Agenda and minutes

RESOLVED: That Councillor John Hart be appointed as Chairman

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The Chairman noted the procedure following an introduction of the members of the sub-committee, the officers, objectors and the applicant.

The Sub-committee considered a Review of Premises Licence for Castle Food and Wine, 50 Cricklewood Lane, London, NW2 2HG, together with submissions from the Licensing Officer, Responsible Authority and Applicant.

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 retired in private session, accompanied by the council’s legal and governance officers, to consider the facts of the application and the measures necessary (if any) to ensure the promotion of the licensing objectives.

The parties to the application were readmitted to the meeting and the chairman conveyed the Sub-Committee’s decision as follows:

This is a Review of the licence for Castle Food and Wines 50 Cricklewood Lane, NW2 2HG. It was initially set for 16 August but was adjourned in the public interest at the request of the licensee.

This is a Review of the licence for Castle Food and Wines 50 Cricklewood Lane, NW2 2HG. It was initially set for 16 August but was adjourned in the public interest at the request of the licensee.

The review is brought by the Police based on a list of events in which the licensee has allegedly been in breach of licensing conditions and regulations while Mr Kale and his family have been in effective control of the premises despite a condition that he should not be. We have noted the statement from HMRC concerning visits to the premises and those at 48 Cricklewood Lane on 16 May 2016, 7 January 2016, and going back to 16 March 2006. These attendances disclosed in particular that there were numerous items for sale on which no duty had been paid. There were other breaches in addition.

The Police also refer to incidents in 2005/6 when alcohol was sold at the premises when it did not have a licence to do so. On 15 December 2005 a closure notice was served on Mr Kale. In 2012 a review of the licence was held in which the Police stated that Mr Kale was still operating the business. The licence was later surrendered but a new one granted again with a condition that Mr Kale took no part in licensable activities at the premises.

In 2015 there were visits in which the condition relating to CCTV seemed to be being breached. The Police argue that the latest incidents in January and May 2016 were serious enough but that taking into account the history of the premises it would be appropriate to revoke the licence. 

The licensee accepts all of the above incidents. On 1 August 2016 the premises licence was transferred to Mr Ali Kuran who has also been appointed as the DPS. He says that he did not know Mr Kale until he agreed to buy the business from him, and is not a front man put forward by Mr Kale in order to defeat the review. He has produced an assignment of the goodwill of the business to show that he has no ties with Mr Kale.

Paragraph 11.27 of the guidance to the Licensing Act 2003 sets out various matters that are to be treated as being particularly serious and these include the sale of smuggled tobacco and alcohol.  If it is determined that the crime prevention objective is being undermined we are expected to consider seriously the revocation of the licence even in the first instance. Here this type of contravention has happened twice in 2016 and once in 2006.

Clearly it would be inappropriate to  ...  view the full minutes text for item 9.

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