Agenda and draft minutes

RESOLVED that Councillor John Hart be elected as Chairman.

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The Chairman explained the procedure that would be followed for the meeting.

The Committee considered the application to Review a premises licence under section 51 of the Licensing Act 2003.

RESOLVED that the parties be excluded from the meeting, together with the press and public, in accordance with regulation 14(2) of the Licensing Act 2003 (Hearings and

Regulations) 2005.

The Sub-Committee deliberated in private session, accompanied by officers from HB Public Law and the London Borough of Barnet Governance Service.

The parties to the application were readmitted to the meeting and the Chairman conveyed the Sub-Committees decision as follows:

In the matter of a Review of the Premises Licence of:

Costcutter

7-10 Silkstream Parade, Watling Avenue, London HA8 0EJ

DECISION NOTICE

This is a review of the Premises Licence of Costcutter, 7-10 Silkstream Parade, Watling Avenue, London HA8 0EJ (hereinafter “the Premises”). The Premises is licensed for the sale by retail of alcohol off the premises only. 

The review, under section 51 of the Licensing Act 2003 is brought by the Metropolitan Police by an application dated on 01/03/17. The Police say the following licensing objectives relating to public safety and the protection of children from harm are being undermined. Supporting representations also referred to the prevention of Crime and Disorder. The Police say that this is the case for the following reasons:

1. On 21/10/16 the Premises failed a test purchase whereby four cans of lager were sold to a fifteen year old;

2. On 04/11/16 during a visit to the Premises conducted by the Council in its capacity as responsible authority neither a copy of Part A nor Part B of the Premises Licence could be produced in breach of section 57 of the Licensing Act 2003.

3. On 23/01/17 the Premises failed a second test purchase whereby a bottle of cider was sold to a seventeen year old. The member of staff who sold the alcohol said they did not realise it was an offence to sell alcohol to a person under the age of 18;

4. On 24/01/17, during a joint visit between the Police, HMRC the Council’s licensing team, trading standards and the EHO, 4.2 litres of Whisky and 312 litres of Beer on which it is believed that no UK duty has been paid was found in a storage area at the rear of the Premises. Part B of the Premises Licence could still not be produced.

In addition to this, on 04/11/16 it was found that a CCTV camera was not operational and had not been for over a year. It was also found that footage captured by the CCTV system was not being stored for more than 10 days. On 24/01/17, the defective camera was found to still not be working. The Police submitted that Mr Demirbas had told them that stock was purchased from a man in a white van. The Police had been unable to meet the previous DPS, Mr Dogan, before the Licence was transferred to Mr Demirbas.

The Sub-Committee has reviewed and considered the written and oral evidence and representations set out within the papers and put forward by the parties at the hearing on 21/06/17.

The Licensee did not dispute the events set out by the Police and supported by the Licensing Authority and Trading Standards. The Licensee’s Representative accepted that the Premises had not been well run. Mr Umit Demirbas has since had the Licence transferred into his name and made efforts to improve the way in  ...  view the full minutes text for item 8.

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