Agenda and minutes

Hearing Under the Licensing Act 2003 - Friday, 11 July 2014 9:30 am

Venue: THE COUNCIL CHAMBER - FIRST FLOOR, TOWN HALL, TOWN HALL SQUARE, LEICESTER

Contact: Angie Smith 

Items
No. Item

1.

APPOINTMENT OF CHAIR

Minutes:

Councillor Clarke was elected as Chair for the meeting.

2.

APOLOGIES FOR ABSENCE

Minutes:

There were no apologies for absence.

3.

DECLARATIONS OF INTEREST

Members are asked to declare any interests they may have in the business to be discussed.

Minutes:

Members were asked to declare any disclosable pecuniary or other interest they may have in the business on the agenda.

 

There were no declarations.

4.

APPLICATION FOR THE REVIEW OF AN EXISTING PREMISES LICENCE: SCHNAPS OFF LICENCE, 39 WESTERN BOULEVARD, LEICESTER, LE2 7HN pdf icon PDF 172 KB

The Director of Environmental Services submits a report on an application for a review of an existing premises licence, for Schnaps Off Licence, 39 Western Boulevard, Leicester, LE2 7HN.

 

Report attached. A copy of the associated documentation is attached for Members only. Further copies are available on the Council’s website at www.cabinet.leicester.gov.uk or by phoning Democratic Support on 454 6354.

 

Additional documents:

Minutes:

The Director, Environmental Services, submitted a report that required Members to determine an application for a review of an existing premises licence for Schnaps Off Licence, 39 Western Boulevard, Leicester LE2 7HN.

 

Members noted that a representation had been received in respect of the application which necessitated that the application for the review of an existing premises licence had to be considered by Members.

 

Mr Mustafa Keles, the Premises Licence Holder (PLH) and Mr Abdul Rauf staff employee at the premises were present at the meeting. PC Webb, Leicestershire Police was present. The Licensing Officer and the Solicitor to the hearing panel were also present.

 

The Licensing Officer presented the report. It was noted that the review application had been made by the Leicestershire Police on 28th May 2014 on the grounds of the protection of children from harm. Colour photographs of the exterior of the premises were circulated at the meeting.

 

PC Webb outlined the reasons for the review application and answered questions from Members:

 

·        In the last 12 months two test purchases had been failed at the premises by selling alcohol to underage persons despite a request from the premises licence holder for a Challenge 21 pack and a refusals register being kept and staff being trained.

·        The premises had been trading since May 2012 and Mr Keles was an experienced Designated Premises Supervisor who had always worked with the police.

·        The 1st test purchase took place on 9 November 2013 at 5.59pm, when a 15 year old female was sold a bottle of wine by Mr Keles. As PC Webb approached the premises Mr Keles was already on the doorstep and said that he had realised what he had done, but the sale had been concluded.

·        During the “alcohol test purchase” operation, 13 premises were visited and 3 of those sold alcohol to underage persons.

·        An £80 penalty notice was issued and prevention techniques were discussed with Mr Keles who was appreciative of what went on.

·        The 2nd test purchase took place on 15 April 2014 at 7.04pm and involved the same young person; there was 1 member of staff in the shop who sold cider to her. PC Webb returned to the shop and spoke to Mr Keles who had been out at the back of the premises at the time. The member of staff, Mr Rauf, admitted not looking at the girl properly to consider her age.

·        A £90 penalty notice was issued, there having been an increase in penalty charges in the intervening gap between the 2 incidents.

·        The premises were situated in an area frequented by a lot of young people and there needed to be a robust challenge process in place.

·        The shop predominantly sold alcohol and if a person was not in the correct frame of mind they shouldn’t be on duty.

·        The Leicestershire Police asked that a number of conditions be considered by the committee to address the issue:

a.     All alcohol sales be made by the  ...  view the full minutes text for item 4.

5.

CLOSE OF MEETING

Minutes:

The meeting closed at 10.25am.