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 Metropolitan Police Service representative addressed the sub-committee.  Members had no questions for the police.

The representatives from the premises and their legal representative addressed the sub-committee.  Members had questions for the representatives from the premises. 

All parties were given five minutes for summing up.

The meeting went into closed session at 3.13pm.

The meeting resumed at 3.40pm and the chair read out the decision of the sub-committee.

RESOLVED:

That the council’s licensing sub-committee, having had regard to the application by the trading standards team for a review of the premises granted under the Licensing Act 2003 to P & S Convenience Ltd  in respect of the premises known as  P & S Convenience Ltd, 1 Lockwood Square, Clements Road, London SE16 2HS  having had regard also to all other relevant representations has decided it necessary for the promotion of the licensing objectives to suspend the licence until 31 August 2015, inclusive.

In addition, the conditions agreed between applicant and the responsible authorities during conciliation shall apply.

Reasons

The licensing sub-committee heard from all parties who confirmed that they had agreed a number of conditions prior to the meeting.  The only outstanding matter was that of a proposed suspension and the length that it should be.

The licensing sub-committee considered the facts of the case and the inspection that took place on 8 May 2015 was as a result of a complaint received from a local resident that the premises had sold cigarettes to her 16 year old son, a lottery ticket to her 15 year old son and alcohol to her daughter who was around the age 0f 18 at the time but failed to take steps to verify this.

At the time of the visit one person was working at the premises who was identified as being an illegal immigrant.  Furthermore, a full sized base ball bate was found behind the counter and the employee advised that this was used to deal with difficult customers.  There were also a number of breaches of the licence conditions.

The licensing sub-committee took the view that there were a number of aggravating features, particularly underage sales, the employment of the illegal immigrant and the offensive weapon found at the premises and in the circumstances felt that the suspension was appropriate and proportionate in the circumstances.

Appeal rights

This decision is open to appeal by either:

a)  The applicant for the review

b)  The premises licence holder; or

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

Any appeal must be made to the Magistrates’ Court for the area (or any such area) in which the premises concerned are situated. Any appeal must be commenced by notice of appeal given by the appellant to the justices' chief executive for the Magistrates’ Court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.

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.