Agenda and minutes

Licensing Sub-Committee - Wednesday, 1st April, 2015 10.00 am

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

Contact: Metin Halil 020 8379 4091 Email: metin.halil@enfield.gov.uk 

Items
No. Item

521.

WELCOME AND APOLOGIES FOR ABSENCE

Minutes:

The Chair welcomed all those present and explained the order of the meeting.

 

There were no apologies for absence.

522.

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 that there were no declarations of interest in respect of items on the agenda.

523.

RK SUPERMARKET, 1 EMPIRE PARADE, GREAT CAMBRIDGE ROAD, EDMONTON, N18 1AA (REPORT NO. 209) pdf icon PDF 2 MB

Application to review a premises licence.

Minutes:

RECEIVED the application made by the Licensing Authority for the review of the Premises Licence held by Mr Kanagasabapathy Sivasubramaniam at the premises known as and situated at RK Supermarket, 1 Empire Parade, Great Cambridge Road, Edmonton, N18 1AA.

 

NOTED

 

1.         The opening statement of Ellie Green, Principal Licensing Officer, including the following points:

a. This was an application to review the Premises Licence of RK Supermarket.

b. The review was brought by the Licensing Authority.

c. There had been 2 occasions in 2014 where non-duty paid tobacco and alcohol was found on the premises. On 9 December 2014 non-duty paid tobacco and non-duty paid alcohol were again found on the premises.

d. The Licensing Authority considers that it is appropriate to revoke the Premises Licence, in order to support the prevention of crime and disorder licensing objective.

e. The application was supported by the Metropolitan Police Service, who also considered that it was appropriate to seek revocation of the licence.

 

2.         The opening statement of Charlotte Palmer, Licensing Enforcement Officer, on behalf of the Licensing Authority, including the following points:

a. The Licensing Authority were requesting revocation of the Premises Licence of RK Supermarket.

b. Non-duty paid tobacco and non-duty paid alcohol had been found on the premises twice within 4 months.

c. Representations received from the Police included details of relevant intelligence reports from May 2014 to January 2015 regarding sale of illegal cigarettes/tobacco and alcohol.

d. The premises were visited on 15 August 2014 by a fair trading officer who was sold non-duty paid cigarettes.

e. The premises was also visited on 22 August 2014 as part of a multi-agency inspection (involving Trading Standards, a brand representative and tobacco detection dogs) whereby 8 non-duty paid x High Commissioner Whisky, was seized.

f. On the 26 November 2014 a Licensing Enforcement Officer visited the premises to speak to the PLH as a minor variation application to strengthen the license had not been submitted.

g. The premises was visited as part of a joint HMRC, Trading Standards, a brand representative and tobacco detection dogs on 9 December 2014, 13 days after a Licensing Enforcement Officer had visited the premises. Further non-duty paid tobacco and alcohol were seized by HMRC.

h. The minor variation application to the licence was issued on 12 December 2014.

i. On 9/01/15 a full licence inspection was carried out. Breaches of six licensing conditions were recorded.

j. The Licensing Authority had no confidence in those running this premises and they had no choice but to apply for the licence to be revoked.

 

3.         The statement by PC Martyn Fisher, on behalf of Metropolitan Police Service, including the following points:

a. The Police supported the application by the Licensing Authority for revocation of the licence and had nothing further to add.

 

4.         Questions were invited on the introductory statements:

a. The Chair asked about the alcohol that was seized by HMRC on the 22 August 2014 and the fact that officers thought they were counterfeit.  ...  view the full minutes text for item 523.

524.

SHEELPA EXPRESS, 389 ORDNANCE ROAD, ENFIELD, EN3 6HN (REPORT NO. 210) pdf icon PDF 2 MB

Application to review a premises licence.

Additional documents:

Minutes:

RECEIVED the application made by the Licensing Authority for the review of the Premises Licence held by Cilana Limited at the premises known as and situated at Sheelpa Express, 389 Ordnance Road, Enfield, EN3 6HN.

 

NOTED

 

1.         The opening statement of Ellie Green, Principal Licensing Officer, including the following points:

a.  This was an application to review the Premises Licence of Sheelpa Express.

b.  The review was brought by the Licensing Authority.

c.  The Licensing Authority considers that it is appropriate to revoke the Premises Licence, in order to support the prevention of crime and disorder licensing objective.

d. In December 2014, non-duty paid tobacco was found at the premises and in addition the premises were found to be operating in breach of their conditions, in two separate occasions. This was the third review application, in total, made by the licensing authority for a review of the premises licence.

e. The previously reviewed application was made for the sale of alcohol to under age persons in 2008 and again in January 2014. The application previously sought to modify the conditions and more recent reviews to remove the DPS.

f. The PLH is Ciliana Ltd and the Company Secretary is Mr Aydemir and the director is Miss Aydemir who is also the DPS. Ciliana Ltd is being represented by Mr Alan Aylott of Dadds Licensing Solicitors.

g. The application was supported by the Metropolitan Police Service, who also considered that it was appropriate to seek revocation of the licence.

 

 

2.         The opening statement of Charlotte Palmer, Licensing Enforcement Officer, on behalf of the Licensing Authority, including the following points:

a.  The Licensing Authority were requesting revocation of the Premises Licence of Sheelpa Express. The review is based on the prevention of Crime and Disorder Licensing objective and was a result of non-duty paid tobacco being found on the premises in December 2014.

b.  The joint visit carried out in December 2014 was the result of an allegation received in October 2014, stating that the premises were selling illegal cigarettes and this proved to be true.

c. The Secretary of State thinks that the sale of smuggled tobacco and alcohol should be taken particularly seriously and that revocation of a licence, even a first instance, should be considered. However, this was not the first time that non-duty paid products had been found at these premises and this was the third time that the licence of these premises has had to be reviewed.

d. The licence was reviewed to strengthen the licence conditions following an under-age tobacco sale in 2008. The PLH was also given opportunities to submit a minor variation to further strengthen the conditions as a result of the significant amount of non-duty paid alcohol and some counterfeit alcohol being found at the premises in 2011. At this time the licence holder was warned in writing that if similar offences were committed at these premises then trading standards would take action in order to have the premises licence revoked.

The review  ...  view the full minutes text for item 524.

525.

MINUTES OF PREVIOUS MEETING HELD ON 11 FEBRUARY 2015 pdf icon PDF 128 KB

To receive and agree the minutes of the meeting held on Wednesday 11 February 2015.

Minutes:

RECEIVED the minutes of the meeting held on 11 February 2015.

 

AGREED that the minutes of the meeting held on 11 February 2015 be confirmed and signed as a correct record.

526.

MINUTES OF PREVIOUS MEETING HELD ON 25 FEBRUARY 2015 pdf icon PDF 133 KB

To receive and agree the minutes of the meeting held on Wednesday 25 February 2015.

Minutes:

RECEIVED the minutes of the meeting held on 25 February 2015.

 

AGREED that the minutes of the meeting held on 25 February 2015 be confirmed and signed as a correct record.