Agenda and minutes

RESOLVED: That Councillor Brian Salinger be appointed as Chairman.

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The Chairman noted the procedure following an introduction of the members of the subcommittee, the officers, objectors and the licensee.

The Sub-committee considered a Review of the Premises Licence for Deansbrook Supermarket, 207 Deansbrook Road, London, HA8 9BU, together with submissions from the Licensing Officer, Licencee and Objector.

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 to deliberate 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 Chairperson conveyed the Sub-Committee’s decision as follows:

This is a review of the licence for Deansbrook Supermarket 207 Deansbrook Road HA8 9BU. It is brought by the Trading standards department of the London Borough of Barnet and is supported by the Police. The Trading Standards officer was unable to attend today but his report was considered and agreed by the Licensee.

The review relates to the licensing objectives of the prevention of crime and disorder and public safety. It follows an attendance on the premises on 14 June 2016 during which a sizeable amount of non duty paid alcohol and tobacco was seized. It is of note that the goods were found in a cellar the entrance to which had been concealed. In addition further non duty paid goods were found at the premises licence holder’s other shop two doors away. It seems that he admitted the offences and stated that he had knowingly kept non duty paid goods on the premises in order to keep up with competing businesses. At the same time it was noted that the CCTV images were only being stored for 16 rather than the required 31 days.

The guidance to the Licensing Act 2003 lists certain criminal activities that are to be taken particularly seriously on a review, and for which consideration may be given to revoking a licence even in the first instance. The sale of smuggled alcohol and tobacco are on the list.

The Licensee accepts the evidence from Trading Standards and the Police, and that he knew that he was doing wrong (although he later stated otherwise). He states that he stored the goods in a usual area in his shop and not to hide them. He said that he had bought goods from the same man about a month before costing him some £100, but bought a much larger load a couple of days before the visit by HMRC. The value was considered to be some £3-4,000. He had asked for and been promised an invoice but one was not provided. He accepted that no invoice had been provided on the first occasion either.

The Licensee states that he was naïve but has learnt his lesson in dealing with a white van man. He will not do so again. He has yet to comply with the CCTV condition some three months after the breach was found and the inference was that he would do so as soon as he could afford it. He accepted that he was aware of this breach which was apparently caused by his increasing the number of cameras on the premises.  

His representative has tried to agree various extra conditions to go on the licence. The Police have called for revocation but only if the Panel is against this are the conditions agreed. We have considered them but save for the CCTV clauses they seem to have little connection with the problem demonstrated by  ...  view the full minutes text for item 8.

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