Agenda and minutes

RESOLVED that Councillor Claire Farrier be appointed as Chairman.

None.

None.

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

The Committee considered an application to review a premises licence for Best One, 76 Hight Street Edgware HA8 73J 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 the Officer from HB Public Law and the Governance Officer.

This was an application for a review of the premises licence for Best One, 76 High Street, Edgware, HA8 7EJ (“the premises”) under s.51 of the Licensing Act 2003.  It was made by the Metropolitan Police and related to the licensing objectives of the prevention of crime and disorder.  It follows a search of the premises on 15 May 2018 whereby alcohol and tobacco, suspected to be non-UK duty paid, were found in the premises.

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.

We have heard oral representations from PC Francesca Downes and PC Vicky Wilcock on behalf of the Metropolitan Police that during a search of the premises on 15 May 2018 numerous items were found in the stock room and shop floor whereby the duty could not be accounted for. We have also considered the section 9 statement of Mathew Allen, High Officer HM Revenue and Customs.  He noted that the following items were seized in May 2018:

1)    Chewing tobacco (RMD + Mirage) 712g

2)    Mixed Polish beer brands 324 litres

3)    Alfreddo mixed wine 85.50 litres.

It was submitted that the keeping of goods on the premises where UK duty had not been paid was in breach of section 112 of the Customs and Excise Management Act 1979.

The total amount of UK excise duty evaded from the seizure is £840. Of particular concern is the sale of chewing tobacco, the sale of which is unregulated, and the fact that there has been an increase in the amount of chewing tobacco which was being sold.

We have also been informed that this is the second seizure of suspected non-duty paid goods – the first being November 2017.

We have heard oral representations from Mr Suresh Kanapathi on behalf of Mr Nadarajah Rajamohan, the premises licence holder, and Mr Rajamohan also spoke on his own account. We were informed that Mr Rajamohan had run the business since 1997, twenty-one years, and had become the premises licence holder since 2005.  Mr Kanapathi explained that due to Mr Rajamohan’s ill health he could no longer do heavy lifting. In 2015, he had gone into partnership with Mr Pirasanthan, who had become the designated premises supervisor (DPS) and had become responsible for the day to day running of the business.  Mr Pirasanthan was responsible for going to the Cash and Carry and purchasing items.  Mr Rajamohan stated that since 2015 he had only been running the shop three days a week and the rest of the time Mr Pirasanthan or other members of staff were in the shop.  He claimed that he was unaware that Mr Pirasanthan had not paid the duty on the alcohol and claimed to be unaware that the premises were selling foreign chewing tobacco.  However, he admitted when questioned that he was aware of the inspection in November 2017, although he had not been in attendance  ...  view the full minutes text for item 8.