Licensing Sub Committee - Thursday, 14th December, 2023 2.00 pm

Venue: Committee Room - Civic Centre. View directions

Contact: Democratic Services 

Items
No. Item

15.

Election of Chair

To elect a Chair of the Sub-Committee.

Minutes:

Councillor T Burton was elected as Chair for the Sub-Committee.

16.

Notification of Changes to Committee Membership

Minutes:

There were no changes to the Committee Membership.

17.

Minutes pdf icon PDF 82 KB

To confirm and sign as a correct record the Minutes of the meetings held on 17 and 30 November 2023 (Appendix ‘A’).

Additional documents:

Minutes:

The Minutes of the meetings held on 17 and 30 November 2023 were confirmed and signed as correct records.

18.

Declarations of Interest

Members are invited to declare any disclosable pecuniary interests or other registrable and non-registrable interests in items on the agenda.

Minutes:

There were no declarations of interest.

19.

Procedure

Officers will go through the procedure for the meeting.

Minutes:

The procedure for the conduct of business was noted.

20.

Exclusion of Press and Public

Officers’ Recommendation that –


the press and public be excluded from the meeting during discussion of the
following report under Section 100A (4) of the Local Government Act 1972 on
the grounds that the report in question would be likely to involve disclosure of
exempt information of the description specified in pargraphs 1, 3 and 7 of Part
1 of Schedule 12A of the Act

 

Minutes:

Resolved that –

 

the press and public be excluded from the meeting during discussion of the following report under Section 100A(4) of the Local Government Act 1972 on the grounds that the report in question would be likely to involve disclosure exempt information of the description specified in paragraphs 1, 2 and 7 of Part 1 of Schedule 12A of the Act.

 

21.

Application for a Review of a Premises Licence

This report is exempt on the basis that it identifies individuals and other relevant information.

Minutes:

The Sub-Committee considered a confidential report regarding the review of the premises licence held by Addlestone Food and Wine, 262 Station Road, Addlestone.

 

The premises had been the subject of two previous Hearings on 17 and 30 November 2023.  The Police had applied for a summary review of the licence following a visit to the premises.  The Sub-Committee had on the basis of the information presented suspended the licence as ‘interim steps’ pending a full review. 

 

The premises licence holder had exercised their right to make representations and the Sub-Committee had, after consideration of the representations, maintained suspension of the licence on 30 November 2023, pending the full Review.

 

At the hearing of 14 December 2023, following the report from the Council’s Senior Licensing Officer, Counsel for the Police was invited to present their application for the review of the premises licence.  The basis of the application was that the licensing objective of the prevention of crime and disorder had been breached owing to a number of items seized at the premises and other evidence found at the premises which indicated that drug dealing was taking place openly and had been for some time. 

 

The Sub-Committee reviewed the photographic evidence taken at the premises on the day of the unannounced visit under warrant and the list of items seized both at the shop and the family home on that same day.

 

Items found at the shop included two sets of small digital scales, which it was suggested would not normally be found in a retail premises, various items of drug paraphernalia, substances and materials which indicated established illegal activity was taking place.  It was noted that the results for the items sent for testing as required by law, were awaited.  However, the police were confident, based on several years of experience, that these would be positive for the presence of Class A and Class B drugs.

 

The police had also carried out a search of the Premises Licence Holder’s home address where further evidence had been found, including large amounts of cash, expensive watches and, subject to confirmation, Class B drugs.

 

Counsel for the Police put forward a comprehensive case that the Premises Licence Holder had failed to have any control over what happened at the premises and was not fit and proper to continue having the licence.  At the previous hearings the Premises Licence Holder had asserted that his son, who had been arrested, although not yet convicted of any crime, no longer had anything to do with the business.  However, the son had been seen at the premises by a credible witness unloading stock with another family member on Thursday 7 December 2023, which raised doubts as to the validity of his assertion that the business was being run properly or legally.

 

Officers from Trading Standards were present at the unannounced visit and had also seized illicit goods, which provided more evidence that the premises licence should in their view be revoked.  It was not accepted that the  ...  view the full minutes text for item 21.