Agenda item

The licensing authority reported that the licensee was working at the premises when contraventions of the licence took place.  It was acknowledged that he was now taking steps to improve and it was considered he would benefit from training and a suspension where he could take a step back.  It was considered that a short suspension would be in order.

The police stated that the premises needed strong leadership and raised concerns that the licensee and his business partner were working in the premises when contraventions took place.  He recommended that Mr Has was not to be involved in the premises.

The trading standards officer stated that there had been a lack of engagement, including engagement from the new licensee.  He had not sought his advice or attended training sessions despite dates being advised. He considered that a suspension was appropriate to encourage engagement and also considered that further conditions be added to the licence. 

The licensee’s representative was concerned that if conditions were accepted there should not be a suspension of the licence as this had not been detailed in the representation from the trading standards officer.  He stated that there should only be modification of the licence as detailed at page 277 of the agenda.   He stated that the shareholder had not engaged but since September there had been a substantial improvement from the licensee and his business partner.  The previous owner would not be engaged in the business.  The Sub-Committee were reminded that it was the Licensing Authority who had applied for the review and the recommendations were detailed in the review.

RESOLVED

1)       That the premises licence, in respect of Nisa Local, 69-91 Holland Walk, N19 3XU be suspended for a period of five weeks.

2)       That the licence also be modified to add the following conditions:-

·        Mr Ali Has is not to be involved in or own the business.

·        After evidence of any legal non-compliance relevant to the promotion of the licensing objectives is found, the licensee shall attend a meeting, upon reasonable request, with appropriate responsible authorities at the Council offices or other suitable location. This condition does not require the licensee to any anything while under caution.

·        The licensee and designated premises supervisor will not unreasonably refuse to attend any low-cost training for off-licence managers put on by the Council.

REASONS FOR DECISION

The Sub-Committee listened to all the evidence and submissions and read all the material. The Sub-Committee reached the decision having given consideration to the Licensing Act 2003, as amended, and its regulations, the national guidance and the Council’s Licensing Policy.

The Sub-Committee noted that the report was incorrect in that this was a licensing authority review and not a police review.

The Sub-Committee heard from the licensing authority that the licensee was working at the premises when there were clear contraventions of the licence, in particular in relation to underage sales and illicit alcohol on the premises. The licensing authority stated that although the licensee was taking steps it was the authority’s view that he would benefit from training and some time to step back and consider the importance of running this type of premises. The licensing authority pointed out difficulties in the area with street drinkers and underage drinking.  The Sub-Committee noted the licensing authority’s recommendation that there be a short suspension. 

The Sub-Committee heard from the police that the two new owners had been at the premises when there were problems. The Sub-Committee noted the police recommendation that the previous owner be prevented from having any part in the business. 

The Sub-Committee heard evidence from trading standards that there were areas of concern regarding non duty paid alcohol and non-engagement from the new owners. Trading standards were concerned that the new owners had not sought advice in relation to the transfer and had not booked any staff on the Council training.  The Sub-Committee noted the trading standards recommendation that suspension would be appropriate to allow the owners to engage. Trading standards also recommended the addition of further conditions. 

The Sub-Committee heard evidence from the licensee’s representative that there had been substantial improvements since September and that the licensee was happy to attend meetings and low cost training. The licensee’s representative stated that the previous owner would not be involved in the running of the business.

The Sub-Committee noted the evidence given in the transfer application (as detailed under Item B3 in the minutes).

The Sub-Committee was concerned, that, in light of the previous problems at the premises, it was important that the previous owner be removed from the running of the business.  Under the previous management there was a history of non-compliance, underage sales and non-duty paid alcohol. The Sub-Committee noted the improvements at the premises under the new owners but wanted to ensure that, in light of the joint directorship, there was a proper separation of ownership.  The Sub-Committee noted that the sale should complete in about eight weeks, and therefore concluded that a five week suspension (together with the three week appeal period) would allow the sale to complete and the removal of the previous owner from the running or ownership of the business. The suspension would also allow for any extra necessary staff training. 

The Sub-Committee concluded that this suspension together with the additional conditions, particularly in relation to the previous owner, would promote the licensing objectives and was proportionate and appropriate in the circumstances.

The Sub-Committee considered licensing policy 30 in relation to reviews of licences and the home office guidance, particularly paragraphs 11.16 – 11.23.

Note of the Committee

The Sub-Committee would expect the licensee to be able to produce evidence that the sale has completed.