Agenda and minutes

Licensing Sub-Committee - Thursday 13 April 2017 7.00 pm

Venue: Lecture Theatre (2nd Floor) - International House, Canterbury Crescent, SW9 7QE

Contact: Nazyer Choudhury, Tel: 020 7926 0028 Email: nchoudhury@lambeth.gov.uk 

Items
No. Item

1.

Election of Chair

    Minutes:

    MOVED by Councillor Matthew Bennett, SECONDED by Councillor Linda Bray and

     

    RESOLVED: That Councillor Jane Edbrooke be elected as Chair of the meeting.

     

     

2.

Declaration of Pecuniary Interests

Under Standing Order 4.4, where any councillor has a Disclosable Pecuniary Interest (as defined in the Members’ Code of Conduct (para. 4)) in any matter to be considered at a meeting of the Council, a committee, sub-committee or joint committee, they must withdraw from the meeting room during the whole of the consideration of that matter and must not participate in any vote on that matter unless a dispensation has been obtained from the Monitoring Officer.

 

 

Minutes:

There were none.

3.

Minutes pdf icon PDF 389 KB

To approve and sign the minutes of the meeting held on 14 March 2017 as a correct record of the proceedings.

Minutes:

RESOLVED: That the minutes of the previous meeting held on 14 March 2017 be approved and signed by the Chair as a correct record of the proceedings.

 

4.

Licensing Applications for the Grant / Review of a Premises Licence pdf icon PDF 201 KB

 

Strategic Director, Neighbourhoods and Growth

Contact: Robert Gardner, Principal Licensing Officer, 020 7926 6122

Email: RGardner@lambeth.gov.uk

 

 

4a

Superway Express, 344 Kennington Lane, London, SE11 5HY (Prince's) pdf icon PDF 117 KB

    Additional documents:

    Minutes:

    The Sub-Committee invited Mr Tahir Awan, Premises Licence Holder and Designated Premises Supervisor, to address the meeting in order to answer a legal matter before the application was considered by the Sub-Committee.

     

    The Legal Adviser to the Sub-Committee explained to Mr Awan that:

     

    • Mr Awan was present at the hearing as a result of the Police having obtained a Closure Order at the Magistrates Court regarding the premises;
    • The requirement from the Council was that once the notice had been received, the Sub-Committee was required to make a decision within 28 days from the day after the notice was received with today’s meeting being the last day for that to happen.
    • Regulation 5 of and Schedule 1 to the Licensing Act 2003 (Hearings) Regulations 2005 require that a review under S167 of the Licensing Act 2003, which applies to this case, must commence within 10 working days of receiving that notice. This had not happened in Mr Awan’s case.
    • The Legal Adviser preliminarily advised the Sub-Committee that courts looked to substance rather than form. Unless Mr Awan could demonstrate that some serious prejudicial interest would arise by not having commenced the hearing within the prescribed period the hearing should proceed.  However, if it was late, for example, on day 29, then that would be a different matter as the Sub-Committee would then have no power to hear the matter.  
    • The Legal Adviser then proceeded to ask Mr Awan whether he objected to the application being heard and whether he wished to address the Sub-Committee on this point before the Sub-Committee proceeded.

     

    Mr Awan responded that he had no objections to his application being heard.

     

    Presentation by Licensing Officer

     

    The Sub-Committee was informed that this was an application for a review of the current premises licence.  The Sub-Committee’s attention was drawn to Chapters 2, 3, 9, 10 and 11 of the Statutory Guidance, and to Sections 1, 5, 6, 7, 8, 10, 11 and 19 of the Statement of Licensing Policy, as the ones particular relevant to this application.  The options available to the Sub-Committee were set out in paragraph 5.10 of the report on page 30.

     

    The Sub-Committee noted that:

     

    • This was an application by the Licensing Authority to review the licence of Superway Express, 344 Kennington Lane, London SE11 5HY.
    • The Metropolitan Police made an application to the Magistrates Court for a Closure Order.  This was heard before a District Judge on 24 February 2017.  It was therefore mandatory that a review of the premises licence was undertaken.
    • The premises licence had been revoked by determination of the Sub-Committee on 18 January 2017.  The decision was currently being appealed by the Premises Licence Holder.
    • Since the date of revocation, additional incidents pertaining to the sale of alcohol had prompted the Metropolitan Police’s request to obtain the Closure Order.
    • The Closure Order prohibited access to the premises by all persons between 04:00 and 12:00 hours from 25 February 2017 to 24 May 2017.
    • The application referenced as Annex A  ...  view the full minutes text for item 4a

4b

Magazin Romanesc, 420 Streatham High Road, London, SW16 3SN (St Leonards) - Transfer variation pdf icon PDF 319 KB

    Additional documents:

    Minutes:

    The Chair explained that items 4b) and 4c) both variation applications for Magazin Romansec would be considered together.  This would be followed by item 4d) a review also for Magazin Romansec.  The Sub-Committee would then adjourn to make a decision on all three applications.

                       

    Presentation by the Principal Licensing Officer

     

    The Sub-Committee was informed that this was an application for a variation to the current premises licence.  The Sub-Committee’s attention was drawn to Sections 5, 6 and Appendix 7 of the Statement of Licensing Policy, as the ones particularly relevant to this application.  The options available to the Sub-Committee were set out in paragraphs 5.7 and 5.8 of the report on pages 29-30 of the agenda papers.

     

    The Sub-Committee noted that:

     

    ·         The three applications concerned the same premises, Magazin Romansec, 420 Streatham High Road, London SW16 3SN.

    ·         The Sub-Committee had been supplied with photographs and map regarding the premises.

    ·         The first application on page 119 of the agenda papers, concerned an objection made by the Police to the transfer the premises licence to Mr Marius Costrasel.  The application and representation from the Police, including supporting information on pages 125-143 of the agenda papers.  

    ·         The second matter concerned an application made to vary the premises licence to specify Mr Marius Costrasel as the new Designated Premises Supervisor.  The application was opposed by the Police. The report, application, representation from the Police and supporting information can be found from pages 153-178 of the agenda papers.

    ·         The third application (to be discussed later) concerned a review of the premises licence submitted by Trading Standards under the licence objectives of the prevention of crime and disorder, public safety and protection of children from harm.  The report, application, representation from a ward councillor and supporting information could be found on pages 185-210 of the agenda papers.

    ·         Mr Tudorel Sarbu was both the Premises Licence Holder and Designated Premises Supervisor.

    ·         Further additional information had been submitted by the premises and Trading Standards which was circulated to the Sub-Committee prior to the hearing.

     

    Presentation by the Premises Licence Holder

     

    Mr Gary Grant, Barrister, representing Mr Marius Costrasel, applicant informed the Sub-Committee that:

     

    • He enquired whether members had sufficient opportunity to read the additional statements provided by both Mr Costrasel and Mr Sarbu pertaining to the premises. 
    • On receiving confirmation from members, Mr Grant corrected that Mr Castro had been a Premises Licence Holder from 2012 both as the licence holder with Sarbu and the Designated Premises Supervisor.  However, due to work and study commitments, he removed himself as the Premises Licence Holder and Designated Premises Supervisor.
    • Importantly, Mr Castro was neither the Premises Licence Holder nor Designated Premises Supervisor at the time when the first seizure of tobacco occurred at the premises on 24 December 2014.
    • Mr Grant explained to Members that he had discussed the position with Mr Conmy, who would be entitled to speak first on the review application, and it had been agreed that he would address all the  ...  view the full minutes text for item 4b

4c

Magazin Romanesc, 420 Streatham High Road, London, SW16 3SN (St Leonards) - DPS variation pdf icon PDF 321 KB

4d

Magazin Romanesc, 420 Streatham High Road, London, SW16 3SN (St Leonards) - Review pdf icon PDF 275 KB

    Additional documents:

    Minutes:

    Presentation by the Principal Licensing Officer

     

    The Committee was informed that this was an application for a review of the current licence.  The Sub-Committee’s attention was drawn to Chapters 2, 3, 9, 10,11 of the Statutory Guidance and to Sections 5, 6, 7, 8, 9, 10, 11, 12 , 13 and 19 of the Statement of Licensing Policy, as the ones particularly relevant to this application.  The options available to the Sub-Committee were set out in paragraphs 5.10 of the report on pages 30 of the agenda papers.

     

    The Principal Licensing Officer’s presentation was made under item 4b).

     

    Presentation by the Applicant

     

    Mr Bernard Comny, Lambeth Trading Standards, informed the Sub-Committee that:

     

    • Following his presentation, he wanted to invite the Sub-Committee to consider revocation.  If members were not minded to revoke the premises licence, then he would be willing to suggest additional conditions.
    • This was a review application of a Romanian grocery delicatessen.
    • There had been suspicion that the premises, licensed by Lambeth to sell alcohol, engaged in selling foreign UK Duty not paid tobacco.  The tobacco also lacked the appropriate health warnings.
    • On 2 March 2016, following a planned operation using a tobacco sniffer dog, a rucksack was found hidden underneath and behind the deli counter filled with tobacco.  Without the dog, the tobacco would not have been located.
    • Smuggling tobacco was regarded as a criminal business as cheap and foreign tobacco was sold without HMRC duty being paid.  This also denied the UK of funds and revenue that supported the infrastructure of schools, education and hospitals.
    • Car keys were found at the premises which opened a car nearby.  In the boot of the car, a large amount of illicit tobacco was found.
    • No one at the premises admitted ownership of the tobacco.  The Designated Premises Supervisor, Mr Buzatu, was the only employee that admitted speaking English, although there were seven staff members that also appeared to in work shop.
    • An examination of the premises licence displayed in the shop showed Mr Sarbu and Mr Buzatu, as joint Premises Licence Holders and Mr Buzatu as the Designated Premises Supervisor.  However, when challenged on this, Mr Buzatu appeared unaware of his position and responsibilities under the Licensing Act.
    • Enquiries regarding the ownership of the vehicle proved unsuccessful.  A notice pursuant to Section 17 of the (Greater London Council) (general powers) Act 1972 was sent to the person identified as the registered owner but no response had been received.
    • Mr Sarbu and Mr Buzato had been charged with possession of the tobacco lacking UK health warnings and possessing smuggled goods at the premises, totalling eight charges.
    • Mr Sarbu offered to plead guilty to all charges which was accepted and the case against Mr Buzato did not proceed. 
    • Mr Sarbu was fined £4,480.
    • The owner of the car who failed to attend court was fined £760 for his absence.
    • 19 bottles of spirits without the necessary HRMC duty stamp had also been found at the premises. 
    • A failed underage  ...  view the full minutes text for item 4d