Agenda and minutes

Councillor Poole welcomed everyone to the meeting, asked members and officers to introduce themselves and informed those present that the procedure was as detailed in the agenda.

Apologies received from Councillor Gill.

Councillor Gantly substituted for Councillor Gill.

If you have a Disclosable Pecuniary Interest* in an item of business:

§  if it is not yet on the council’s register, you must declare both the existence and details of it at the start of the meeting or when it becomes apparent;

§  you may choose to declare a Disclosable Pecuniary Interest that is already in the register in the interests of openness and transparency. 

In both the above cases, you must leave the room without participating in discussion of the item.

If you have a personal interest in an item of business and you intend to speak or vote on the item you must declare both the existence and details of it at the start of the meeting or when it becomes apparent but you may participate in the discussion and vote on the item.

*(a)     Employment, etc - Any employment, office, trade, profession or vocation carried on for profit or gain.

(b) Sponsorship - Any payment or other financial benefit in respect of your expenses in carrying out duties as a member, or of your election; including from a trade union.

(c) Contracts - Any current contract for goods, services or works, between you or your partner (or a body in which one of you has a beneficial interest) and the council.

(d) Land - Any beneficial interest in land which is within the council’s area.

(e) Licences- Any licence to occupy land in the council’s area for a month or longer.

(f) Corporate tenancies - Any tenancy between the council and a body in which you or your partner have a beneficial interest.

 (g) Securities - Any beneficial interest in securities of a body which has a place of business or land in the council’s area, if the total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body or of any one class of its issued share capital. 

This applies to all members present at the meeting.

None.

The order of business was as the agenda.

RESOLVED

That the minutes of the meetings held on the 22 September 2014, the 2 October 2014 and the 18 November 2014 be confirmed as a correct record of proceedings and the Chair be authorised to sign them.

The Sub-Committee heard from the license Mrs Kidane, that she had not received the notification of hearing but was only aware of the meeting following the receipt of an email the previous day.  She had also been unable to contact her solicitor. The licensing officer reported that the notification of the hearing had been sent to both the home and the business address.

The Sub-Committee was satisfied that notification had been despatched in good time and informed the licensee that the majority of licensees did not have legal representation.  The Sub-Committee agreed to proceed with the review on that basis.

The trading standards officer reported that they recommended that the licence be suspended and conditions added.  The trigger for the review was that wine was seized, believed to be non-duty paid, in March 2014.  The licence holders were out of the country at the time and had left Mr Habetesellaisse in charge of the shop.  He was a personal licence holder and should have been suspicious of the wine. Wine had also been seized in September 2012.  The licence holders were out of the country on business at this time and the matter could not be resolved promptly. The officer stated that in their favour there had been no further problems with underage sales since one had been made in February 2011, despite three test purchases.  All spirits seemed legal when recently checked. He stated that the business did not seem to have any other regulatory issues.  The business was offered the option of voluntarily not selling alcohol and adding conditions to the licence but the licensees chose not to accept this offer.  He invited the Sub-Committee to impose a suspension, add proposed conditions and also add an additional condition relating to the responsiveness of the designated premises supervisor or the licensee.

In response to questions the trading standards officer reported that the extra condition suggested was not usual, but in this particular case, where there had been issues with prolonged absences of the licensees, it was believed to be proportionate.

Mrs Kidane, the licensee, stated that they had left Mr Habetesellaise in charge while away.  He had bought the alcohol during this time.  He had now been removed from the business.  Mrs Kidane had been full time at the business for the past six months and was taking responsibility.  A friend supporting Mrs Kidane stated that Mr Habetellaise had been the manager for about a year and he was the problem.  Mrs Kidane knew the proper way to purchase alcohol and had CCTV.  The solicitor had advised not to accept the voluntary suspension.  All other proposed conditions were met. 

In response to questions the Sub-Committee noted that Mrs Kidane had read the Licensing Policy. She understood that the standards of management would need to be robust.  She would be responsible for the premises and would be on-site.  It was stated that she would not be returning to Ethiopia but would be permanently in this country. 

In summary,  ...  view the full minutes text for item 47.