Agenda and minutes

Licensing and Regulatory Sub-Committee (Hearing) - Monday, 16th January, 2017 10.00 am

Venue: Dame Ellen Terry Suite - Council House. View directions

Contact: Carolyn Sinclair  Tel: 024 7683 3166

Items
No. Item

1.

Appointment of Chair

Minutes:

RESOLVED that Councillor Clifford be appointed as Chair for the meeting.

2.

Declarations of Interest

Minutes:

There were no disclosable pecuniary interests declared.

3.

Licensing Act 2003 - Application to Review a Premises Licence pdf icon PDF 35 KB

To consider an application for a review of Premises Licence for Easy Shop, 74b Walsgrave Road, Coventry, CV2 4EB.

 

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

  hearing.

  Persons who have made representations have been invited to attend.

Additional documents:

Minutes:

The Sub-Committee considered an application to review a premises licence in respect of Easy Shop, 74b Walsgrave Road, Coventry.

 

The review application sought to either revoke the premises licence, suspend the premises licence for a period of three months and/or terminate the role of Mr Hardi Hussain Amin as Designated Premises Supervisor (DPS).

 

The grounds for the review were that the Licensing Objective of Prevention of Crime and Disorder had not been promoted, and a condition of the licence had been breached. This followed a visit to the premises, during which illegal tobacco products were discovered and seized.

 

The Sub-Committee heard that the premises applied for a licence to sell alcohol off the premises in August 2016. The licence was granted on 1st September 2016 with the following condition attached to it:-

 

‘All alcohol and tobacco products must be purchased from legitimate traceable sources that provide receipts to confirm purchased items. Goods sold should not evade any duty or taxes and should be authentic goods, which comply with UK legislation. All receipts and records will be made available to officers at Coventry City Council for inspection when requested by that officer.’

 

The Sub-Committee heard that this condition was added to the licence with the agreement of the Licensee due to the previous history of the nominated DPS, namely Mr Amin, as well as the history of the Licensee.

 

The Review Applicant explained that following a complaint received that illicit cigarettes were being sold from the premises, a visit was made by Trading Standards on 5th October 2016. During this visit, a box was found in the rear store room amongst other stock, containing 94 packets of foreign labelled cigarettes and 9 packets of counterfeit cigarettes.

 

A man who appeared to be working in the shop walked out of the premises during the inspection, and another man advised officers that he was ‘Mr Sharif’, the owner of the premises. However, the Review Applicant confirmed that the Licensee in attendance at the hearing was not the male in the shop. The Licensee produced his driving licence to confirm his identity. The identity of the male working in the shop on the day of the inspection is therefore unknown.

 

The Review Applicant advised the Sub-Committee that on 19th October 2016, a letter was hand delivered to the premises inviting the Licensee to an interview under caution, which he failed to attend.

 

The Sub-Committee heard that in February 2015, Police witnessed a van unloading boxes into a Vauxhall Insignia car. They stopped the car to check the boxes and discovered thousands of illicit cigarettes. The details of the van were checked and the registered keeper was the Licensee.

 

In addition, the Sub-Committee heard that the DPS is known to Trading Standards for being involved in the sale and supply of illicit cigarettes. In November 2012, whilst he was DPS and licence holder at a different retail outlet, multiple seizures of illicit cigarettes took place at the premises culminating in the premises licence being suspended  ...  view the full minutes text for item 3.

4.

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 other items of business.