Agenda and minutes

Licensing and Regulatory Sub-Committee (Hearing) - Monday, 2nd September, 2019 10.00 am

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

Contact: Carolyn Sinclair  Email: carolyn.sinclair@coventry.gov.uk

Items
No. Item

1.

Appointment of Chair

Minutes:

Councillor C Thomas was appointed Chair for the meeting.

2.

Apologies

Minutes:

There were no apologies.

3.

Declarations of Interest

Minutes:

There were no declarations of interest.

4.

Licensing Act 2003 - Application to Review a Premises Licence pdf icon PDF 36 KB

To consider an application to review the premises licence in respect of Bucharest, 490a Foleshill Road, CV6 5HP

 

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

  hearing.

  Persons who have made representations have 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 a Premises Licence in respect of Bucharest (also known as Bucuresti), 490a Foleshill Road, Coventry CV6 5HP.

 

The review had been called by Trading Standards on the basis that the licensing objective of Prevention of Crime and Disorder had been undermined by virtue of criminal activity on the premises.

 

The Sub-Committee’s statutory duty was to consider the application and any representations and to take such steps as contained in the Licensing Act 2003 as it considered appropriate for the promotion of the licensing objectives.

 

At the outset of the hearing, the Licensee confirmed that he had read and understood the papers. He had no further documents to produce and would not be calling any witnesses. He had brought his wife, Terri Hill, with him to act as his representative.

 

The Licensing Officer, Ms Glover, presented the report to the Sub Committee. The Review Applicant, Mr Harwood of Trading Standards, was then given the opportunity to present his case.

 

The Review Applicant began by explaining that the premises was known as “Bucharest” as well as “Bucuresti”, and there had been a name change between seizures of illicit cigarettes at the premises. The Review Applicant also explained that a Premises Licence transfer application was made and granted on 9th January 2019 in the name “Bucharest”. The transfer documentation was produced by an agent and dated 4th December 2018. A further name change from “Bucharest” to “Bucuresti” was made and granted on 22nd January 2019.

 

The Review Applicant explained that the review was being sought on the basis of criminal activity at the premises, namely the discovery of illicit cigarettes on three separate occasions over a seven-week period.

 

Officers attended the premises on 5th December 2018 with a sniffer dog to conduct an inspection. The Licensee was present at the premises and was behind the counter when officers arrived. At the rear of the shop, the sniffer dog indicated the presence of tobacco and an elaborate hiding place was discovered. The Sub Committee were invited to look at Appendix 1, and the Review Applicant explained that the door frame could be pulled out to reveal some shelving units.

 

The Review Applicant stated that it was clear from the marks on the skirting board that the frame had been pulled out a number of times. On this occasion, 276 packets of cigarettes were seized. These were a mixture of counterfeit and smuggled (non-duty paid) cigarettes. The Review Applicant estimated the illicit street value to be around £1,242.00. He explained that if they were genuine cigarettes they would be sold for approximately £2,760.00.

 

Following this inspection, Trading Standards decided to conduct a test purchase to establish whether illicit cigarettes were being sold from the premises. The test purchase took place on 16th January 2019, when an illegal packet of L&M cigarettes were successfully sold to an officer.

 

The Review Applicant explained that a further inspection took place  ...  view the full minutes text for item 4.

5.

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.