Licensing (Activities) Sub-Committee – 21 September 2015
Chairman: To be appointed
Venue: The Council Chamber, Civic Centre, Ashby Road, Scunthorpe
Time: 10 am
AGENDA
1. Appointment of Chairman.
2. Declarations of disclosable pecuniary interests and personal or personal and prejudicial interests, and significant contact with applicants, objectors or third parties (lobbying), if any.
3. Licensing Act 2003 – Notice of Hearing
Application for the Review of a Premises Licence, Ashby Mini Market, 258 Ashby High Street, Ashby, North Lincolnshire
4. Any other items which the chairman decides are urgent by reason of special circumstances which must be specified.
MINUTES
PRESENT: – Councillors Ali, K Vickers and P Vickers.
The sub-committee met at the Civic Centre, Scunthorpe.
1270 CHAIRMAN – Resolved – That Councillor K Vickers be and he is hereby appointed chairman for the meeting.
Councillor K Vickers thereupon took the chair.
1271 DECLARATIONS OF DISCLOSABLE PECUNIARY INTERESTS, PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – There were no declarations of disclosable pecuniary interests and personal or personal and prejudicial interests.
1272 (20) LICENSING ACT 2003 – APPLICATION FOR THE REVIEW OF A PREMISES LICENCE AT ASHBY MINI MARKET, 258 ASHBY HIGH STREET, ASHBY, SCUNTHORPE – The Director of Places submitted a report advising members of an application for the review of a premises licence at the Ashby Mini Market, 258 Ashby High Street, Scunthorpe.
Details of the application were outlined in the report, together with the application for the review of a premises licence initiated by Trading Standards at North Lincolnshire Council.
The Director in his report reminded the sub-committee that the options available to it under the Licensing Act 2003 when considering such applications were:
- To modify the conditions of the licence;
- To exclude a licensable activity from the scope of the licence;
- To remove the Designated Premises Supervisor;
- To suspend the licence for a period not exceeding three months;
- To revoke the licence.
There was no request to vary the procedure.
The applicant for the review as well as the Premises Licence Holder addressed the sub-committee and responded to questions.
Following the summary of the case of the applicant for the review as well as the Premises Licence Holder, the meeting was adjourned for deliberation by members and then reconvened when the decision of the sub-committee was stated as follows: –
Resolved – That after considering the information presented at the hearing, and taking into account the statutory guidance referred to at paragraphs 11.24 to 11.28, the sub-committee has decided to revoke the premises licence and remove Mr Rashid as the Designated Premises Supervisor, as there are serious concerns in relation to public safety as counterfeit and non-duty tobacco has been found at the premises.
The storage of this tobacco was something that the sub-committee considered to be a very serious matter. Therefore, the sub-committee do not consider that it was appropriate for the premises to retain its licence to sell alcohol.
This was to further (a) the licensing objective of the prevention of crime and disorder, as the sub committee was concerned that criminal activity was occurring at the premises; and (b) the licensing objective of public safety as the sub committee had concluded that Mr Rashid does not consider public safety a priority, as he had been storing counterfeit and non-duty cigarettes and tobacco at the premises.