Agenda and minutes

Councillor Brian Salinger, seconded by Councillor Alison Cornelius, nominated Councillor John Hart to preside as Chairman for the meeting.

RESOLVED: That Councillor John Hart be appointed as Chairman for the meeting.

None.

None.

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

The sub-committee considered a New Premises application for Londis, 207 Deansbrook Road, London, HA8 9BU.

The sub-committee heard representations from the appellant and her representative, the Responsible Authority (London Borough of Barnet Trading Standards) and the Metropolitan Police.

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 officers from HB Public Law and the London Borough of Barnet Governance Service.

The parties to the application were readmitted to the meeting.

The Chairman read out the decision of the committee, which was as follows:

This is an application for a new premises licence in respect of Londis 207 Deansbrook Road, London HA8 9BU. It relates to off sales of alcohol and opening hours between 7.00am and 10.00pm every day.

Representations have been received from the Trading Standards department of the Council and the Metropolitan Police, and refer to the prevention of crime and disorder, and public safety objectives.

The objections refer back to a review of the licence in September when it was revoked following the seizure of non duty paid goods on the premises. The Licensee and DPS at the time was  Mr Kishan Hirani. The application now for both positions is in the name of his wife Mrs Dina Hirani. The Police and Trading Standards are concerned that this would effectively just return matters to the same state as when the initial issues arose, and would therefore not promote the licensing objectives.

The applicant has proposed various conditions and it is noted that these are very similar to those put forward at the review hearing. It was not considered at the time that they dealt with the particular problem at the premises. The applicant also states that she will carry out her duties properly. She is adamant that she is fully independent and totally in charge of the premises.

It is not for the panel to decide whether the application is simply an attempt to set aside a previous decision or whether the applicant was a party to, or knew of, her husband’s activities. The issue is what is appropriate to promote the licensing objectives and to treat this application on its own merits.

The Panel is concerned that on 14 June a substantial amount of non duty paid goods with a value of approximately £4,000 was found at both these premises and 211 Deansbrook Road, and that the applicant was the sole director of the limited company owning 211 at the time. In addition to that the applicant admitted that she sometimes worked in 207 Deansbrook Road (it is after all a family business) and in all likelihood sold non duty paid goods even if, as she claimed, she could not then identify such goods. She states that following her attendance on a licensing course she is now able to do so. The applicant stated that she was not aware of the problems with the premises as mostly she worked in the post office section there, but it seems that the post office business was only undertaken in July 2016, after the HMRC visit which found the non duty paid goods. She also stated that she had two young children to care for in June 2016. Clearly the children are not a great deal older now but the applicant states that she will have considerably more time on her hands to run the business.

The Panel  ...  view the full minutes text for item 8.

None.