Agenda item

The licensing officer presented their report.  Members had no questions for the licensing officer.

 

The trading standards officer, the applicant for the review, addressed the sub-committee.  Members had questions for the trading standards officer.

 

The licensing officer representing the council as a responsible authority addressed the sub-committee.  Members had questions for the licensing officer.

 

The legal representative and the designated premises supervisor (DPS) for the premises addressed the sub-committee.  Members had questions for the DPS and their legal representative.

 

All parties were given five minutes for summing up.

 

The meeting adjourned at 4.16pm for the sub-committee to consider its decision.

 

The meeting reconvened at 4:25pm and the chair advised all parties of the decision.

 

RESOLVED:

 

That the council’s licensing sub-committee, having considered an application made under Section 51 of the Licensing Act 2003 by trading standards for the review of the premises licence issued in respect of the premises known as Sehra Supermarket, 154 Camberwell Road, London SE5 0EEhaving had regard to all other relevant representations has decided it necessary for the promotion of the licensing objectives to:

 

1.  Suspend the premises licence for a period of 3 months.

 

2.  Modify the premises licence by way of adding the following conditions:

 

  i.  That a challenge 25 scheme shall be maintained at the stalls selling alcohol requiring that staff selling alcohol request that any customer who looks under 25 years old, and who is attempting to purchase alcohol, provides valid photographic identification proving that the customer is at least 18 years old. Valid photographic identification is composed of a driving licence, passport, UK armed services ID card and any Proof of Age Standards Scheme (PASS) accredited card such as the Proof of Age London (PAL) card.

 

  ii.  That all staff involved in the sale of alcohol shall be trained in the prevention of sales of alcohol to underage persons, and the challenge 25 scheme in operation at the stall. A record of such training shall be kept/be accessible at the stall at all times and be made immediately available for inspection at the stall to council or police officers on request. The training record shall include the trainee’s name (in block capitals), the trainer’s name (in block capitals), the signature of the trainee, the signature of the trainer, the date(s) of training and a declaration that the training has been received. 

 

  iii.  That clearly legible signs shall be prominently displayed where they can easily be seen and read by customers stating to the effect that a challenge 25 policy is in operation at the premises, that customers may be asked to provide proof of age and stating what the acceptable forms of proof of age are. Such signage shall be displayed at all entrances, points of sale and in all areas where alcohol is displayed for sale. The signage shall be kept free from obstructions at all times.

 

  iv.  That a register of refused sales of alcohol shall be maintained in order to demonstrate effective operation of the challenge 25 policy. The register shall be clearly and legibly marked on the front cover as a register of refused sales, with the address of the premises and with the name and address of the licence holder. The register shall be kept / be accessible at the premises at all times. The register shall be made immediately available for inspection at the premises to council or police officers on request. 

  v.  That no beers / ciders in single cans, bottles or multipacks with an ABV of above 6.5% will be displayed / sold or offered for sale from the premises, unless prior written permission has been obtained from a Metropolitan Police Licensing Officer fro Southwark. Such permission must be kept at the premises and made available immediately on request to the relevant authorities.

 

  vi.  That the premises license holder shall ensure that spirits in re-sealed cans will not be purchased.

 

  vii.  That the premises license holder shall ensure that invoices (or copies) of all alcoholic goods purchased (for retail sales at the shop) will be kept on the premises and made available to officers of the council, police or HMRC upon request.

 

  viii.  That the designated premises supervisor, all staff and personnel involved in the sale or supply of alcohol shall receive independent training on all aspects of the Licensing Act 2003 and the conditions attached to the particular licence.  This training will be undertaken by all staff and personnel involved in the sale or supply of alcohol every six months. A training record of the same will be maintained and shall be kept/be accessible at the premises at all times. Training record(s) shall be made immediately available for inspection at the premises to council or police officers on request. 

 

Reasons

 

This was an application by the council’s trading standards team under Section 51 of the Licensing Act 2003, for the review of the premises licence in respect of the premises known as Seehra Supermarket, 154 Camberwell Road, London SE5 0EE.

 

The licensing sub-committee heard from the an officer from the trading standards team, the applicant to the review who advised that the application was submitted in respect of the prevention of crime and disorder licensing objective following criminal offences having taken place at the premises.

