Agenda and draft minutes

Please note this meeting may be filmed or recorded by the Council for live or subsequent broadcast via the Council’s internet site or by anyone attending the meeting using any communication method.  Members of the public participating in the meeting (e.g. making deputations, asking questions, making oral protests) should be aware that they are likely to be filmed, recorded or reported on.  By entering the ‘meeting room’, you are consenting to being filmed and to the possible use of those images and sound recordings.

The Chair of the meeting has the discretion to terminate or suspend filming or recording, if in his or her opinion continuation of the filming, recording or reporting would disrupt or prejudice the proceedings, infringe the rights of any individual, or may lead to the breach of a legal obligation by the Council.

The Chair referred to the filming of meetings and this information was noted.  

To receive any apologies for absence.

Apologies had been received from Councillor Kaushika Amin, Councillor Barbara Blake was substituting in her place.

The Chair will consider the admission of any late items of Urgent Business. (Late items will be considered under the agenda item where they appear. New items will be dealt with under item 8 below).

There was no urgent business.  

There were no declarations of interest.  

The Sub-Committee will first hear from the Licensing Officer.  After that, the applicant will present their application and the Sub-Committee and objectors will have the opportunity to ask questions. Then, the objectors will present their case and the Sub-Committee and objectors will have the opportunity to ask questions. 

All parties will then have the opportunity to sum up, and then the meeting will conclude to allow the Sub-Committee to deliberate and reach a decision. This decision will then be provided in writing within five working days of this meeting.

The Chair provided a summary of the procedure for the meeting.  

To consider an application for a variation of an existing premises licence.

This application was withdrawn from the agenda.

To consider an application for a review of a premises licence.

Presentation by the Licensing Officer

Ms Daliah Barret, Licensing Team Leader, informed the Sub-Committee that:

·      The application had been submitted by Trading Standards, on the basis of prevention of crime and disorder and the protection of children from harm.

·      The main matter involved a number of incidents or visits to the premises where Trading Standards had carried out inspections accompanied by the Metropolitan Police. Officers had discovered illicit tobacco on the majority of the visits.

·      Mr Ozer Duman was both the premises licence holder and the designated premises Supervisor (DPS).

·      The premises currently allowed the sale of alcohol from 08:00 to 23:00 each day for consumption off the premises.

Presentation by the review applicant

Mr Murthy Balakrishnan and Ms Felicia Ekemezuma, Trading Standards Officers, informed the Sub-Committee that:

·      Training Standards found it necessary to submit the review application because on four occasions, the premises was told not to stock or sell foreign cigarettes.

·      Foreign cigarettes had a health warning in a foreign language, so people buying the cigarettes could not read them.

·      The price of the cigarettes was lower than the ones which were duty paid.

·      On 3 January 2024 January, a test purchase was carried out on the premises as part of a London wide operation. An individual was able to purchase a 20 pack of cigarettes. This was followed up on 19 March 2024 when Trading Standards carried out an inspection, using a dog handler and a dog especially trained to sniff out illegal cigarettes.

·      The officers went to the premises, showed their powers of entry and the dog handler carried out his search at the counter. A lot of cigarettes were found at the premises.

·      The licence holder was asked if he had any illegal cigarettes to which he had said ‘no’. When some was found, the licence holder appeared to have a bag full and had advised that they were for his personal use.

·      The dog and the dog handler moved into the stockroom where they found some hidden in a microwave. Officers seized the cigarettes.

·      The total amount of illegal cigarettes found was 1,180 cigarettes and seven pouches of hand rolled tobacco.

·      The business had a history of non-compliance with local authority officers.

·      On 27 April 2022 the premises was subject to a proactive visit. A colleague had found that the premises stocked electronic cigarettes which had a bigger tank size than was lawful to be sold in the UK. On that occasion a friendly warning was given and premises staff was asked to remove them and was also advised him not to stock or sell or sell any non-duty paid or foreign cigarettes.

·      On another date, an officer visited the premises and found some illegal cigarettes hidden in an empty whiskey box. The licence holder was given a warning and a warning letter was sent.

·      A set of questions was sent to the licence holder to answer or to explain why he had the items in stock. It was an opportunity for the  ...  view the full minutes text for item 7.

To consider any items of urgent business as identified at item 3.

There were no new items of urgent business.