Agenda item

RESOLVED:

That the application for a premises licence be refused.

The applicant was not present.

The Licensing Enforcement Officer presented the report which requested the Sub-Committee to consider an application for a new premises licence for Euro Food Centre, 1 Midland Road, Wellingborough.

An application for a new premises licence was received on 30 August 2024.  The appropriate notices were displayed and the advertisement was placed as required. 

The application had requested to allow a licensable activity to take place in a new convenience store:

Sale of alcohol for consumption off the premises:

Sunday to Thursday                        08:00 – 00:00

Friday to Saturday               08:00 – 02:00

Opening Hours:

Sunday to Thursday                        08:00 – 00:00

Friday to Saturday               08:00 – 02:00

During the consultation period, one representation from Northamptonshire Police had been received under the licensing objective of the prevention of crime and disorder.  The Police stated that the Director listed on Companies House was linked with the employment of illegal workers and had been found with illicit tobacco products.  The applicant was also linked to another premises in Wellingborough which had had illegal vapes seized from it and where a positive test purchase for illicit tobacco had been completed.

The Chair invited PC David Bryan, on behalf of Northamptonshire Police, to address the Sub-Committee in support of their representation.  PC Bryan advised that in February 2023, a director of the applicant had been stopped by Lincolnshire Police and found to be in possession of three large boxes of illicit tobacco.  In August 2023, a hand car wash had been visited by Immigration officials and a number of people had been found with no right to work in the UK.  Another premises in Wellingborough had made an application for a premises licence where a number of non-compliant vapes had been found and a positive test purchase for illicit tobacco had been completed.  Subsequently, that application had been withdrawn.  When the application for 1 Midland Road had been received, an email address was linked to the two premises.  The Police believed that there was a link between both premises and the sale of illicit tobacco.  The Police requested that the Sub-Committee considered refusing the application.

RESOLVED that the application for a new premises licence for the premises known as Euro Food Centre, 1 Midland Road, Wellingborough be refused.

Reasons for decision

In reaching its decision the Sub-Committee took into consideration:

•     Licensing Act 2003

•     The s182 Statutory Guidance

•     The Licensing Objectives

•     The report from Rita Groves on behalf of the Council. 

•     Representations of Northamptonshire Police

•     North Northamptonshire Council’s Statement of Licensing Policy

The Sub-Committee unanimously agreed that having regard to the papers, having heard the application and the representations of all parties that there were valid concerns in relation to the operation of the premises and compliance with the conditions of the premises licence.

The Sub-Committee considered that the activities linked to the applicant are serious criminal activities that undermine the licensing objective of the prevention of crime and disorder. The Sub-Committee do not seek to establish the criminal liability of any party in relation to any allegations posed but do seek to ensure the promotion of the licensing objectives at all times.

The Sub-Committee considered the statutory powers available to them and resolved that the application should be refused on the grounds that it is appropriate to do so for the promotion of the licensing objectives.