Agenda and draft minutes

Licensing Sub-Committee - Wednesday, 18th March, 2020 10.00 am

Venue: Council Chamber, Civic Centre, Silver Street, Enfield, EN1 3XA

Contact: Jane Creer 020 8132 1211 Email: jane.creer@enfield.gov.uk 

Items
No. Item

513.

WELCOME AND APOLOGIES FOR ABSENCE

Minutes:

Councillor Aksanoglu as Chair welcomed all those present and explained the order of the meeting.

514.

DECLARATION OF INTERESTS

Members are asked to declare any disclosable pecuniary, other pecuniary or non pecuniary interests relating to items on the agenda.

 

Minutes:

NOTED there were no declarations of interest in respect of any item on the agenda.

515.

ORDER OF AGENDA

Minutes:

AGREED that the order of the agenda be amended. The minutes follow the order of the meeting.

516.

MAXI WINE CENTRE, 495 HERTFORD ROAD, ENFIELD EN3 5XH (REPORT NO. 243) pdf icon PDF 85 KB

Review Application

Additional documents:

Minutes:

NOTED that consideration of the application had been adjourned due to notification of coronavirus symptoms and subsequent need for self isolation by the licence holder.

517.

POLONEZZ, 14 GREEN LANES, LONDON, N13 6JR (REPORT NO. 246) pdf icon PDF 82 KB

Review Application

Additional documents:

Minutes:

RECEIVED the application made by Trading Standards for a review of the Premises Licence (LN/201401122) held by Polonez Limited at the premises known as and situated at Polonezz, 14 Green Lanes, London, N13 6JR.

 

NOTED

 

1.    The introduction by Charlotte Palmer, Senior Licensing Enforcement Officer, including:

 

a.  This was a review of the licence of Polonezz. The licence currently permitted off-sales of alcohol from 09:00 to 20:00 Monday to Saturday, and 11:00 to 19:00 Sunday. The premises licence holder was Polonez Limited, and the Designated Premises Supervisor (DPS) was Izabella Kuziola.

b.  On 24 January 2020, Enfield Council’s Trading Standards submitted a review application in relation to the prevention of crime and disorder licensing objective, seeking revocation of the premises licence in its entirety.

c.  Smuggled goods had been found on the premises for a second time ie. non-duty paid cigarettes.

d.  The full review application was set out in Annex 1 of the officers’ report.

e.  There were no other representations in respect of this review application.

f.  There had been no response from the premises licence holder to date.

g.  If the Licensing Sub-Committee (LSC) was minded not to revoke the licence, Trading Standards asked that the licence be suspended until full compliance with the licence conditions had been demonstrated and a vary DPS application had been received.

h.  At the hearing, Trading Standards were represented by Heena Kanani, Principal Trading Standards Officer, and Polonez Limited were represented by two Directors of the company.

 

2.  The statement on behalf of Trading Standards, including:

 

a.  The review application was based on the crime and disorder licensing objective; namely that non-duty paid tobacco and alcohol were found on the premises.

b.  On 29 October 2019, officers from Trading Standards and Licensing Enforcement, the Police Licensing Officer, and a dog handler and dogs from Wagtail International carried out a day of unannounced visits to shops in LB Enfield, including a visit to Polonezz. At the time of the visit there was one member of staff on the premises: Monika Bugalska. The premises was searched and a total of 74 packets of non-duty paid items were found and seized: a total of 1480 cigarettes, plus 51 bottles of alcohol, mainly vodka.

c.  On 22 November 2019, Licensing officers carried out a licence inspection. A number of conditions were not in compliance, for example the CCTV was not working and no signs were displayed – drinking control area. A notice asking that the conditions be brought into compliance within seven days was issued to Monika Bugalska. The named DPS was not present at the time of either visit.

d.  On 11 February 2020, a Senior Licensing Enforcement Officer re-visited the premises. The CCTV was not operational, and it was advised this was due to a problem with rats. A ‘Designated Public Place Order’ poster needed to be displayed at the exit. The officer was also shown a machine via which staff or customers could scan the  ...  view the full minutes text for item 517.

518.

SARGE OFF LICENCE, 240 FORE STREET, EDMONTON N18 2QD (REPORT NO. 244) pdf icon PDF 138 KB

Review Application

Additional documents:

Minutes:

RECEIVED the application made by Trading Standards for a review of the Premises Licence (LN/201200255) held by Mr RajasingamSundaramoorthy at the premises known as and situated at Sarge Off Licence, 240 Fore Street, Edmonton, N18 2QD.

 

NOTED

 

1.  The introduction by Charlotte Palmer, Senior Licensing Enforcement Officer, including:

 

a.  This was a review of the licence of Sarge Off Licence. The licence currently permitted off-sales of alcohol from 08:00 to 23:00 daily. The Premises Licence Holder and Designated Premises Supervisor (DPS) was Rajasingam Sundaramoorthy.

b.  On 24 January 2020, Enfield Council’s Trading Standards submitted a review application in relation to the prevention of crime and disorder licensing objective, and seeking revocation of the premises licence in its entirety.

c.  A large amount of non-duty paid cigarettes had been found at the premises, as set out in Annex 2 of the report.

d.  There were no other representations in respect of this review application.

e.  There had been no response from the premises licence holder to date.

f.  If the Licensing Sub-Committee (LSC) was minded not to revoke the licence, Trading Standards proposed modifications to the licence conditions as set out in Annex 3, and asked that the licence be suspended until full compliance with the licence conditions had been demonstrated.

g.  At the hearing, Trading Standards were represented by Ann Bowes, Senior Fair Trading Officer, and Rajasingam Sundaramoorthy and his son were present, and also represented by Michael Rogers, Counsel, Lamb Building.

