Agenda and minutes

Apologies were received from Councillor Bruce Baker and Councillor Brian Stead acted as substitute.

Councillor Judy Kelly declared a personal interest in Item 6 as the application was in South Ruislip ward. She remained in the room, took part in discussions and voted on the item.

All items were considered in Part 2.

None

The Councils Licensing Officer presented the report to the Sub-Committee.

Mr Martin King, Team Leader, Trading Standards stated that an application for a Review  of the premises licence for Costcutter, 268 Yeadling Lane, Hayes was submitted on 22^nd November 2011 and related to the following licensing objectives:

Prevention of crime and disorder

a.         Contraventions of the Alcoholic Liquor Duties Act 1979

b.         Contraventions of the Duty Stamps Regulations 2009

c.         Contraventions of the Trade Marks Act 1994

There were no further representations received.

Mr Marsdon, the Legal Representative of Mr Samandeep Aujla spoke against the application submitted before the Sub-Committee.

The London Borough of Hillingdon, taking into account all relevant evidence and submissions from all of the parties decided, on a balance of probabilities, to REVOKE the Premises Licence. The Sub-Committee arrived at this decision for the following main reasons:

1. In line with paragraph 11.26 and 11.27 of the Secretary of State’s guidance, the Sub-Committee has decided that the revocation of the premises licence is the only way to deal with the problems that have come to light in this review.
2. A premises licence is not a right. The issuing of a premises licence places a strong burden on the Premises Licence Holder and the Designated Premises Supervisor to uphold all the licensing objectives. The premises licence holder has, to date, not demonstrated the requisite knowledge, management or skills necessary to run the premises in a manner which upholds the licensing objectives.
3. The premises licence is therefore revoked.
4. All three premises before the Sub-Committee are owned by the same joint owners and are operated in a manner which is non compliant with the Licensing Objective related to Crime and Disorder. In respect of 266 Yeading Lane, the premises is also non compliant with the Licensing Objective related to prevention of children from harm.
5. Any attempt to replace the Designated Premises Supervisor will not change the fact that Mr Ajula will make the ultimate decisions about the running of the business and its trading practices. This risks the Designated Premises Supervisor becoming a mere figurehead and convenient excuse for non-compliance.
6. Furthermore, the presence of non-duty paid stock indicates that stock has been smuggled into the UK from another country, without the goods being declared to Customs officials and without the relevant taxes being paid. In addition to this, counterfeit alcohol has been seized from the premises. This is a repeated complaint in these reviews and the Premises Licence Holder clearly knew the consequences of holding illegally obtained stock.
7. The repeated failure despite all enforcement activity to cease trading in non-duty paid goods and counterfeit alcohol indicates the Premises Licence holders active collusion in these criminal activities.
8. Any attempts of the enforcement agencies to advise on compliance and responsible trading with a view to improving compliance would clearly yield no results.
9. The Sub-committee also felt that a suspension or the imposition of licence conditions would not adequately address the problems highlighted to the committee.

Resolved -

The London  ...  view the full minutes text for item 17.

The Councils Licensing Officer presented the report to the Sub-Committee.

Mr Martin King, Team Leader, Trading Standards stated that an application for a Review  of the premises licence for Aujla Food and Wine, 710 Field End Road, South Ruislip was submitted on 16^th  November 2011 and related to the following licensing objectives:

Prevention of crime and disorder

a.         Contraventions of the Alcoholic Liquor Duties Act 1979

b.         Contraventions of the Duty Stamps Regulations 2009

c.         Contraventions of the Weights and Measures (Packaged Food) Regulations

d.         Contraventions of the Trade Marks Act 1994

There were no further representations received.

Mr Marsdon, the Legal Representative of Mr Karamjit Aujla and Mrs Barinder Jit Aujla spoke against the application submitted before the Sub-Committee.

