Agenda and minutes

Licensing and Regulatory Sub-Committee (Hearing) - Monday, 7th March, 2016 10.00 am

Venue: Committee Rooms 2 and 3 - Council House. View directions

Contact: Carolyn Sinclair  Tel: 024 7683 3166

Items
No. Item

5.

Appointment of Chair

Minutes:

RESOLVED that Councillor Galliers be elected as Chair of this meeting.

6.

Declarations of Interest

Minutes:

There were no declarations of interest.

7.

Licensing Act 2003 - Review of Premises Licence pdf icon PDF 135 KB

To consider an application for a review of the premises licence in respect of European Supermarket, 651 Foleshill Road, Coventry.

 

Note: The applicant and their representative have been invited to attend the

  hearing.

  Persons who have made representations have also been invited to

  attend.

Additional documents:

Minutes:

The Sub-Committee considered an application by Coventry Council Trading Standards for a review of the premises licence at European Supermarket, 651 Foleshill Road, Coventry. The review application sought to revoke or suspend the premises licence for a period of three months.

 

The grounds for the review were that the Licensing Objectives of Prevention of Crime and Disorder and Public Safety had not been promoted. This consideration was made following visits to the premises during which illegal tobacco products were found and seized.

 

The Sub-Committee heard submissions from the Review Applicant and the Police in support of the application. It also considered a written representation made by the Public Health department of Coventry City Council.

 

The Review Applicant explained to the Sub Committee that the premises had been subject to a number of targeted inspection visits by the Trading Standards Fraud and Financial Investigations team. During these visits, illegal tobacco products (products that are counterfeit and/or smuggled or duty free which do not display the health warning ‘Smoking Kills’ in English) had been found and seized.

 

Following these seizures, the Licensee had appeared before Nuneaton Magistrates Court on 19th August 2014, where he entered a guilty plea to charges relating to the sale and supply of illicit tobacco. He was fined £1500.

 

Following this prosecution, it was noted that a minor variation to the premises licence was sought by Trading Standards. This was signed by the Licensee on 5th November 2014, and stated that all alcoholic and tobacco products should be purchased from legitimate traceable sources that provide receipts to confirm purchased items.

 

Notwithstanding the variation to the premises licence, further complaints were made regarding the continuing sale of illicit cigarettes from the premises. Trading Standards had cause to visit the premises on a number of occasions throughout 2015, during which more illicit tobacco was seized from the premises. The Licensee was given verbal advice, as well as written warnings, that his premises licence could be reviewed if the sales did not stop.

 

The Review Applicant explained to the Sub Committee that the Licensee blatantly ignored the written warnings, and a further seizure of 182 packets of cigarettes was made in October 2015. The Licensee was interviewed under caution in November 2015 and admitted continuing to sell the illicit tobacco, in breach of his licence conditions.

 

The Licensee was made aware on 5th January 2016 that his Premises Licence was to be reviewed. Since this date, further seizures had been made of illicit cigarettes from the premises.

 

During the 28 day notice period as part of the review application procedure, the Police and the Public Health department had made representations in support of the Review Applicant. The Police noted that visits to the premises revealed that the CCTV was not working properly. The Police were also extremely concerned that the staff working at the premises had limited understanding of basic licensing law. Further, there were on-going concerns of children and young males around the premises, although no alcohol  ...  view the full minutes text for item 7.

8.

Any Other Business

To consider any other items of business which the Chair decides to take as a matter of urgency because of the special circumstances involved.

Minutes:

There were no additional items of business.