Agenda and minutes

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 – Super Poli (also known as Mini Poli), 613 Lincoln Road, Peterborough, PE1 3HA

3.1

Application Reference

MAU 066319

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

Trading Standards

3.5   

Nature of Application

Application Type

Review of existing premises licence.

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 6 December 2012 and supplementary information from Trading Standards had been received on 19 December 2012.

A representation in support of the review and recommendations had been received from Cambridgeshire Constabulary and the Director of Public Health, NHS Peterborough, as Responsible Authorities. No other representations had been received from any of the remaining Responsible Authorities.

A summary of the issues raised within the representations included:

• Her Majesty’s Revenue and Customs (HMRC) had seized 57.4 litres of alleged non UK duty paid alcohol from the premises on 30/10/12;
• The premises had failed to provide documentation for the seized alcohol to prove UK duty had been paid;
• The UK Duty evaded was £579.42;
• Guidance issued under section 182 of the Licensing Act 2003 recommends revocation, even in the first instance, (Section 11.28)
• On 11 January 2012 HMRC Officers seized 0.8kg of tobacco and 880 cigarettes from a vehicle (outside the premises) registered to Mr Huseyin Koc.  The revenue due on the seized tobacco and cigarettes was £286.12; and
• Underage Sales.

Further representations from the Millfield and New England Regeneration Partnership (MANERP) and Peterborough City Council’s Neighbourhood CAN-do Team in their capacity as ‘Other Persons’ had been received. A summary of the issues raised included:

• The management of the premises not upholding the licensing objectives;
• Deliberately defrauding HMRC, resulting in unfair trading advantage providing cut priced alcohol in an area concentrated with licensed premises;
• Criminal gain; and
• Fully supportive of revocation of the premises licence.

3.6   

Licensing Objective(s) under which representations were made

3.7                          1. The Prevention of Crime and Disorder

3.8                          2. The Protection of Children from Harm

3.7

Parties/Representatives and witnesses present

Applicant / Responsible Authority

Mrs Karen Woods, who presented the case on behalf of Trading Standards.

Responsible Authorities

PC Grahame Robinson, who was present on behalf of Cambridgeshire Constabulary.

Mr Rod Grant, who was present on behalf of NHS Peterborough.

Other Persons

Ms Cate Harding, Neighbourhood Manager.

Mr Brian Gascoyne, Chairman of MANERP.

Licensee / Representative

Mrs Ewa Walas, the Licensee was in attendance. The Licensee did not have a representative.

3.8

Pre-hearing considerations and  ...  view the full minutes text for item 3.