 

On 20 March 2019 officers from trading standards, licensing team and police from the night time economy team attended the premises of Sehra Supermarket following a failed test purchase of a can of Karpackie 9% ABV lager being made. The Karpackie 9% ABV lager cost £1.30 for a 500ml can. The minimum price for this item, (being duty plus VAT) would be £1.34; the case was sold four pence below the minimum price – which is simply the taxes on the product. TheKarpackie was seized as it was believed ithadbeensmuggledintothe UK fromPolandwithout the paymentofduty. A considerable amount of other spirits, bitters and lagers was seized for failing to carrytherequireddutystamps. Spirits revealedhad counterfeitrearlabels, counterfeit dutystamps and counterfeitcompany trademarks.These are commonlyfoundon products thathavebeen producedintheUK forexportandtherefore free of UK duty. TheproductsarethendivertedbackontotheUKmarketbeforereachingtheirport of departure.These particular itemshadnoUKdutymarks, the rearsticker removed andreplacewitha counterfeitone.

 

The designated premises supervisor (DPS) was subsequently interviewed under caution and admitted the offences:

 

·  Contravention of Section 144 of the Licensing Act 2003 – knowingly keeping on licensed premises smuggled goods (being super strength beers and spirits).

 

·  Offer and sale of duty evaded super strength beers and spirits – Customs and Excise Management Act.

 

·  Contravention of Section 136 of the Licensing Act 2003 – contravention of a mandatory premises license condition that alcohol should not be sold below the minimum price – Karpackie 9% ABV lager on sale at £1.30 when the minimum price was £1.34.

 

·  Failure to produce traceable invoices for all super strength beers purchased – General Food Hygiene Regulations 2013, Regulation 19.

 

·  Contravention of Regulation 12 of the Consumer Protection from Unfair Trading Regulations 2008 – engaging in a commercial practice creating the impression that a product can be sold legally when it cannot.

 

·  Contravention of Section 92 of the Trade Marks Act 1994 – use of a registered trade mark without the approval of the trade mark holder.

 

The matter was disposed of by way of a caution.

 

The licensing sub-committee then heard from licensing as a responsible authority who supported the review application on the grounds of prevention of crime and disorder stating that the conditions on the premises licence did not fully promote the licensing objectives. The officer added that if the sub-committee were not minded to revoke the premises licence, more robust conditions to promote the licensing objectives and a period of suspension whilst this is implemented would be recommended as an alternative.

 

The representative for the DPS and owner of the premises advised that there was no dispute of the facts of the case. The DPS stated that it would never happen again. His brother was assisting in the premises, who purchased the items from an individual that came to the shop whilst the DPS was away from the shop. The items had been displayed for purchase in the shop for one day only.  During the discussion stage of the meeting the DPS agreed to co-operate with trading standards and provide his brother’s details so he could also be interviewed by trading standards.  He also accepted that he had also bought some African bitters from another licensee. In mitigation the DPS was remorseful and stated it would never happen again and that the premises was the only income he had for his family.

 

The licensing sub-committee considered the matter very carefully. The matters put before the sub-committee were criminal offences and undermine the licensing objectives. The premises are located in the Camberwell Green ward which has a serious problem of alcohol dependent residents and where there is a number rehabilitation facilities. Selling alcohol below the minimum price takes advantage of this vulnerable group of residents. The sale of issueofthesaleofhighstrengthbeersandciderscontinuestobea problemin theLondonBoroughofSouthwarkandhasa majorimpactonpublichealthandthe wellbeingofthelocalpopulation.Theissueofillegalalcoholingeneralcontinuestobea majorissueacrossthe borough andisnotcompatible with the licensing objectives.  The licensing sub-committee were minded to revoke the premises licence, but considered the overall effect this would have on the  licence holder’s family. A significant period of suspension is required to divert alcohol dependent customers from purchasing cheap alcohol from Sehra Supermarket. This would also allow the additional all staff and personnel to receive training on the Licensing Act in additional to the new robust conditions that this sub-committee have attached to the premises licence.

 

In reaching this decision the sub-committee had regard to all the relevant considerations and the four licensing objectives and considered that this decision was appropriate and proportionate.

 

Appeal Rights

 

This decision is open to appeal by either:

 

a)  The applicant for the review

b)  The premises licence holder

c)  Any other person who made relevant representations in relation to the application  

 

Such appeal must be commenced by notice of appeal given by the appellant to the justices’ clerk for the Magistrates’ Court for the area within the period of 21 days beginning with the day on which the appellant was notified by this licensing authority of the decision.

 

This decision does not have effect until either

 

a)  The end of the period for appealing against this decision; or

b)  In the event of any notice of appeal being given, until the appeal is disposed of.