Issue - meetings

Councillors: Nicholas Bennett J.P (Chairman), Melanie Stevens, Pauline Tunnicliffe

Licence Holder’s Licensing Agent:   Ms G Sherratt

Licence Holder:   Mr. Kemalraj Varatharaja 

Designated Premises Supervisor:   Mr. Kemalraj Varatharaja

(Also Director of the business which is owned by VLK EXPRESS) 

Council’s Licensing Team Leader:   Mr. Steve Phillips 

Council’s Lead Trading Standards Practitioner:   Ms. Ruth Hancock 

Council’s Lawyer:   Mrs. Raheli Paris

I  Decision:

The Licensing Sub-Committee agreed that: the current licence’s condition would apply as well as the additional conditions as recommended by the Council’s  Trading Standards, plus the applicant’s proposed conditions  as submitted prior to the hearing.

II  The Review:

At the Licensing Sub-Committee Hearing Ms. Ruth Hancock (the Council’s Lead Trading Standards Practitioner) provided a summary of the background to the above review application. Ms. Hancock appraised members of the sub-committee that she had already informed the licence holder’s legal representative that photographs of the volunteers who took part in the test purchase exercises would be circulated at the hearing.

She explained that the date on the photograph defaulted by error to a date in 2014, and that this had occurred due to a technical issue with the camera. Ms Hancock explained that the Council had since fixed the camera and subsequent photographs would have the correct date of the pictures taken. Members asked whether the evidence was accepted by the licence holder’s legal representative, and the legal representative replied that she had accepted the evidence as explained by Ms. Hancock.

The reasons for the review were as a result of an underage sale of Alcohol and Tobacco carried out  by the Council’s Trading Standards; through a test purchase; using a volunteer, on the 10^th February 2018. A member of staff at the premises sold alcohol to a volunteer under the age of 18 without asking for relevant identification to prove whether or not the volunteer was over 18.

The grounds for the above review are for the licensing objective which focuses on the protection of children from harm.

III  Findings of fact  

COSTCUTTER 5 CHATSWORTH PARADE PETTS WOOD BR5 1DF:

The business is owned by VLK EXPRESS LTD , it  is a licensed business which sold amongst other items, age restricted products such as tobacco and alcohol. It was situated along  a parade of shops along Chatsworth Parade in Petts Wood.

(a)  Matters leading to the review are noted on the Review pack

IV  Facts arising out of the Hearing

(a)  Trading Standards’ Case:

Ms. Hancock began by explaining the Council’s Trading Standards’ case. She explained the procedures which Trading Standards applied, and how the challenge 25 was tested including the use of young volunteers who were asked to purchase age restricted items. Also that trading standards had a duty to investigate where complaints were received relating to underage sales of age restricted items such as alcohol or tobacco.

On 3^rd January 2017, Trading Standards received a complaint regarding the trader selling cigarettes to underage minors. Trading standards conducted several underage test purchases of alcohol and tobacco.  ...  view the full minutes text for item 55