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Agenda item

Harveys Off Licence, 295 Caledonian Road, N1 1EG - Premises licence review

Minutes:

The licensee did not attend the meeting and the Sub-Committee agreed that it would be in the public interest to hear the application in his absence.

 

The licensing officer reported that the licensee attended training on 14 May and had also sought advice from the licensing team.  However, since that time they had not heard from him.  The licensing team had visited the premises twice and both times the shutters had been down.

 

The trading standards officer reported that the licensee had engaged initially and had attended training but there had been a further underage test purchase and seizure of illicit alcohol following an officer panel in February. There were no refusals logs or training logs and no traceability for the illicit alcohol.

 

The licensing authority fully supported the review.  There had been significant breaches of the licence and there had been illicit alcohol for sale in the premises.  The licensing authority supported revocation of the licence.

 

The police stated that this was a very challenging part of the borough and a crime hotspot. The police had no confidence in the licensee and considered that the licence should be revoked.

 

The public health officer reiterated the concerns raised.

 

RESOLVED

That the premises licence, in respect of Harveys Off Licence, 295 Caledonian Road, N1 1EG, be revoked.

 

REASONS FOR DECISION

The licensee did not attend the hearing and had given no notice that he would not attend. The Sub-Committee considered under Regulation 20 whether it was in the public interest to adjourn and agreed to continue with the hearing. 

 

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 team that, although the licensee had engaged initially, there had followed a further failed test purchase of alcohol by a minor and the seizure of illicit beer. There were no training records, no refusals log and no traceability of illicit alcohol. 

 

The Sub-Committee heard evidence from the Licensing Authority that the licensee seemed unaware of his legal obligations or the licensing objectives and there were significant breaches of conditions.  He had attended training on the 14 May 2019 and had asked advice but the premises were apparently closed when two visits had been made on the previous Wednesday and Friday. He had not responded to the review. 

The Sub-Committee heard evidence from Public Health that they recommended revocation and reiterated the concerns raised.

 

The Sub-Committee heard evidence from the police that it was a very challenging area, a crime hotspot. The police had zero confidence in the ability of the licensee to manage his premises and recommended revocation.   It was essential that someone competent should be in charge of the premises.

 

The Sub-Committee noted that the licensee had failed to engage or to implement advice given despite attending training and going before the officer panel meeting.  These were serious offences and could result in prosecution. It was also significant that he had not attended the Licensing Sub-Committee meeting and seemed to show his lack of concern.

 

Paragraph 11.27 of the home office guidance date April 2018 states that certain criminal activity arising in connection with licensed premises must be treated particularly seriously.  This includes the use of the licensed premises for the illegal purchase of alcohol by minors which impacts on the health, educational attainment, employment prospects and propensity for crime of young people and the use of the premises for the sale or storage of smuggled alcohol.

 

The Sub-Committee took into account Licensing Policy 29 in relation to reviews, Licensing Policy 8 in relation to management standards and Chapter 11 of the Home Office Guidance, particularly paragraphs 11.23 and 11.27.

 

The Sub-Committee considered it appropriate to the licensing objectives, proportionate and in the public interest to revoke the licence.

 

Supporting documents: