Agenda and minutes

Councillor Nicholas Bennett JP was appointed Chairman for the meeting.

There were no declarations of interest.

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

Licence Holder’s Legal Representative:    Ms Praisooty

Licence Holder:    Mr. Kanapathy Ratnasingham 

   (Who is also the DPS)   

Designated Premises Supervisor (DPS):  Mr. Kanapathy Ratnasingham

(Who is also the licence holder) 

Council’s Licensing Team Leader:   Mr. Steve Phillips 

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

Council’s Lawyer:   Mrs. Raheli Paris

APPLICATION FOR A REVIEW OF THE LICENCE AT BEST N EXPRESS, 89 QUEENSWAY BR5 1DQ 

I  Decision:

The Licensing Sub-Committee agreed that the current licence’s condition would apply as well as the additional conditions  recommended by the Council’s Trading Standards to be added to the Licence as stated in the recommendations listed on page 15 of 112 (Conditions Numbers 1- 3) and that condition Number 4 should come into force after 31^st October 2018.  Condition number 5 did not apply.

II  The Review:

The application to review the premises licence of BEST N EXPRESS, 89 QUEENSWAY BR5 1DQ, was brought by Ms. Ruth Hancock on behalf of London Borough Bromley, Trading Standards. At the hearing Ms. Hancock (the Council’s Lead Trading Standards Practitioner) summarised the background to the application. Ms. Hancock explained that photographs of the volunteers who had taken part in the test purchase exercises would be circulated, and that the photographs were taken on the day that the test purchase took place.

The date on the photograph had defaulted in error to a date in 2014. Ms. Hancock explained that the error occurred due to a technical fault in the Council’s photograph camera.  Ms. Hancock further explained that the Council had since fixed the camera and subsequent photographs would have the correct date of any pictures taken.

The reason for the review was as a result of an underage sale of Alcohol and Tobacco exercise undertaken by the Council’s Trading Standards. 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 18 years old. It was that sale which had instigated the review.

The grounds for the review were related to the licensing objective which focused on the protection of children from harm.

III  Findings of fact  

BEST N EXPRESS (trades as Great Grapes), 89 QUEENSWAY BR5 1DQ an off licence along the parade of shops on Queensway Petts Wood.

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

IV  Facts arising out of the Hearing

(a)  Trading Standards’ case:

The Trading Standards’ case was stated by Ms. Hancock who explained the Trading Standards’ procedures, how the challenge 25 was tested--including the use of an 18 year old volunteer who was asked to purchase age restricted items. It was noted that on 15^th August 2017, Trading Standards made an inspection visit to the premises and spoke with Mr. Babu Santhiralin.  Ms. Tracey Firth of Trading Standards discussed the law relating to underage restricted products and a free underage sales  ...  view the full minutes text for item 54.

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.