Agenda and draft minutes

Licensing Sub-Committee
Wednesday, 5th February, 2020 10.00 am

Venue: Committee Room 6 - Civic Centre, High Street, Uxbridge UB8 1UW. View directions

Items
No. Item

52.

Apologies for Absence

Minutes:

None.

53.

Declarations of interest in matters coming before this meeting

Minutes:

None.

54.

To confirm that the items of business marked Part I will be considered in Public and items marked Part II will be considered in Private

Minutes:

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

55.

Matters that have been notified in advance or urgent

Minutes:

None.

56.

Review of the premises licence in relation to Bottle N Brew of 1A Dawley Road, Hayes, UB3 1LS pdf icon PDF 131 KB

Additional documents:

Minutes:

Introduction by Licensing Officer

 

Jhini Mukherjee, Licensing Officer at the London Borough of Hillingdon, introduced the report relating to the application for a review of a premises licence for the Bottle N Brew, 1A Dawley Road, Hayes UB3 1LS. A background and chronology of events was provided, wherein it was confirmed that the review had been brought by Trading Standards on the grounds of prevention of crime and disorder, following the seizure of illicit tobacco and medicinal products from the premises.

 

The Licensing Officer recommended that the Sub-Committee suspend the premises licence for a period of 3 months, and apply conditions, as it was felt to be a proportionate response to the Licensee’s failure to uphold the Licensing Objectives.

 

Representations by Applicant for the review – Trading Standards

 

Mark Gloc, Senior Trading Standards Officer, set out a chronology of events relating to the inspection of the premises carried out on 7 February 2019, which had resulted in the seizure of counterfeit cigarettes, rolling tobacco, and Sildenafil Citrate tablets. These items had been found in various hidden compartments and locations within the premises.

 

It was believed that the business had contravened the following trading standards legislations: the Trade Marks Act 1994 (possession of counterfeit tobacco); the Consumer Protections from Unfair Trading Regulations 2008 (possession of unlicensed medicines); the Tobacco and Related Products Regulations 2016 (possession of tobacco containing health warnings in languages other than English); and the Standardised Packaging of Tobacco Products Regulations 2015 (possession of tobacco not in standardised packaging).

 

The potential for serious public harm through selling unlicensed tobacco and medicinal products was highlighted.

 

Mr Gloc concluded by confirming that he supported the officer’s recommendation that the Sub-Committee suspend the premises licence for 3 months and apply conditions to the licence.

 

Representations by Responsible Authorities - Metropolitan Police

 

Graham Edwards, Licensing Sergeant for the Metropolitan Police Service, confirmed that he supported the officer’s recommendation that the Sub-Committee suspend the premises licence for 3 months and apply conditions to the licence.

 

Representations by Responsible Authorities – Licensing Authority

 

Daniel Ferrer, Licensing Team Manager, confirmed that the authority shared the views of the previous parties, and confirmed that a further visit to the premises had been undertaken by the Licensing Authority on 3 January 2020. This visit had resulted in further concerns, as detailed within the meeting papers.

 

Mr Ferrer concluded by stating that the Licensing Authority supported the officer’s recommendation to suspend the licence for 3 months, though suggested that any conditions applied include further conditions to address the issues raised following the January 2020 premises visit.

 

Representations by Licence Holder and Licence Holder’s representative

 

Mr Avtar Singh Malotra was present as the Director of the company which owned Bottle N Brew, and was supported by his representative, Mr Panchal.

 

Mr Panchal spoke on behalf of his client, confirming that they did not dispute the facts presented by the previous parties. However, it was suggested that this was a one-time mistake that would not be repeated moving forward.

 

The officer’s  ...  view the full minutes text for item 56.