Agenda and minutes

  Councillor Armitage was elected Chair for the meeting

To identify any applications as late items of business which have been admitted to the agenda for consideration

 (the special circumstances shall be identified in the minutes)

  There were no late items of business

Members are reminded to declare any interests at the start of the hearing on each application for the purpose of Section 81 (3) of the Local Government Act 2000 and paragraphs 8 to 12 of the Members Code of conduct

There were no declarations of interest

To consider the report of the Head of Licensing and Registration on an application received for the Review of the premises licence held at the premises known as “Deli Polska”, 171 Dewsbury Road, Hunslet, Leeds LS11 5EG. The application is made under Section 51 of the Licensing Act 2003 by West Yorkshire Police

(Report attached)

  The Sub-Committee considered an application made by West Yorkshire Police under Section 51 of the Licensing Act 2003 for the Review of a Premises Licence in respect of Deli Polska 171 Dewsbury Road Leeds LS11

  The following were present at the meeting

  West Yorkshire Police  Deli Polska

  (WYP) – the applicant

Mr R Patterson  Miss M Czerwiec – Premises Licence Holder

  PC K Arkle  Mr K Brown – Designated Premises

  Supervisor

Mr J Vantoch-Wood  - Officer of Her Majesty’s Revenue and Customs (HMRC)

Prior to the commencement of the hearing, Mr Brown raised a

procedural matter and stated that Deli Polska was not the name of the premises.  The Legal Services Officer stated that this was the name on the Premises Licence and queried why this had not been raised previously and an amendment sought.  Mr Brown stated this could have been an error on his part; details of how this could be amended and the fee for doing so were provided

  Licensing Officers presented the report and the Sub-Committee heard firstly from West Yorkshire Police

  PC Arkle presented the application and stated WYP were of the view that revoking the Licence was a proportionate and necessary course of action and that although HMRC was not a statutory authority, it supported this view

  The Sub-Committee then heard from Mr Vantoch-Wood of HMRC who explained that his work involved checking for non UK duty paid goods, ie tobacco and alcohol and where these were found they would be seized with the possibility of a wider search being made

  In respect of the premises, visits had been made on several occasions where quantities of non UK duty paid cigarettes and alcohol had been found, with some of the cigarettes being concealed

  PC Arkle highlighted the fact that six months after the Premises Licence had been granted, crime was being committed at these premises and had continued for two years

  Mr Vantoch-Wood outlined a visit made to Miss Czerwiec’s home where large quantities of cigarettes, alcohol and cash were found, with two arrests being made.  In response to questions from the Chair, Mr Vantoch-Wood stated that the spirits were legitimate vodka but that no UK duty had been paid on it.  Similarly there was nothing to suggest that the tobacco in the cigarettes had been tampered with, rather it was a Polish brand, with no UK duty having been paid on it

  Reference was made to the photographic images within the papers submitted for the meeting, with Mr Vantoch-Wood explaining that several images showed a paper towel dispenser in the premises, close to the counter which was found to contain Polish cigarettes.  Cigarettes had also been found under the counter and the alcohol which had been seized had been located on the shelves and in crates

  Members were informed that Miss Czerwiec had another premises in Kirkgate Market which had also been searched by HMRC, with Miss Czerwiec’s father being seen leaving the  ...  view the full minutes text for item 212.