Agenda and minutes

This meeting will be held remotely, Licensing and Regulatory Sub-Committee (Hearing) - Monday, 24th May, 2021 10.00 am

Venue: This meeting will be held remotely. The meeting can be viewed live by pasting this link into your browser: https://youtu.be/QQOnjdsloWM

Contact: Usha Patel  Tel: 024 7697 2301

Items
No. Item

1.

Appointment of Chair

Minutes:

RESOLVED that Councillor C Thomas be appointed Chair for the hearing.

 

2.

Apologies

Minutes:

There were no apologies for absence.

3.

Declarations of Interest

Minutes:

There were no declarations of interest.

4.

Licensing Act 2003 - New Premises Licence pdf icon PDF 130 KB

To consider an application for a new Premises Licence in respect of 7 Days Mini Market, 184 Longford Road, Coventry

 

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 for a New Premises Licence in respect of 7 Days Mini Market, 184 Longford Road, Coventry. The application requested the sale/supply of alcohol (off sales) Monday to Sunday 0900hrs to 2230hrs.

 

One objection had been received to the application by a Responsible Authority (Trading Standards) on the basis that the Licensing Objective of Prevention of Crime and Disorder was likely to be undermined.

 

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.

 

It was noted that the Applicant was not in attendance at the Hearing. Officers confirmedthat hehad notengaged atall withthe Hearingprocess buta linkto jointhe meeting was sent to him in any event.

 

In the circumstances, the Sub Committee invited the Objector to make his representations. The Objector stated that on 2March 2021 an inspection was made of the premises, during which over 200 packets of illicit cigarettes were found behind the serving counter and in various other locations. When asked who owned the business, a member of staff provided the details of the Applicant.

 

A subsequent covert test purchase was made on 29 March 2021, during which a packet of 20 Richmond cigarettes was purchased for £5. A check on the Tesco website determined that a pack of 20 Richmond cigarettes would normally cost in the region of £11.25. This in itself suggested that the cigarettes were counterfeit. The pack had been sent to the manufacturer for authenticity checks but Trading Standards were still awaiting a response.

 

The Objector stated that following this visit, a letter was sent to the Applicant asking for confirmation of ownership of the business and details of the server. The Objector received an email thereafter from a Mr Nalesinski, stating that he had owned the business from 10January 2021 to 9 March 2021. The Objector responded asking fora copyof thesub-letting agreementand foodregistration document,given thatfood was being sold from the premises.

 

On 14 May 2021, a single page handwritten agreement was received by Trading Standards dated 1January 2021, purporting that Mr Nalesinski had sublet the premises from January 2021. However, it was very basic and raised doubts about its authenticity.

 

The Objector noted that the application for the premises licence was made on 26March 2021 in the name of the Applicant, and the test purchase was conducted on 29March 2021. This means that illicit cigarettes have been sold from the premises since the licence application was submitted, and since the Applicant has had confirmed control of the premises.

 

In addition, the Objector stated that no food registration had been completed which is an offence for which he could be fined up to £5000. The Objector explained that registration is free and can be completed online.

 

The Objector concludedby statingthe Applicant  ...  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.