Agenda and draft minutes

It was proposed by Councillor Lee and seconded by Councillor Bone that Councillor Ekins be elected as chair for this licensing panel.

Resolved to note that Councillor Ekins was elected as Chair for this panel.

Resolved to note that there were no apologies for absence.

Resolved to note there were no declarations of interest made.

The Licensing Enforcement Officer introduced the report which asked the Panel to consider the transfer and variation of a premises licence and application to specify an individual as Designated Premise Supervisor (DPS) for USA Off License, 136-138 High Street Rushden.

It was RESOLVED that:

·       the application to transfer the Premises Licence be REFUSED

·       the application to specify the individual as Designated Premises Supervisor be REFUSED

Reasons for Decision:

The Sub-Committee took into consideration:

·       The Licensing Act 2003

The Sub-Committee has taken into consideration the relevant sections of the Act

·       The Section 182 Statutory Guidance

The Sub-Committee has considered and taken into account the most recent edition of the Secretary of State Section 182 Guidance issued April 2018.

·       The Statement of Licensing Policy (North Northamptonshire Council)

The Sub-Committee has considered and taken account of the Council’s statement of licensing policy

·       The Licensing Objectives

The prevention of crime and disorder

Public safety

The prevention of public nuisance

The protection of children from harm

The Sub-Committee heard representations from Samantha Edmunds (Health Protection Manager) .Ms Edmunds set out the details of the report that had been published in relation to this matter being the applications had been made and representations received from Northamptonshire Police.

PC David Bryan attended the hearing and under his delegated authority by the Chief Officer of Northamptonshire Police. PC Bryan presented their objection under the licensing objective of the prevention of crime and disorder. The details being that Mr Kamal had been a licence holder at a premises in Northampton that had been subject to test purchases for duty not paid illicit tobacco on 9 September 2021, 30 September 2021 and 5 January 2022. Mr Kamal was also the sole director of the company operating from the premises at that time. PC Bryan also provided information regarding a joint operation between Trading Standards and Northamptonshire Police carried out in October 2022 that found illicit tobacco at USA Off Licence (International Supermarket) 136-138 High Street, Rushden, NN10 0PD.

It was noted that Mr Kamal was not present before the Sub-Committee.

As the application to transfer the premises licence cannot support the licensing objective of the prevention of crime and disorder due to the sales of illicit tobacco, the Sub-Committee rejected the application.

As the application to specify an individual as Designated Premises Supervisor undermines the licensing objective of the prevention of crime and disorder due to the sales of illicit tobacco, the Sub-Committee rejected the application