 

2.  The statement on behalf of Trading Standards, including:

 

a.  The review application was based on the crime and disorder licensing objective; namely that non-duty paid tobacco was found on the premises.

b.  On 29 October 2019, officers from Trading Standards and Licensing Enforcement, the Police Licensing Officer, and a dog handler and dogs from Wagtail International carried out a day of unannounced visits to shops in LB Enfield, including a visit to Sarge Off Licence. The premises was searched and a large amount of non-duty paid cigarettes and tobacco were found behind the counter. The items seized were 260 packets in total (5200 sticks), plus 31 single cigarettes, and 18 packets of hand rolling tobacco.

c.  An interview under caution had been conducted, and a prosecution was ongoing. An explanation had been given that the items were for personal use and had been given as gifts from customers and had to be kept at the premises as they were not able to be kept at home.

d.  At an officer visit out of hours, Rajasingam Sundaramoorthy was not present at the premises, nor was he on 29 October 2019. There was only one member of staff at the shop: Jesi Patni.

e.  Conditions had been found in non compliance, namely Conditions 4, 5, 6, 9, 10, 11 and 12 of the licence. This led to the Licensing Authority having no confidence in Mr Sundaramoorthy to run the business within the law.

f.  He had acted quickly to rectify compliance with the conditions, and demonstrated  ...  view the full minutes text for item 518.

519.

CARPATHINA LTD, 337 BOWES ROAD, LONDON N11 1BA (REPORT NO. 245) pdf icon PDF 82 KB

Review Application

Additional documents:

Minutes:

RECEIVED the application made by Trading Standards for a review of the Premises Licence (LN/201700925) held by Mr Iulian Frasinescu at the premises known as and situated at Carpathina, 337 Bowes Road, London, N11 1BA.

 

NOTED

 

1.  The introduction by Charlotte Palmer, Senior Licensing Enforcement Officer, including:

 

a.  This was a review of the licence of Carpathina Ltd. The licence currently permitted off-sales of alcohol from 11:00 to 22:00 daily. The premises licence holder and the Designated Premises Supervisor (DPS) was Iulian Frasinescu.

b.  On 24 January 2020, Enfield Council’s Trading Standards submitted a review application in relation to the prevention of crime and disorder licensing objective, and seeking revocation of the premises licence in its entirety.

c.  Smuggled goods had been found on the premises for a second time ie. non-duty paid cigarettes.

d.  The full review application was set out in Annex 1 of the officers’ report.

e.  There were no other representations in respect of this review application.

f.  The response from the premises licence holder was set out in Annex 2.

g.  If the Licensing Sub-Committee (LSC) was minded not to revoke the licence, Trading Standards asked that the licence be suspended until full compliance with the licence conditions had been demonstrated and a vary DPS application had been received.

h.  At the hearing, Trading Standards were represented by Heena Kanani, Principal Trading Standards Officer, and Carpathina Ltd were represented by Iulian Frasinescu, Nicoleta Gafita, and an interpreter, Gabriela Doina Basca.

 

2.  The statement on behalf of Trading Standards, including:

 

a.  The review application was based on the crime and disorder licensing objective; namely that non-duty paid tobacco was found on the premises.

b.  On 29 October 2019, officers from Trading Standards and Licensing Enforcement, the Police Licensing Officer, and a dog handler and dogs from Wagtail International carried out a day of unannounced visits to shops in LB Enfield, including a visit to Carpathina Ltd. At the time of the visit there was one member of staff on the premises: Cocuta Gafita. The premises was searched and 203 packets of non-duty paid items with foreign labelling were found and seized.

c.  On 22 November 2019, Licensing officers carried out a licence inspection. A number of conditions were not in compliance: Conditions 4, 7, 8 and 12. It was requested that the conditions be brought into compliance within seven days. An inspection report was completed and signed by and issued to Ion Gherman, cashier. Neither the licence holder or DPS were present at the time of the visit.

d.  On 31 January 2020, out of hours Licensing Enforcement officers made a re-visit and met the same cashier who was working during the last inspection visit. Training records were now compliant, a refusals book was available, and one recent invoice was seen for tobacco, no more invoices on site. A request was made that a copy of last month’s invoices be sent within the next seven days. The invoices  ...  view the full minutes text for item 519.

520.

MINUTES OF PREVIOUS MEETINGS pdf icon PDF 120 KB

To receive and agree the minutes of the meetings held on Wednesday 22 January 2020 and Wednesday 26 February 2020.

Additional documents:

Minutes:

AGREED the minutes of the meetings held on Wednesday 22 January 2020 and Wednesday 26 February 2020 as a correct record.