Agenda and minutes

Panel of the Committee of the Licensing Authority - Thursday, 14th November, 2019 10.00 am

Venue: Council Chamber, Council Offices, Priory Road, Spalding

Contact: Democratic Services  01775 764626

Items
No. Item

1)

Licensing Act 2003 - Application for a transfer of a Premises Licence - To consider an application to transfer a Premises Licence under the Licensing Act 2003 at Delicja, Unit 2, 20 Westlode Street, Spalding, Lincs PE11 2AF (Report of the Shared Public Protection Manager enclosed). pdf icon PDF 81 KB

Additional documents:

Minutes:

LICENSING ACT 2003

TO CONSIDER AN APPLICATION TO TRANSFER A PREMISES LICENCE UNDER THE LICENSING ACT 2003 AT DELICJA, UNIT 2, 20 WESTLODE STREET, SPALDING, LINCS, PE11 2AF

PRESENT

Members of the Panel:

Councillor P Redgate

Councillor H J W Bingham

Councillor J Tyrrell (Chairman)

 

Officers:

H Lawson (Licensing Officer)

 

 

In attendance:

D Naghen (Maples Solicitors (legal advisor to the Panel))

Sgt K Enderby (Lincolnshire Police)

PC Gina McConville (Lincolnshire Police)

Aram Salar (Applicant)

Victoria Cartmell (Solicitor for Applicant)

Alan Ali (Interpreter (Kurdish Sorani) for Applicant)

The Panel considered an application to transfer a premises licence under the Licensing Act 2003 at Delicja, Unit 2, 20 Westlode Street, Spalding, Lincolnshire, PE11 2AF.

The Panel considered the written and verbal evidence presented by all parties, in arriving at this determination. The Panel took due notice of the Licensing Act 2003, in particular sections 42-44 and the Regulations made under it and paragraph 8.101 of the section 182 guidance.

The applicant accepted that he had previously been involved in the sale of non-duty paid cigarettes.  The applicant claimed he had been under a level of duress and that he did not understand the seriousness of being involved in non-duty paid cigarettes.

It is acknowledged that the police should only object in exceptional circumstances and the police representation is that these are exceptional circumstances given the history of problems with non-duty paid tobacco and alcohol in Spalding combined with the admitted history of the applicant.

Whilst the applicant was not convicted in respect of the tobacco offences, the fact that he pleaded guilty to a bail act offence of failing to surrender without reasonable excuse shows a level of disregard for authority.

The fact a court imposed a prison sentence for that offence shows that the breach of bail was serious.

Of additional concern is that the applicant claimed to have taken over the premises from July 2019 but since then there has been a test purchase operation showing a sale to an underage person.

Some of the explanations put forward by the applicant did not stand up to scrutiny.

The determination of the panel is that it is appropriate for the promotion of the crime prevention objective to reject the application.

 

RIGHT OF APPEAL

Under Schedule 5 of the Licensing Act 2003 there is a right of appeal for the applicant to the Magistrates Court. Any appeal must be commenced by notice of appeal given by the appellant to the Magistrates Court within 21 days beginning with the day on which the appellant was notified by the Licensing Authority of the decision appealed against.

 

 

 

 

 

 

Signed: Councillor J Tyrrell (Chairman of the Panel)

Date: 14 November 2019