Agenda and minutes

Licensing Sub-Committee
Tuesday, 27th February, 2018 10.00 am

Venue: Civic Hall, Leeds

Contact: Governance Services  Copies of the full report with appendices are available on request from the clerk. For details of the new premises licence please contact Entertainment Licensing on 0113 378 5029 after the hearing.

Items
No. Item

1.

Election of the Chair

Minutes:

RESOLVED – That Councillor Hyde be elected as Chair for the duration of the meeting.

2.

Appeals Against Refusal of Inspection of Documents

To consider any appeals in accordance with Procedure Rule 15.2 of the Access to Information Procedure Rules (in the event of an Appeal the press and public will be excluded)

 

(*In accordance with Procedure Rule 15.2, written notice of an appeal must be received by the Head of Governance Services at least 24 hours before the meeting)

 

Minutes:

There were no appeals against refusal of inspection of documents.

3.

Exempt Information - Possible Exclusion of the Press and Public

 

1)  To highlight reports or appendices which:

 

a)  officers have identified as containing exempt information, and where officers consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons outlined in the report.

 

b)  To consider whether or not to accept the officers recommendation in respect of the above information.

 

c)  If so, to formally pass the following resolution:-

 

  RESOLVED – That the press and public be excluded from the meeting during consideration of those parts of the agenda designated as containing 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 press and public were present there would be disclosure to them of exempt information

 

2)  To note that under the Licensing Procedure rules, the press and the public will be excluded from that part of the hearing where Members will deliberate on each application as it is in the public interest to allow the Members to have a full and frank debate on the matter before them.

Minutes:

There were no exempt items.

4.

Late Items

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)

 

Minutes:

There were no late items.

5.

Declarations of Disclosable Pecuniary Interests

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.

 

Minutes:

There were no declarations of disclosable pecuniary interests.

6.

Review of the Premises Licence for Krakow Mini Market (formerly Continental Foods), 35 Town Street, Armley, Leeds, LS12 1UX pdf icon PDF 55 KB

To receive and consider the attached report of the Head of Elections, Licensing and Registration regarding an application for the review of a licence for Krakow Mini Market (formerly Continental Foods), 25 Town Street, Armley, Leeds, LS12 1UX

Additional documents:

Minutes:

The report of the Head of Elections, Licensing and Registration informed Members of an application to review a Premises Licence under Section 51 of the Licensing Act 2003, sought by West Yorkshire Trading Standards in respect of Krakow Mini Market (Formerly Continental Foods), 35 Town Street, Armley, Leeds, LS12 1UX.

 

Members were informed the Premises Licence Holder was Mr Arman Solymani who was also the Designated Premises Supervisor. Mr Arman Solymani was present at the hearing.

 

The application for review of the premises licence was made on the grounds of the prevention of crime and disorder, public safety and the protection of children from harm.

 

Members heard the grounds for this review centred on the premises dealing in illegal tobacco products. The main issues for the review were set out at point 6.0 to 6.10 of the submitted report.

 

Members noted that witness statements had been provided with the papers for the meeting.

 

Two officers from West Yorkshire Trading Standards Service (WYTSS) were present at the meeting.

 

WYTSS explained to the Sub-Committee that these premises had been a problem premises since 2015. Members were informed that intelligence received suggested that the premises were dealing in illegal tobacco. Officers from WYTSS had visited the premises on a number of occasions and also conducted test purchases.

 

Members were informed of the following points:-

·  On 30/03/17 Officers from WYTSS carried out an inspection of the shop and found 3200 illegal cigarettes;

·  On 26/09/17 officers from WYTSS carried out a test purchase and was sold a 50g packet of Golden Virginia tobacco for £13 which normally retails much higher;

·  On 28/09/17 officers from WYTSS carried out an inspection of the shop where 1220 illegal cigarettes were found concealed in the wall and in a  bag in the bin outside the back of the shop;

·  Some of the tobacco products were foreign labelled and non UK duty paid and did not bear the statutory health warnings:

·  Some of the tobacco products confirmed to be counterfeit in contravention to the Trade Marks Act 1994:

·  Complaints received in relation to illegal tobacco products goes back to 2015 prior to Mr Solymani’s ownership of the premises;

·  WYTSS believed that Mr Solymani was leasing the premises and was the DPS. WYTSS said that they had been unable to contact the premises owner;

·  Complaints had been received from legitimate businesses.

 

In response to Members questions and comments the following points were made:-

·  The penalties imposed by the courts did not deter offenders from continuing to sell illegal tobacco products;

·  Selling illegal tobacco products was a big problem and WYTSS had limited resources to deal with the problem;

·  Test purchases using children had not been undertaken at Krakow Mini Market;

·  Standard procedure is for written warning letters had been sent after all incidents;

·  Next steps would be enforcement;

·  There was no evidence to suggest that illegal alcohol was being sold from the premises.

 

Mr Solymani informed the Sub-Committee that he had not concealed the tobacco when WYTSS had come into his  ...  view the full minutes text for item 6.