Agenda item

The trading standards officer summarised the review application as detailed in the report.  He considered that the licence should be revoked.  There had been a seizure of illicit alcohol in March 2014.  An invoice had been provided but initial checks on the invoice were suspicious.  The licensee had received advice both in writing and at a training session.  The illicit alcohol was found in resealed packs, loose rather than shrink wrapped and had some crooked labels, all of which would have been noticed if advice had been followed.  At the time of the visit there were also a number of conditions that had been breached as witnessed by the police and the licensing and trading standards officers. These included a health and safety condition that had been placed on the licence in 2008 and had only just been completed, but had not been inspected, and a personal licence holder being on the premises at all times. There had been two underage sales during the time that the licensee had been involved with the business.

The police supported the review of the licence and informed the Sub-Committee that the management was not at the high standard you would expect from a premises.

Miss Power, solicitor, supporting the licensee, Mr Kashmiri, passed a document to the Sub-Committee highlighting the changes to be made to help address concerns.  This document would be interleaved with the agenda papers.  She reported that this was a family business.  It was accepted that management was below standard and requested a three month suspension rather than revocation which would both punish and allow enough time to sort out management structure.

Mr Kashmiri stated that he had installed a fingerprint machine, he authorised other staff when not at the premises.  Staff had been trained regarding Challenge 25.  He realised mistakes had been made.  He stated that the licence supported a family with two sons.  He stated that he had provided a small bundle of letters of support.  The Sub-Committee agreed that this bundle be disregarded as it had only been received on the evening of the meeting.

In response to questions Ms Power stated that everything the trading standards officer had stated was accurate except that the licensee had not had anything to do with the business in 2008.  Mr Kashmiri reiterated that he did not have anything to do with the business in 2008 but only in 2010 or 2011. The licensing officer produced a licence transfer document from 2007 to transfer the licence to Mr F Kashmiri and a variation application made in April 2007 with his handwriting and signature. Mr Kashmiri stated he had been manipulated into taking the business over and he was not running the business at this time.  He had been duped.

Mr Kashmiri stated that he would probably take a back seat in the business.  He had not seen breaches but now had CCTV installed. He missed a training session as his wife was pregnant. He stated that the underage sales were made by members of staff, the first was dismissed and the second was taken away from cashier duties.  All problems were now addressed and a three month suspension would give time to attend trading standards training and allow family members to come on board.  Ms Power suggested that Mr Kashmiri was willing to step out of the business.

In summary, the trading standards officer stated that the price indicated on the invoice was not consistent as that stated at the interview.  The previous designated premises supervisor was absent from the premises.  Whether or not Mr Kashmiri was involved in the business in 2008 there was evidence of poor management since 2012 in any event which could lead to a revocation of the licence.

Ms Power requested that the Sub-Committee consider the proposal outlined in page three of her tabled document and apply a three month suspension of the licence.

RESOLVED that the premises licence in respect of Beers, Wines and Spirits be revoked.

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 heard evidence from the trading standards officer that there had been a seizure of illicit Smirnoff vodka in March 2014.  The licensee had, prior to the visit, received advice regarding illicit alcohol both in writing and at a training session.  Licence conditions were also found to have been breached at subsequent visits.  This included a breach of condition which required a personal licence holder to be present at all times when licensable activities were being conducted. The Sub-Committee noted that there had been two underage sales, in October 2012 and September 2013, when Mr Kashmiri was the licensee.

The Sub-Committee noted that it was accepted by the applicant that there had been a serious management failure and proposed that a three month suspension be imposed in order to serve as a punishment and to give the licensee time to change things around.  As it was a family business it would allow time for the licensee to ensure that the management structure improved. He was prepared to step away from the business, if necessary.  The Sub-Committee noted that training had taken place and that family members were now personal licence holders. There was a willingness to attend training offered by trading standards.

The Sub-Committee considered that the licensing objectives of crime and disorder and the protection of children from harm had been seriously undermined by the number of breaches of the law and of licence conditions sustained over a long period of time.  This was compounded by a systemic failure of management. The Sub-Committee concluded that revocation was the only course of action. 

In light of the evidence, the Sub-Committee concluded that the decision to revoke the licence was fair and reasonable.

In making their decision, the Sub-Committee took into account licensing policy 4 regarding shops selling alcohol, policy 9 regarding high standards of management, licensing policy 25 and 26 regarding the illegal sale of alcohol and licensing policy 30 regarding the review of licences.