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, and the applicant.

The Sub-committee considered a review of the premises license for Hendon Way Convenience Store, 403 Hendon Way, London, NW4 3LH, together with submissions from the Licensing officer and the 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 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 Chairman conveyed the Sub-Committee’s decision as follows:

This was an application for a review of the premises licence for Hendon Way Convenience Store, 403 Hendon Way, London NW4 3LH.  The review of the premises licence, under s.51 of the Licensing Act 2003, was made by the Metropolitan Police and relates to the licensing objectives of the prevention of crime and disorder and public safety. It follows a search of the premises under s.23 of the Misuse of Drugs Act 1971 on the 20^th August 2016 whereby a person employed by the current premises owner was found to be in possession of drugs and drug paraphernalia.

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 and distribution of class A drugs are on the list.

Neither the current licensee nor Mr Selbarajah, the current business owner, attended the hearing despite being aware of the hearing today.  We have been informed that notice of the hearing was sent to Mr Selbarajah and a notice of today’s hearing was attached to the premises. PC Akers confirmed that Mr Selbarajah emailed him a copy of the letter dated the 13^th October 2016 sent by the Licensing Authority, which informed him of the hearing today.  We are satisfied that Mr Selbarajah had sufficient notice of the hearing.

We have heard representations from the Metropolitan Police that following a search of the premises on the 20^th August 2016 a large quantity of Class A drugs were found within the vicinity of the premises, and a large quantity of cash and self seal bags was found on the premises.  The employee present at the premises at the time of the search was arrested.  The Police advised us that Mr Selbarajah told them that he had subsequently terminated this individual’s employment.   Furthermore, we are informed that on the 5^th October 2016 a male employee sold alcohol to underage Police Cadets without asking for ID.

We have been informed that the business was sold in August 2015. The Licensing Officer confirmed that to date no written application to transfer the licence and change the DPS has been received. Therefore the licensable activity has been carried out illegally since the business was sold.

During a visit to the premises on the 6^th September 2016, the licence was not on display and the male present at the time could not provide a copy of the current premises licence.  We were advised that conditions 3 and 4 of the licence were not being complied with, namely: no one present at the premises was able to operate the CCTV, four of the cameras were not working and no refusals register was available to inspect.

Paragraph 11.27 of the guidance to the Licensing Act 2003 sets  ...  view the full minutes text for item 10.

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