Agenda and minutes

There were no apologies for absence.

There were no declarations of interest.

It was confirmed that all items would be heard in public.

There had been no urgent matters notified in advance or urgent.

This was an application for the grant of a Premises Licence that would

authorise the use of the premises at Hayes Newsagents, 772-774 Uxbridge Road, Hayesby Dalvinder Singh.  Mr Charalambides represented the application at the hearing.

The Licensing Officer provided the Sub-Committee with details of the application in that the premises was a single unit shop selling groceries, newspapers and alcohol.  The premises licence was subject to a review by the Metropolitan Police and the licence was revoked by the Licensing Sub Committee on 23^rd August 2011.

A new application for a premises licence following the revocation was received on 10^th October 2011 and was refused by the Licensing Sub Committee on 5^th December 2011.

The current premises licence was in the process of being appealed to the Magistrates Court and an application to transfer this premises licence and to vary the designated premises supervisor was received by the Licensing Service on 21^st February 2012.

A copy of a Purchase and Sale of Business Agreement was received from the applicant’s solicitor on 21^st February 2012 and is annexed to the report.

A representation in respect of the application had been received from a Ward Councillor and the Metropolitan Police Service.  Sergeant Meens was in attendance on its behalf.

Following representations made by all parties the Sub-Committee considered the application and had taken into account evidence and submissions from all of the parties. In reaching its decision the Sub-Committee had taken into account the relevant provisions of the Licensing Act 2003, the Secretary of State’s Guidance issued under the Act and the Council’s Statement of Licensing Policy. The Sub-Committee had also taken into account its overriding duty to promote the Licensing Objectives.

The Sub-Committee decided on the balance of probabilities to reject

the application for the following reasons:-

1.                  The Sub-Committee was not convinced that he applicant will have sufficient control over the premises to uphold the licensing objectives.

2.                  Having considered the proposal Purchase and Sale of Business Agreement and the amended condition put forward by the applicant the Sub-Committee did not feel on a balance of probabilities that the previous licence holders would be excluded from the business and operational activities of Hayes News at all times due to the fact the previous licence holder still holds full control of all stocks and assets of the business and also due to the likely lease obligations and covenants and the lack of relevant consents from the Freeholder.

3.                  Due to the serous miss management of the premises and blatant breached of the licensing objectives that have taken place whilst the previous licence holders had the premises licence and the close connection that would continue between the previous licence holders and the running of the premises if the premises licence was granted the Sub-Committee does not consider o n the balance of probabilities that the licensing objectives would be upheld if the premises licence was granted.

Resolved – That the premises licence in  ...  view the full minutes text for item 18.