Agenda and minutes

RESOLVED that Councillor Blatchford be elected as Chair for the purposes of this meeting.

To approve and sign as a correct record the Minutes of the meeting held on 27 July 2016 and to deal with any matters arising, attached.

RESOLVED that the minutes of the meeting held on 27 July 2016 be approved and signed as a correct record.

RESOLVED that in accordance with the Licensing Act 2003 (Hearings) Regulations 2005 that the parties to the hearing, press and public be excluded at a predetermined point whilst the Sub-Committee reaches its decision.

Application for review of premises licence in respect of Cobden News, 113 St. Denys Road, Southampton SO17 2FS, attached.

The Sub-Committee considered the application for review of a premises licence in respect of Cobden News, 113 St. Denys Road, Southampton SO17 2FS.

Mr L Marshall (Trading Standards), PC Alex Boucouvalas (Hampshire Constabulary), Ms S Denley (Public Health), Ms S Sulh (Premises Licence Holder), Ms P Sulh (Premises Licence Holder’s daughter in law), Mr A Sulh (Premises Licence Holder’s son) were present and with the consent of the Chair, addressed the meeting.

The Sub-Committee considered the decision in confidential session in accordance with the Licensing Act (Hearings) Regulations 2005.

RESOLVED that the application for a premises licence be revoked.

After private deliberation the Sub-Committee reconvened and the Chair read out the following decision:-

All parties will receive formal written confirmation of the decision and reasons.

The Sub-Committee has considered very carefully the application for review of the premises licence at Cobden News, 113 St Denys Road, Southampton SO17 2FS by Trading Standards and supported by Hampshire Constabulary and Public Health. It has given due regard to the Licensing Act 2003, the Licensing Objectives, statutory guidance and the adopted statement of Licensing Policy.  Human Rights Legislation has been borne in mind whilst making this decision. 

All the evidence presented both written and given orally today, has been carefully considered and taken into account. The Sub-Committee particularly addressed itself to the licensing objectives for the prevention of crime and disorder and the protection of children from harm.

Having considered all of the above, and all the steps available under section 52, sub section 4, the Sub-Committee has decided to revoke the premises licence. 

Reasons

The Sub-Committee heard evidence relating to multiple criminal offences at the premises. Evidence showed that on at least four occasions alcohol had been sold in breach of the mandatory condition requiring alcohol not to be sold below the cost of duty plus VAT. HMRC had provided a view that at the price stated (which was not considered viable), sourcing of the alcohol was of considerable concern. The price indicated an illicit source. Smuggled goods present many risks including risks to health but in this instance it is noted that Trading Standards believed the goods to be genuine. The Sub-Committee heard that a failure to promptly provide the invoice relating to those goods constituted a criminal offence and that further concerns arose regards the accuracy and credibility of that document. It is an offence for non-duty paid items to be kept at the premises also. Further to this staff at the premises were not lawfully entitled to work in the UK and were not paid – which raises serious concern that other offences may have been committed. Food at the premises was displayed past the sale by date and alcohol was not properly labelled. In addition an underage sale was made at the premises. Public Health gave evidence that confirmed the impact of this type of offending and that the area in which the premises is located is acknowledged as suffering from street drinking. The particular risks posed to  ...  view the full minutes text for item 16.