Agenda and minutes

Licensing Sub-Committee
Wednesday, 13th March, 2019 7.00 pm

Venue: Council Chamber - Hammersmith Town Hall. View directions

Contact: Amrita Gill  Email: amrita.gill@lbhf.gov.uk Tel: 020 8753 2062/2094

Items
No. Item

1.

Apologies for Absence

Minutes:

Apologies for absence were received from

2.

Declarations of Interest

If a Councillor has a disclosable pecuniary interest in a particular item, whether or not it is entered in the Authority’s register of interests, or any other significant interest which they consider should be declared in the public interest, they should declare the existence and, unless it is a sensitive interest as defined in the Member Code of Conduct, the nature of the interest at the commencement of the consideration of that item or as soon as it becomes apparent.

 

At meetings where members of the public are allowed to be in attendance and speak, any Councillor with a disclosable pecuniary interest or other significant interest may also make representations, give evidence or answer questions about the matter. The Councillor must then withdraw immediately from the meeting before the matter is discussed and any vote taken.

 

Where Members of the public are not allowed to be in attendance and speak, then the Councillor with a disclosable pecuniary interest should withdraw from the meeting whilst the matter is under consideration. Councillors who have declared other significant interests should also withdraw from the meeting if they consider their continued participation in the matter would not be reasonable in the circumstances and may give rise to a perception of a conflict of interest.

 

Councillors are not obliged to withdraw from the meeting where a dispensation to that effect has been obtained from the Audit, Pensions and Standards Committee.

Minutes:

There were no declarations of interest.

3.

Langani Supermarket, 221 Munster Road, SW6 6BU pdf icon PDF 87 KB

Additional documents:

Minutes:

At the Chair’s request, all parties present introduced themselves. The Chair then explained the procedure for the hearing and invited the Licensing Officer to introduce the application.

 

Adrian Overton, Licensing Officer introduced the review application, explaining that Mr Doug Love of the Trading Standards Team had made an application for a review of the premises on 18 January 2018.

 

The application for a review of the premises was made on the grounds of the prevention of crime and disorder and protection of children from harm.

The licensing section received no representations towards this application to the review the premise licence. In addition, a Supplementary Agenda B had also been published outlining an email correspondence between the licence holder and Doug Love.

 

Doug Love addressed the Committee on behalf of the Trading Standards Team. He explained that the review was made following 59 packets of illicit tobacco being seized during an inspection of the premises on 6 March 2018. The Licence holder also failed to provide invoices relating to suspect alcohol which was being sold at the Supermarket at an excessively cheap cost. Doug Love noted that from his understanding the wines being sold were very similar to the ones that were purchased without paperwork from vans, which would all be non-duty paid. Doug Love made several attempts to contact the licence holder requesting for the invoices to be provided, however no response was received.  Furthermore, it was noted that Doug Love had been informed that the invoices for the wines had been misplaced a few minutes prior to this Committee meeting. He felt that failure to provide these invoices as requested by the Trading Standards Team suggested that these were purchased without paperwork.

 

An enforcement visit was carried out on 3 October 2018 to re-assess what outcome was appropriate. On this occasion there were no illegal tobacco found at the premises and the prices of beers had been increased.

 

Doug Love outlined the dangers of the selling cheap cigarettes and alcohol to consumers. The very cheap prices that super-strength beers were being sold enabled problematic drinkers to consume more, even on a very limited budget.

 

Finally, Doug Love requested that the Committee considered the lack of cooperation demonstrated by the licensee and the failure to comply with the requests made by responsible authorities. He requested that the Licensing Sub-Committee revoked the premise licence. However, should the Sub-Committee members decide that a revocation was not appropriate, he suggested that it was essential that the 10 conditions proposed by the Trading Standards Team be imposed on the licence.

 

Mr S. Panchal, the Licence Holder’s representative explained that the licence holder was happy to work in collaboration with all responsible authorities to adhere to the licensing objectives going forward. Mr Panchal confirmed that the licence holder had agreed to all the conditions recommended by the Trading Standards Officer.

 

He explained that the licence holder had held the licence since 2016. There was no evidence of counterfeit alcohol sold at the supermarket, however explained  ...  view the full minutes text for item 3.

4.

663 Fulham Road Convenience Store, SW6 5PZ

Minutes:

At the Chair’s request, all parties present introduced themselves. The Chair then explained the procedure for the hearing and invited the Licensing Officer to introduce the application.

 

Adrian Overton, Licensing Officer introduced the review application, explaining that Mr Doug Love of the Trading Standards Team had made an application for a review of the premises on 18 January 2018.

 

The application for a review of the premises was made on the grounds of the prevention of crime and disorder, public safety, and protection of children from harm following a seizure of non-UK duty paid alcohol during an inspection of the premises on 31 August 2018.

 

The licensing section received a representation in support of the application to review the premises license from PC Kristen Cardwell of the Metropolitan Police. Mr Cardwell requested that the Licensing Sub-Committee imposed 9 conditions on the license should it be decided that a revocation was not appropriate. Following this request Mr Joypooranchandren (Licence Holder) confirmed that he was happy for these conditions to be added to the license. Subject to the agreement from the licence holder the Police were satisfied with the outcome, therefore had nothing further to add.

 

A further representation in support of the application to review the premises licence were received from Harrington Road Residents Association (HRRA), Councillor Belinda Donovan and one local resident. In addition, a Supplementary Agenda A had also been published outlining an email correspondence sent to the licensing department from Annabel Cottrell (HRRA).

 

Doug Love explained that on 8 August 2018, the Trading Standards Team was notified of a complaint from a local resident, alleging that the business was selling loose cigarettes to young people. He added that it was an offence to sell loose cigarettes to any person, regardless of their age. During a test purchase for alcohol the business had also failed to require proof of age which indicated that they were at risk of selling to underage customers. Doug Love, therefore advised that Challenge 25 should be adopted and details of the relevant training was provided to an employee. However, Doug Love heard nothing further to this recommendation from anyone at the business.

 

During a visit made to the premises, Doug Love had noticed that certain types of alcohol were being sold at a considerably lower cost. These were particularly popular with people that abused alcohol. This was also a strong indication that the business was buying non- duty paid alcohol from a non-reputable source. Invoices for several types of beer and wine was requested, however the business had failed to provide the Trading Standards Team with the correct documentation.

 

Furthermore, following an inspection carried out on 31 August 2018, 60 bottles of Glen’s Vodka were discovered at the premises. These were identified as non- duty paid and were seized immediately. It was noted that buying spirits from a non-reputable supplier was dangerous as there was no way for the licensee to tell whether they were safe to consume.

 

Doug Love requested that the Committee  ...  view the full minutes text for item 4.