Agenda and 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.

There were no apologies for absence. 

It was noted that, it being a special meeting of the Sub-Committee, under Part Four, Section B, Paragraph 17 of the Council’s Constitution, no other business would be considered at the meeting.

There were no declarations of interest.

The Chair will explain the procedure that the Committee will follow for the hearing considered under the Licensing Act 2003.

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

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

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

·         This was an application for review of a premises licence.

·         The application had been submitted by Trading Standards and mainly related to the objective of crime and disorder but also related to the protection of children from harm.

·         The premises had been found to in possession of non-duty-paid cigarettes and hand rolled tobacco after an inspection on 30 April 2021.

·         The CCTV cameras were found to not be recording footage and this was a breach of conditions.

·         On 1 September 2021 and underage test purchase had been made at the premises. A can of Gordon’s gin was sold to a 16-year-old female.

·         The licence was held by Mr Burcin Yurga. He was the premises licence holder and the DPS and therefore was responsible for overseeing the sale of alcohol at the premises.

·         The premises operated between 05:30–01:00 across the week.

·         Representations in support of the application included Public Health and the Licensing Authority.

·         The licence was transferred to the premises licence holder in 2011.

·         The review application related to crime and disorder and smuggled goods were found on the premises. This related to the non-duty-paid cigarettes.

·         The Sub-Committee was to take into account the historical elements of the premises and any other relevant information, but could not judge the application based on criminality as it was the Sub-Committee’s duty to primarily consider the promotion of the crime and disorder (or any other) licensing objective in relation to the application.

Mr Michael Squire, Trading Standards Officer, informed the Sub-Committee that:

·         On 30 April 2021, Trading Standards carried out an inspection of the premises and at the time, neither the premises licence holder or the DPS was present.

·         A total of 180 non-duty-paid cigarettes and 500g of hand rolled tobacco was found behind the counter in a box. A further 1,600 cigarettes were found in the rear of the premises.

·         Large stocks of Polish beer were also found and enquiries were made regarding the invoicing for the beers.

·         The tobacco found at the premises did not have standard UK health warnings or packaging. This could be considered a criminal offence. 

·         It was an offence under the Licensing Act to stock non-duty paid goods on the premises.

·         The premises licence holder had stated that the tobacco was for personal use and provided an invoice for the tobacco.

·         Invoices were provided for the goods found at the premises, but no delivery notes had been found.

·          A letter was also sent to Mr Burhan Yurga, the Director Kaplan Food and Wine (who owned the business) and he had stated that the premises had not stocked the Polish beer before and that they were all delivered on the morning of the visit from Trading Standards from various Cash and Carry companies. The dates of the invoices were dated the day after the visit from Trading Standards.

·         Selling tobacco with no English language health warning could be a criminal offence as well as selling tobacco  ...  view the full minutes text for item 12.