Agenda and draft minutes

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Noted.

Apologies for absence were received from Councillor Rice.  Councillor Brabazon was in attendance as a substitute.

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 considered at item 9 below).

None.

None.

To consider an application for a new premises licence.

This item was withdrawn from the agenda.

The Chair referred those present to the procedure to be followed during the hearing.

To consider a review of the premises licence.

Daliah Barrett, Licensing Officer, introduced the report for a review of the Premises Licence at Superclass, 4-5 Campsbourne Parade, N8 7PR.  The review had been brought by Trading Standards due to the fact that the premises was originally found to be selling illicit goods in May 2016 and was provided with advice and given the opportunity to apply for a Minor Variation to have additional conditions added to the license of their own volition as opposed to being reviewed at the time. Ms Barrett highlighted the representations from Public Health and the Licensing Authority who both support the recommendation to revoke the premises license on the following grounds:

• The operation of the premises had failed to uphold the Licensing Objectives of The Prevention of Crime & Disorder and Public Safety.
• The premises was found to be stocking and selling non duty paid tobacco and alcohol from the premises.

Ms Barrett  then summarised the steps available to the Licensing Sub Committee in their decision regarding the license holder.

The representatives present from Trading Standards outlined the reasons for their review application notifying the Committee that there had been 2 occasions where illicit alcohol and tobacco had been found on the premises. On both of these occasions the premises was under the control of the Premises License Holder and Designated Premises Supervisor Bektas Erdogan. They expressed their concern that these incidents indicated that the highest standards of management had not been exhibited by the business and due to this fact Trading Standards no longer had confidence in the Licensee to promote the Licensing Objectives.

Robert Sutherland, Premises License Holder Representative, gave an explanation of Mr Erdogan’s circumstances as outlined in his witness statement. He notified the Committee that Mr Erdogan was prepared to accept his actions and was remorseful. He also stated that Mr Erdogan was happy to accept all conditions recommended by Trading Standards and requested that these be imposed onto the license as opposed to revocation as this would have detrimental effects on the business. Mr Sutherland informed the Committee that the License Holder had taken steps to ensure that there would be no further breaches of the license.

The Committee adjourned to consider the application and advised all present that the decision would be communicated  in writing following the meeting.

RESOLVED

The committee carefully considered the application for a review of the premises licence, and the representations of Trading Standards, the Licensing Authority, Public Health, and the licence holder, the Council’s Statement of Licensing Policy and the s182 guidance.

The committee resolved to:

• Revoke the licence

The committee had careful regard to the fact that criminal activity had taken place at the premises of a type which the s182 Guidance advises should be treated particularly seriously i.e. the sale of smuggled tobacco and alcohol.  It noted that the licence holder had been found to be selling illicit tobacco on 23^rd May 2016 for which he accepted a simple caution on 4^th November 2016 and that illicit  ...  view the full minutes text for item 16.

To consider any new items of urgent business admitted under item 3 above.

None.