Licensing Sub Committee (ceased to operate 10/04/2017) Minutes

Date:
Tuesday, 28th October, 2014
Time:
10:00 am
Place:
Council Chamber, Town Hall, High Street, Stockton on Tees, TS18 1AU
 
Please note: all Minutes are subject to approval at the next Meeting

Attendance Details

Present:
Cllr Paul Kirton(Chairman), Councillor Michael Clark, Cllr Bill Woodhead
Officers:
J Jones(PH), J Nertney(LD)
In Attendance:
J Allwood, Trading Standards Officer(PH),Mr Anderson,(Barrister at Law representing Trading Standards). Sgt Higgins(represented by Mr Langley, Solicitor)
Item Description Decision
Public
LSC
33/14		 APPOINTMENT OF CHAIR
 RESOLVED that Councillor Kirton be appointed Chair for this meeting only.
LSC
34/14		 EVACUATION PROCEDURE
Preamble
 
LSC
35/14		 DECLARATIONS OF INTEREST
Preamble
 
LSC
36/14		 LICENSING ACT 2003
APPLICATION FOR A REVIEW OF A PREMISE LICENSE
EUROPEAN FOODS, 90A HARTINGTON ROAD, STOCKTON ON TEES
Preamble
RESOLVED that the premise licence be revoked as detailed above.
LSC
37/14		 LICENSING ACT 2003
APPLICATION FOR TRANSFER OF A PREMISE LICENCE
EUROPEAN FOODS, 90A HARTINGTON ROAD, STOCKTON ON TEES
Preamble
RESOLVED that the applicants request to withdraw the application for transfer of the premises licence be noted.
LSC
38/14		 EXCLUSION OF THE PUBLIC
 RESOLVED that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the meeting for the following items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A of the Act.
Confidential
LSC
39/14		 LICENSING ACT 2003
APPLICATION FOR A REVIEW OF A PREMISE LICENSE
EUROPEAN FOODS, 90A HARTINGTON ROAD, STOCKTON ON TEES
  • Appendix 1
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    Statement
  • |
    Statement
  • |
    Statement
Preamble
RESOLVED that the information be noted.
10:00

Preamble

ItemPreamble
LSC
34/14		The evacuation procedure was noted.
LSC
35/14		There were no declarations of interest
LSC
36/14		Members gave consideration to determine what action to take in relation to an application for a review of a premise licence which had been made at the request of Trading Standards and had been supported by Cleveland Police relating to European Foods, 90A Hartington Road, Stockton on Tees

The Chair introduced all persons who were present and explained the procedure to be followed during the hearing.

A copy of the report and supporting documents and statements had been provided to all persons present and to members of the Committee. Members noted that the review of the premises licence was made at the request of Trading Standards and had been supported by Cleveland Police who had submitted their own representation. Representations in support of the review had also been submitted by ten residents who lived and/or worked within the vicinity of the premise.

Mr Anderson stated that this was an unusual review hearing as the Premises Licence Holder and Designated Premises Supervisor, had informed officers that he had “walked away from the premise”. It was noted that the Premises Licence Holder and Designated Premises Supervisor was not in attendance at the meeting despite being invited to attend.

Mr Anderson on behalf of Trading Standards stated that the review of the premises licence had been brought following the sale of age restricted products at the premise and seizure of counterfeit cigarettes and tobacco. In addition there were a number of breaches of the conditions attached to the premises licence. The premise was responsible for criminal activity and the licensing objectives were being undermined. It was noted that Mr Alex Issmat was both the Premise Licence Holder and the Designated Premises Supervisor. In the opinion of Trading Standards the only reasonable action was for the premises licence to be revoked.

Sergeant Higgins advised the Committee that Cleveland Police had lodged a representation supporting Trading Standards application for a review due to criminality at the premise and anti-social behaviour outside the premise which the Police say was connected to the operation and management of the premise. The Police drew the Committees attention to CCTV footage which showed the problems of street drinking directly outside the premise and that the footage showed street drinkers obtaining alcohol from the premise and then drinking it immediately outside. The Police were also of the view that revocation of the premises licence was necessary as the licensing objectives were being undermined.

The Committee noted that the Premises Licence Holder and Designated Premises Supervisor was not in attendance. The Committee noted that he had been invited to attend. The Committee were therefore not provided with any evidence or submission on behalf of Mr Issmat.

All parties present were given an opportunity to sum up their case.

Members had regard to the extensive bundle of written evidence, which had been circulated prior to the hearing and presented to them, in addition to the oral evidence given by witnesses and submissions made by representatives at the hearing.

The Committee had regard to the statutory guidance issued under Section 182 of the Licensing Act 2003 and the Council’s Licensing Policy.

On the balance of probabilities, the Committee were of the view that the evidence presented demonstrated that the licensing objectives were being undermined and there had been breaches of the premise licence conditions.

After carefully considering the written and oral evidence, the Committee were satisfied, on balance, that the incidents were fundamentally linked to the overall control and management of the premise. The Committee were of the view that the problems connected with the premise could not be remedied by removing Mr Issmat as the Designated Premise Supervisor.

The Committee were of the view that it was both necessary and proportionate to revoke the Premise Licence in order to promote the licensing objectives pursuant to section 52(4)(e) of the Licensing Act 2003. The Committee were mindful of the criminality connected with the premise, the breaches of licensing conditions and the effect the management of the premise was having on local residents.

After giving consideration to all of the evidence both written and oral in this matter, the Committee therefore resolved:-

• To revoke the premises licence
LSC
37/14		Mr Wilson, the applicants representative in this matter had contacted the Licensing section and indicated that his client wished to withdraw the application for transfer of a premises licence.
LSC
39/14		This item was the confidential information in relation to item 4. 'Licensing Act 2003 Application for a Review of a Premise License
European Foods, 90A Hartington Road, Stockton on Tees'. Please refer to the above for the Committee's decision.

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