Agenda and minutes

RESOLVED that Councillor Alison Cornelius be appointed as Chairman.

None.

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

The Sub-Committee considered an application for a review of the premises licence for Euro Express, 23 Queens Parade, 22 Friern Barnet Road, Barnet N11 3DA under s.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 the Officer from HB Public Law and the Governance Officer.

This was an application for a review of the premises licence for Euro Express, 23 Queens Parade, 22 Friern Barnet Road, Barnet N11 3DA (herein after referred to as the “Premises”).  The Premises is licensed for the sale of alcohol off the Premises only.

The review of the premises licence, under s.51 of the Licensing Act 2003, is made by the Metropolitan Police in an application dated 22^nd August 2018.  The application is supported by Trading Standards.  Both responsible authorities say that the Premises is failing to promote the licensing objective of the prevention of Crime and Disorder.  Mr Kurtel attended the Hearing with his legal representative Mr Sutherland and Mr Halil assisted with interpretation, where necessary.

We have heard representations from the Metropolitan Police that following a search of the premises on 16^th August 2018, a number of items were found on the Premises whereby the duty could not be accounted for.  The following items were seized:

(1)  36 Packets of 20 pack Marlborough Gold Original (non-duty paid)

(2)  6.95kg shisha (non-duty paid)

(3)  160g Rolling Tobacco (non-duty paid)

(4)  Two bottles of 70cl High Commissioner Whisky (Counterfeit Duty label)

In addition to the above, three 1L bottles of Smirnoff Vodka were found behind the till with original security caps on them in a Sainsbury’s bag for life. A member of staff admitted to buying these bottles for £30 from someone who walked into the shop selling them.  The individual was arrested and received an adult police caution for handling stolen goods.  Mr Sutherland, representing Mr Kurtul, advised the Sub-Committee at the outset of the Hearing that this individual had been dismissed and no longer worked at the Premises.  However, Mr Kurtel later informed the Sub-Committee that this same individual had only been dismissed recently.  He also advised that this same individual would regularly take money from the till to purchase cigarettes, petrol and replace the money with an “I owe you”.

Mr Kurtul is the Premises Licence holder and the sole designated premises supervisor for the licensed Premises.  Mr Kurtel admitted to purchasing the above seized items for around £300 about two weeks prior to the inspection.  He advised that the goods were purchased with the reluctant consent of the business owner, Mr Cebrail Imrek.  He advised that the reason the goods were purchased was because business had become very slow and difficult.  He explained that this was no excuse but that this was the only time that non-duty UK goods had been purchased and sold from the Premises and it would not happen again.  Mr Kurtul could not advise the Sub-Committee on the quantity of non-duty paid cigarettes he had sold, but that he did not actively advertise the goods to his customers.  It was only if customers enquired about any special offers that he may have told them about the cigarettes. Mr Kurtul advised that it was only non-duty paid goods and not stolen goods that he sold on and the cigarettes  ...  view the full minutes text for item 7.

None.