Agenda and minutes

Councillor Gettings was elected Chair of the meeting

RESOLVED -  That the public be excluded from the meeting during consideration of that part of the agenda designated as exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present there would be disclosure to them of exempt information so designated as follows:

a)  Appendix D of the report and the supplementary documents referred to in minute 197 both in terms of Regulation 14 of the Licensing Act 2003 (Hearing Regulations 2005) and the Licensing Procedure Rules, and Access to Information Procedure Rule 10.4 (7) on the grounds that it is not in the public interest to disclose the documents as they include information relating to any particular person and may contain information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime

b)  To note that the press and public will also be excluded from that part of the hearing where Members deliberate the application as it is in the public interest to allow the Members to have full and frank debate on the matter, as allowed under the provisions of the Licensing Procedure Rules

There were no formal late items, however the following additional information for inclusion in Appendix D had been circulated in advance of the meeting to all relevant parties:

·  typed versions of the witness statements for ease of reading

·  a further page of one witness statement

·  statements from Trading Standards Officers

Additional information in the form of letters of support were also

circulated

A preliminary matter was raised regarding the submission of additional

information.  The legal representative, Mr Cordingley, for the Premises Licence Holder advised that he had submitted supporting letters on behalf of his client but that these had not been included in the bundle.  Members were advised these had been submitted after the cut-off date for submission of further information.  PC Dobson of West Yorkshire Police (WYP) confirmed that WYP had no objection to them being admitted but stated there had not been time for the content of the documents to be checked.  The Chair agreed to accept these documents, whilst noting the points made by PC Dobson

  Mr Cordingley stated he had not received the witness statements from West Yorkshire Trading Standards which had been circulated.  Copies of these documents were provided to Mr Cordingley and his clients, with the Chair advising that both sets of additional documents would be treated by the Licensing Sub-Committee in the same way

To disclose or draw attention to any disclosable pecuniary interests for the purposes of Section 31 of the Localism Act 2011 and paragraphs 13-16 of the Members’ Code of Conduct.

There were no declarations of disclosable pecuniary interest

To consider a report of the Head of Licensing and Registration in respect of an application for the review of a Premises Licence under Section 51 of the Licensing Act 2003, sought by West Yorkshire Police in respect of Church Lane Off Licence 78 Church Lane Manston LS15 8JE

Appendix D is considered to contain exempt information under Access to Procedure Rule 10.4 (7) and Paragraph 14 of the Licensing Act 2003 (Hearings Regulations 2005)

(report attached)

The Licensing Sub-Committee considered an application made by West Yorkshire Police under Section 51 of the Licensing Act 2003 for a review of a Premises Licence in respect of Church Lane Off Licence, 78 Church Lane Manston LS15

Present at the hearing were:

  PC Dobson – West Yorkshire Police (WYP)

  Sergeant Shaw – WYP

  Mr R Patterson – WYP

  Mr Box – local resident and witness

  Ms Emms – local resident and witness

  Ms Bradley – local resident

Mr Parvinder Singh Kang – Premises Licence Holder and Designated Premises Supervisor

  Mr Harpal Kang – Father of the Premises Licence Holder

  Mr Cordingley – Agent for the Premises Licence Holder

  The Licensing Officer presented the report, outlined the operating hours permitted in the premises licence, confirmed that by choice, the premises opened each day for 3 hours only, from 19.00 – 22.00 and the steps the Sub-Committee could take when determining the review

  The Licensing Sub-Committee then heard from PC Dobson who stated that a review of the premises licence had been brought due to suspicions that the premises were supplying alcohol to children or to adults for the consumption of children waiting outside the store; they had suspected this for some time..  Local residents had come forward to state they had seen under 18s congregating outside the premises shortly before it opened and had witnessed proxy sales.  The statements of two mothers who had experienced their daughters being drunk and therefore vulnerable were also highlighted to Members, with those young people having indicated they had obtained the alcohol from the premises.  The problems of disorder and anti-social behaviour from alcohol fuelled young people were also outlined and the impact this behaviour had on the lives of local residents

  The fact there had not been any failed test purchase for alcohol at the premises was not conclusive in view of the evidence provided by local residents, with the view being that alcohol was sold only to those children known to the proprietors or through proxy sales

  Members’ attention was drawn to the plan of the shop included in the bundle and it was stated that the layout of the shop had changed, with the counter now being near to the door.  Members were informed by Mr Kang that the layout of the premises had been changed on the advice of WYP, following thefts from the store

  Reference was made to letters sent by WYP to Mr Pavinder Singh Kang, who was also known as Michael, inviting him to meetings to discuss the concerns which had been raised, which were not responded to.  Mr Kang stated that he did not recall having received these letters; that he did not have a problem with postal deliveries and in the event they had been sent to the accommodation above the premises, he had access to this

Details were also provided in respect of a telephone conversation PC Dobson had with a man purporting to be Pavinder Singh Kang, who then admitted to being  ...  view the full minutes text for item 197.