Agenda and draft minutes

Licensing Sub-Committee
Wednesday, 5th December, 2018 9.30 am

Venue: Council Chamber - Civic Office. View directions

Items
No. Item

1.

To consider the extent , if any, to which the public and press are to be excluded from the meeting.

Minutes:

RESOLVED that as there was exempt information protected by the Data Protection Legislation, any discussions relating to the exempt appendix would be held in private session.

2.

Declarations of interest, if any.

Minutes:

There were no declarations made at the meeting.

3.

Application for a Review of an Existing Premises Licence - Bargain Beers, 248 Balby Road, Balby, Doncaster, DN4 0QH pdf icon PDF 690 KB

Additional documents:

Minutes:

As the Licence Holder was not in attendance at the outset of the meeting, the

Committee decided to adjourn the proceedings at 9.35 am for a period of 10minutes to reconvene at 09.45 am, to allow telephone contact to be made with the Licence Holder to allow him the opportunity to attend the hearing.

 

4.

Adjournment of Meeting

Minutes:

RESOLVED that the meeting stand adjourned from 9.35 until 9.45 in order to allow the Licensing Officer to contact the licence holder and ascertain if it was their wish to attend the meeting.

5.

Reconvening of Meeting

Minutes:

The meeting reconvened at 9.45 am.

6.

Application for a Review of an Existing Premises Licence - Bargain Beers, 248 Balby Road, Balby, Doncaster, DN4 0QH

Minutes:

The Sub Committee considered an application for a review of an existing premises licence for Bargain Beers, 248 Balby Road, Balby,

 

The review was brought before the Sub-Committee on the grounds of ‘Crime and Disorder’ and ‘Public Safety’ Licensing objectives. A summary of the application was attached at Appendix B to the report.

 

The Sub-Committee noted that the Licence Holder was  not in attendance at the meeting despite having had adequate notification of the hearing in the form of the initial application to review the licence, a notification outside the shop of the review, and the agenda papers. Furthermore, a phone call was also made at the meeting to try to determine the Premises Licence Holder’s whereabouts. Although no contact was made with the Licence Holder at this point, the officer informed the Committee that they had spoken to Mr Mahmood earlier in the week, and he had indicated it was not likely would not be attending. The Committee were advised of all the options open to them, and decided that it was in the public interest to allow the hearing to go ahead as the individuals concerned had been given many opportunities and notice to attend and the process had been clear and transparent throughout.

 

Representations from South Yorkshire Police and Doncaster Council’s Enforcement Team were attached at Appendix F to the report.

 

The Sub-Committee Members, Premises Licence Holder and the Responsible Authorities had received the agenda prior to the meeting.

 

At the commencement of the meeting, the Chair made introductions and outlined the procedure to be followed.

 

Representatives from Trading Standards, the Licensing Authority and the Enforcement Team addressed the Committee and answered questions.

 

All parties were then asked to leave the room whilst the Sub-Committee deliberated on the application and reached a decision.

 

 

RESOLVED that the Licensing Sub Committee considered the application for a Review of the Premises Licence for Bargain Beers, 248, Balby Road, Balby, Doncaster and have taken into account the written representations made and the evidence presented, the steps that are appropriate to promote the Licensing Objectives, the Home Office Guidance and the Statement of Licensing Policy and decided to revoke the licence.

 

The Sub Committee made the decision for the following reasons:-

 

Trading Standards say the Premises Licence Holder (PLH) was not promoting the licensing objectives, and specifically crime and disorder and public safety. Trading Standards stated this case related mainly to the sale of illicit tobacco that does not have the correct packaging, which is in breach of safety regulations making them unsafe, which impacts on the public safety, nor had the correct duly paid on them, which is a criminal offence.

 

The Committee accepts what Trading Services state, in that the premises were selling illicit tobacco as on 10th September 2018 and 25th September 2018, tobacco that does not meet the correct packaging was sold. The Committee believes this was smuggled tobacco. In addition, on a further visit a rucksack was found, containing various types of cigarettes of which most, if  ...  view the full minutes text for item 6.