Agenda, decisions and minutes

Licensing Act 2003 Sub-Committee - Monday 18th November, 2013 10.00 am

Venue: Council Chamber - Town Hall

Contact: Gemma George; 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 Review of Premises Licence

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 The Committee agreed that the review into this licence would be withdrawn.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

Sub-Committee Chairman

Mini Poli - Ashwood House, Unit A, Enterprise Way, Bretton Way, Peterborough, PE3 8YG PDF 103 KB

Additional documents:

Decision:

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

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 – Mini Poli: Ashwood House, Unit A, Enterprise Way, Bretton Way Peterborough PE3 8YG 44 – 46 Ivatt Way, 44-46 Ivatt Way, Peterborough, PE3 7PN
3.1	Application Reference	1. MAU 068075 – Ashwood House 2. MAU 068076 – 44 – 46 Ivatt Way
3.2	Sub-Committee Members	Councillor Thacker (Chairman) Councillor Peach Councillor Davidson
3.3	Officers	Adrian Day, Licensing Manager Colin Miles, Lawyer – Legal Advisor to the Sub-Committee Karen S Dunleavy, Governance Officer – Clerk to the Sub-Committee
3.4	Applicant	Trading Standards
3.5	Nature of Application	Application Type Review of existing Premises Licences. 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 the Licence would be withdrawn. 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 23 September 2013, which had included a summary of the witness statement from Her Majesty’s Custom and Excise (HMRC). A representative from HMRC was also present in order to answer questions that the Licence Holder’s representative or Sub-Committee had. A representation in support of the review and recommendations had been received from Cambridgeshire Constabulary. A summary of the issues raised within the representations included: 1. Her Majesty’s Revenue and Customs (HMRC) had seized alleged non UK duty paid alcohol from the premises on 4^th July 2013; 2. The premises had failed to provide documentation for the seized products to prove UK duty had been paid; and 3. Guidance issued under section 182 of the Licensing Act 2003 recommended revocation, even in the first instance.
3.6	Licensing Objective(s) under which representations were made	3.7 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. Trading standards was also accompanied by Jeannette Kett of HM Revenue & Customs (HMRC). Responsible Authorities PC Grahame Robinson, who was present on behalf of Cambridgeshire Constabulary. Licensee / Representative Mr David Dadds, the Licence Holder’s Barrister.
3.8	Written representations and supplementary material taken into consideration	Applicant / Responsible Authority – Trading Standards Consideration was given to the application and HMRC witness statement submitted by Trading Standards and Cambridgeshire Constabulary and attached to the Sub-Committee report.
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	Request for Private Hearing from the Licensee’s Representative The Licensee’s Representative addressed the ... view the full minutes text for item 3b