Agenda and minutes

Licensing and Regulatory Sub-Committee (Hearing) - Tuesday, 26th September, 2017 10.00 am

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

Contact: Usha Patel  Tel: 024 7683 3198

Items
No. Item

1.

Appointment of Chair

Minutes:

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

2.

Declarations of Interest

Minutes:

There were no declarations of interest.

3.

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

To consider an application to review a Premises Licence in respect of Qadz Local, 1A Heath Road, Coventry.

 

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

  the hearing.

  The Licensee and their representative have also been invited to attend.

 

The City Council’s Statement of Licensing Policy is available on the Council’s website. Alternatively, please contact us if you require a hard copy.

Additional documents:

Minutes:

The Sub-Committee considered an application to review the premises licence in respect of Qadz Local, 1A Heath Road, Coventry. The Review application was made by Trading Standards on the grounds that the licensing objectives of the prevention of crime and disorder and the protection of children from harm were not being adhered to.

 

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 Mohammed Naseer Qadiri as designated Premises Supervisor (DPS).

 

Mr Tandy (Trading Standards) then addressed the hearing and explained the reasoning for seeking the review. He set out a chronology of events as shown in the Committee papers and specifically highlighted the intelligence report leading to the underage test purchase of cigarettes on 21 June 2017.

 

Mr Tandy set out the numerous times the shop had been visited and the various discoveries of illegal cigarettes on the premises and elsewhere. This included a find of contraband cigarettes in the Respondent’s car on 9 December 2016.

 

As a result of the cigarettes found in the Respondent’s car, a warning letter was sent to him dated 8 March 2017 setting out the various offences which had been, or may be committed in the future. This included reference to the needs to adjust stock on the back of changes to the regulations relating to plain packaging post 21 May 2017.

 

The letter also indicated that any third party’s actions in respect of illegal cigarettes could impact upon his alcohol licence. It also stated that even if he was not present in the shop he must instruct all of his employees not to sell illegal tobacco products.

 

In spite of this letter the test purchase then took place on 21 June 2017 and as a consequence further illegal tobacco products were found within the shop.

 

On a further visit to the shop on 30 June 2017 an officer had encountered the Respondent in the shop while trying to obtain CCTV footage. The Respondent had a black plastic bag in his hand, which, when the officer enquired as to the contents and whether he could look inside, the Respondent took flight. When he returned to his shop he no longer had the bag in his possession. He stated to the officer that the bag contained condoms.

 

Mr Qadiri then gave his version of events stating that he always cooperated with Trading Standards officers.

 

He stated the black bag contained personal items and that he did not want the officer to see them. This is at odds with what he had told the officer at the time.

 

He stated that he had had domestic relationship difficulties and placed his trust in a younger friend, Adam Waite so that he could concentrate on his family. He said that he had placed his trust in Mr Waite but ultimately that had turned out to be misplaced.

 

When the illegal sale had taken place the Respondent had been at home painting  ...  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.