Agenda and minutes

Venue: Committee Room, Swanspool House, Wellingborough, NN8 1BP

Contact: Carol Mundy 

Items
No. Item

Lic/15

Apologies for non-attendance

Minutes:

RESOLVED to note there were no apologies

Lic/16

Members declarations of interest

Minutes:

RESOLVED to note there were no declarations made

Lic/17

Notifications of requests to address the meeting

Minutes:

RESOLVED to note that PO Tracey and Mr Poori would address the meeting

Lic/18

Application to transfer premises licence and vary the named designated premises supervisor

Minutes:

The circulated report of the assistant director of regulatory services was received following receipt of an application to transfer the premises licence and vary the name of the designated premises supervisor (DPS) for Rogalik, 51 Midland Road, Wellingborough.

 

A representation had been received from Northamptonshire Police against the transfer and variation of the licence. 

 

The Interim Environmental Health Lead, Mrs Wilcox, detailed the procedure  for the hearing and then presented the report to the sub-committee. She explained that during the consultation period the Police had submitted an objection to the granting of the application on the grounds that the licensing objective, as prescribed by section 4(2) of the Licensing Act 2003, of the prevention of crime and disorder, would not be met.  Full details of the objection were contained within appendix B to the report.

 

Mrs Wilcox explained the background to a previous licensing sub-committee decision from 19 October 2020, relating to the premises.  HM Revenue and Customs (HMRC) along with the Police visited the premises in March 2020, to investigate the illegal sale of cigarettes, where duty had not been paid thereon.  The applicant had been present during the visit.  A further test purchase in April 2020 was conducted, when again cigarettes were sold to a plain clothes police officer, without duty having been paid on them. The premises licence holder and DPS had submitted an appeal to the Magistrates Court, such appeal hearing had yet to be heard and the outcome was therefore pending.

 

In the opinion of the police the application to transfer the premises licence and vary the DPS to the applicant, who had been managing the premises would undermine the crime and disorder objective.

 

The chairman thanked Mrs Wilcox for her presentation.

 

The chairman asked PO Tracey is she wished to address the meeting in relation to the police’s representation.

 

PO Tracey confirmed the facts of the previous incidents in 2020, which had been the subject of the licensing sub-committee in October 2020,  as reported by Mrs Wilcox. She had been the plain clothes officer who had carried out the test purchase when she had been sold Russian cigarettes.  Mr Poori had been present on two occasions when HMRC and the Police had visited in March 2020 and again when she had purchased the cigarettes. The police had no confidence that the licensing objective of the prevention of crime and disorder would be met should the transfer and variation be approved.

 

The chairman then addressed the applicant, Mr Poori and explained that the sub-committee would ask questions of him which he should respond to. Mr Poori said he had limited understanding of the English language but would do his best to respond.

 

The chairman asked him to clarify that he had been present at on the two occasions that the police had visited the premises and whether he had been aware of the sale of contraband goods on the premises.

 

Mr Poori responded that whilst he had been present, he was unaware that the duty  ...  view the full minutes text for item Lic/18

Lic/19

Close of meeting