Parties/Representatives and witnesses present	Applicant / Responsible Authority Karen Woods, who presented the case on behalf of Trading Standards. Responsible Authorities PCSO Nic Petruzziello and Sergeant Hayley Richardson, who were present on behalf of Cambridgeshire Constabulary. Licensee / Representative Mr Mansor Azher, the Licence Holder. The Licensee did not have a representative.
3.8	Written representations and supplementary material taken into consideration	Applicant / Responsible Authority – Trading Standards Consideration was given to the application submitted by Trading Standards. Responsible Authority – Cambridgeshire Constabulary Consideration was given to the written submissions attached to the Sub-Committee report from Cambridgeshire Constabulary.
3.9	Facts/Issues in dispute	Issue 1 Whether the review application would further support the ‘Prevention of Crime and Disorder’ Licensing Objective.
3.10	Oral representations	The Regulatory Officer addressed the Sub-Committee and outlined the main points with regards to the application. Applicant / Responsible Authority Karen Woods addressed the Sub-Committee. The key points raised during her address, and following questions from the Sub-Committee were are follows: An investigation regarding illicit sales of tobacco and alcohol at the premise in question had resulted in a formal caution. On 1 October 2013 an officer in plain clothes was offered foreign labelled brand cigarettes, which could be ‘brought to them’. On 5 November 2013 one female and one male sold a packet of foreign label cigarettes, which were stored in a box behind a shelf of biscuits and sweets. On 15 November 2013 ten packets of cigarettes were seized after being found hidden on the premises. The Licensee claimed that the cigarettes belonged to a female employee and that they were being stored at the premises as she did not have room for them in her flat. He stated that he had no knowledge of ... view the full minutes text for item 3.