The London Borough of Hillingdon, taking into account all relevant evidence and submissions from all of the parties decided, on a balance of probabilities, to REVOKE the Premises Licence. The Sub-Committee arrived at this decision for the following main reasons:

The Sub-Committee has arrived at this decision for the following main reasons:

1. In line with paragraph 11.26 and 11.27 of the Secretary of State’s guidance, the Sub-Committee has decided that the revocation of the premises licence is the only way to deal with the problems that have come to light in this review.
2. A premises licence is not a right. The issuing of a premises licence places a strong burden on the Premises Licence Holder and the Designated Premises Supervisor to uphold all the licensing objectives. The premises licence holder has, to date, not demonstrated the requisite knowledge, management or skills necessary to run the premises in a manner which upholds the licensing objectives.
3.  The premises licence is therefore revoked.
4. All three premises before the Sub-Committee are owned by the same joint owners and are operated in a manner which is non compliant with the Licensing Objective related to Crime and Disorder. In respect of 266 Yeading Lane, the premises is also non compliant with the Licensing Objective related to prevention of children from harm.
5. Any attempt to replace the Designated Premises Supervisor will not change the fact that Mr Ajula will make the ultimate decisions about the running of the business and its trading practices. This risks the Designated Premises Supervisor becoming a mere figurehead and convenient excuse for non-compliance.
6. Furthermore, the presence of non-duty paid stock indicates that stock has been smuggled into the UK from another country, without the goods being declared to Customs officials and without the relevant taxes being paid. In addition to this, counterfeit alcohol has been seized from the premises. This is a repeated complaint in these reviews and the Premises Licence Holder clearly knew the consequences of holding illegally obtained stock.
7. The repeated failure despite all enforcement activity to cease trading in non-duty paid goods and counterfeit alcohol indicates the Premises Licence holders active collusion in these criminal activities.
8. Any attempts of the enforcement agencies to advise on compliance and responsible trading with a view to improving compliance would  ...  view the full minutes text for item 18.

The Councils Licensing Officer presented the report to the Sub-Committee.

Mr Martin King, Team Leader, Trading Standards stated that an application for a Review  of the premises licence for Aujla Cash and Carry, 266 Yeading Lane, Hayes was submitted on 16^th  November 2011 and related to the following licensing objectives:

Prevention of crime and disorder

a.         Contraventions of the Alcoholic Liquor Duties Act 1979

b.         Contraventions of the Duty Stamps Regulations 2009

c.         Contraventions of the Weights and Measures (Packaged Food) Regulations

d.         Contraventions of the Trade Marks Act 1994

Protection of children from harm

a.                  Contraventions of the Licensing Act 2003 (underage sales - alcohol)

b.                  Contraventions of the Consumer Protection Act 1987 (underage sales fireworks)

There were no further representations received.

Mr Marsdon, the Legal Representative of Mr Karamjit Aujla and Mrs Barinder Jit Aujla spoke against the application submitted before the Sub-Committee.

The London Borough of Hillingdon, taking into account all relevant evidence and submissions from all of the parties decided, on a balance of probabilities, to REVOKE the Premises Licence. The Sub-Committee arrived at this decision for the following main reasons:

The Sub-Committee has arrived at this decision for the following main reasons:

1. In line with paragraph 11.26 and 11.27 of the Secretary of State’s guidance, the Sub-Committee has decided that the revocation of the premises licence is the only way to deal with the problems that have come to light in this review.
2. A premises licence is not a right. The issuing of a premises licence places a strong burden on the Premises Licence Holder and the Designated Premises Supervisor to uphold all the licensing objectives. The premises licence holder has, to date, not demonstrated the requisite knowledge, management or skills necessary to run the premises in a manner which upholds the licensing objectives.
3.  The premises licence is therefore revoked.
4. All three premises before the Sub-Committee are owned by the same joint owners and are operated in a manner which is non compliant with the Licensing Objective related to Crime and Disorder. In respect of 266 Yeading Lane, the premises is also non compliant with the Licensing Objective related to prevention of children from harm.
5. Any attempt to replace the Designated Premises Supervisor will not change the fact that Mr Ajula will make the ultimate decisions about the running of the business and its trading practices. This risks the Designated Premises Supervisor becoming a mere figurehead and convenient excuse for non-compliance.
6. Furthermore, the presence of non-duty paid stock indicates that stock has been smuggled into the UK from another country, without the goods being declared to Customs officials and without the relevant taxes being paid. In addition to this, counterfeit alcohol has been seized from the premises. This is a repeated complaint in these reviews and the Premises Licence Holder clearly knew the consequences of holding illegally obtained stock.
7. The repeated failure despite all enforcement activity to cease trading in non-duty paid goods and counterfeit alcohol indicates the Premises Licence holders active  ...  view the full minutes text for item 19.