Agenda and draft minutes

Report of the Strategic Director, Communities and Environment

RESOLVED    -           That the decision of the Committee be noted as attached.

GATESHEAD COUNCIL

LICENSING AUTHORITY

SUMMARY OF DECISION OF LICENSING SUB-COMMITTEE

Name of Premises :              Ravensworth Food Market  3 Ravensworth Road  Birtley  DH3 1EE

Address :                              3 Ravensworth Road  Birtley  DH3 1EE

Current licensee :                 Ishfaq Hussain

Date of Hearing :                   19 December 2017

Type of Hearing :                 (1)        Review of premises licence

                                               (2)        Determination of application to transfer premises licence

                                               (3)        Determination of application to vary premises licence to

appoint new Designated Premises Supervisor

The Sub Committee has decided as follows:

a)    To revoke the premises licence

b)    To refuse the variation of the Designated Premises Supervisor; and

c)    To refuse the transfer of the premises licence to Mr Hussain.

Reasons

The Sub Committee had regard to the Licensing Officer’s report, the supplemental documents and the verbal representations made at the hearing by –

·         Ms Johnson (on behalf of Trading Standards)

·         Ms Evans (on behalf of the Director of Public Health)

·         Inspector Robson (on behalf of Northumbria Police)

·         Mr Bradley (on behalf of the Licensing Authority); and

·         Mr Ishfaq Hussain (premises licence holder and Designated Premises Supervisor) who was accompanied by his wife, his solicitor (Mr Taylor) and an interpreter

The application to review the premises licence was brought by the Chief Inspector of Weights & Measures.  Representations were also made by the Director of Public Health, the Licensing Authority, the Local Safeguarding Children Board and Northumbria Police.

The Committee noted that at the time of the review application being made, the licence holder was Ms Susan McAlear and the Designated Premises Supervisor was Mr Yassar Khaliq; however following the review application being made, applications were received from Mr Ishfaq Hussain for the licence to be transferred to him and for him to be appointed as the Designated Premises Supervisor, both to have immediate effect.

In considering the review application, the Committee heard from Ms Johnson on behalf of the Chief Inspector of Weights & Measures, that on 24 October 2017 a 15 year old volunteer had been sent to the premises as part of a test purchase exercise, and was sold four cans of Fosters lager.  The Committee heard that the seller, Ms Linda Holt, enquiries as to the volunteer's age but did not request any proof of age in compliance with the 'Challenge 25' condition on the licence.  The Committee heard that the volunteer attempted ten test purchases that day, and was refused in eight premises.  Ms Johnson confirmed that review applications had been brought in respect of both premises where underage sales were made.  Ms Johnson confirmed that the test purchase had been conducted following BDRO guidance; and that the premises has been identified as part of targeted enforcement action due to concerns regarding the management at the premises and whether there was effective controls in place to comply with the provisions of the licence.

The Committee heard from Mr Bradley on behalf of the Licensing Authority that conditions were added to the licence in 2015 following  ...  view the full minutes text for item LSC3

Report of Strategic Director, Communities and Environment

Report of the Strategic Director, Communities and Environment