Venue: Virtual Meeting - MS Live Event
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WELCOME AND APOLOGIES FOR ABSENCE
1. Councillor Taylor as Chair welcomed all attendees to the meeting, which was being broadcast live online. Sub-committee members confirmed their presence and that they were able to hear and see the proceedings. Officers, applicants and representative confirmed their presence. The Chair explained the order of the meeting.
2. David Dadds (Dadds Licensing Solicitors), the legal representative, requested that the LSC all be present with their camera’s on rather than simply by telephone to ensure that the LSC were all present and engaged in the hearing. This was agreed by the LSC and legal adviser in the circumstances.
DECLARATION OF INTERESTS
Members are asked to declare any disclosable pecuniary, other pecuniary or non pecuniary interests relating to items on the agenda.
NOTED there were no declarations of interest in respect of the item on the agenda.
Application for a Review of premises licence.
RECEIVED the application made by Enfield Council’s Licensing Authority for review of Premises License LN/201200258 at the premises known as and situated at Montague Supermarket, 171-173 Montagu Road, Edmonton, N18 2NA.
1. The introduction by Ellie Green, Principal Licensing Officer, including:
a. This was a review of the Licence of Montagu Supermarket, 171 – 173 Montague Road, Edmonton, N18 2NA.
b. The Premises Licence held by the various premises licence holders has had a history of note as set out at page 1 of the report. This review application has been submitted by the Licencing Enforcement Team on behalf of the Licencing Authority and seeks to revoke the premises licence held by Mr Yilmaz Celik in order to support the prevention of crime and disorder licencing objective.
c. The review is made on the grounds that the premises has a history of selling illicit tobacco from the premises. Furthermore, breaches of licencing conditions are alleged to have been breached. Those conditions applied through a minor variation in order to prevent further illicit tobacco being sold from these premises.
d. The existing conditions are set out in the premises licence found in the amended report. This premises licence permits the sale of alcohol, off sales and be open from 7:00am – 11:00pm daily.
Mr Yilmaz Celik is both the Premises Licence Holder (PLH) and the Designated Premises Supervisor (DPS).
e. The full review application can be seen at Annex 2 (from page 15) of the report. Mr Celik has not provided any written response to the review application.
f. If the Licensing Sub Committee is minded not to revoke the licence, the review request that the licence be modified updating the licensing conditions. The full list of conditions sought through this application can be seen in Annex 3 (page 41) of the report.
g. Present today is Charlotte Palmer, the Senior Licensing Enforcement Officer, representing the Licensing Authority and Mr David Dadds from Dadds Licensing Solicitors representing Mr Yilmaz Celik the PLH and DPS. Mr Celik is on a call directly with Mr Dadds but not present on the live events call.
2. The statement on behalf of the Licensing Authority by Charlotte Palmer (Senior Licensing Enforcement Officer).
a. This review application is to revoke the premises licence. The review is based on the prevention of crime and disorder objective and is the result of non-duty paid tobacco being found at the premises.
b. On the 30 March 2021, the premises were visited as part of Operation CeCe (a HMRC funded national project aimed at tackling the sale of illicit tobacco). A test purchase volunteer entered the premises and asked if they sold ‘cheap’ cigarettes and were sold a packet of non-duty paid Marlboro Gold for £7.50.
c. As a result, the premises were visited again on the 29 April 2021but this time with Trading Standards Officers, a dog handler and sniffer dog. Charlotte Palmer was notified by one of the Trading Standard Officers that the evidence had been re-counted, ... view the full minutes text for item 3.
To receive and agree the minutes of the meetings held on Wednesday 10 March 2021 and Wednesday 19 May 2021.
AGREED the minutes of the meetings held on Wednesday 10 March 2021 and Wednesday 19 May 2021 be adjourned until the next Licensing Sub-Committee meeting.