Agenda and minutes

Alcohol, Entertainment & Late Night Refreshment Licensing Committee
Friday, 1st February, 2019 10.30 am

Venue: The Newton Room, The Guildhall Arts Centre, St. Peter's Hill, Grantham. NG31 6PZ

Contact: Lucy Bonshor 

Items
No. Item

5.

Apologies

6.

Disclosures of interests

7.

Minutes of the meeting held on 11 January 2019 pdf icon PDF 158 KB

EXCLUSION OF THE PUBLIC

It is anticipated that, in accordance with Section 100A(4) of the Local Government Act 1972 (as amended) the public may be excluded from the meeting during consideration of the following item of business because of the likelihood that otherwise exempt information, as described in paragraphs 1 and 2 of the Act (as amended) would be disclosed to the public.

8.

Licensing Act 2003: Application for the Review of a Premise Licence, Malinka, 7-8 Wharf Road, Grantham pdf icon PDF 100 KB

    Report CSL162 by the Licensing Officer, Commercial and Operational.

     

    Additional documents:

    Minutes:

    Decision:

     

    That the Premises Licence for the premises known as Malinka, 7-8 Wharf Road, Grantham is revoked.

     

    The Licensing Officer circulated to those present an e-mail that had been received from the Solicitors acting on behalf of Malinka stating that no representative would be in attendance at the meeting.

     

    The Licensing Officer then presented report CSL162 which concerned a review of a premise licence for Malinka (formerly International Food Shop), 7-8 Wharf Road, Grantham submitted by Lincolnshire Police under Section 51 of the Licensing Act 2003.

     

    On 12 May 2012 an application was received for the grant of a new premise licence for the premises known as International Food Shop, 7-8 Wharf Road, Grantham. The application was to sell alcohol by retail for consumption off the premises, between the hours of 06:00 and 24:00, Monday to Sunday inclusive. The premises licence holder and designated premise supervisor (DSP) was Mr Gashbir Ahmed.  During the consultation time both Lincolnshire Police and Trading Standards, both Responsible Authorities under the Licensing Act 2003, submitted representations under the licensing objectives of the Prevention of Crime and Disorder and of Public Safety.  The representations referred to the seizure of contraband goods by Her Majesty’s Revenue and Customs (HMRC) Officers at the premises in April 2011.  This occurred when the premise did not have a premise licence.  Mr Armed stated that he took over the running of the premises after the time of the HMRC seizure and that he had no interest in the business at the time the goods were confiscated.    The Police believed that Mr Ahmed had connections to Mr Alan Hamasala who had recently had a premise licence revoked for the premises next door at 9 Wharf Road.  The premise licence had been revoked under the licensing objective of the Prevention of Crime and Disorder, counterfeit cigarettes had been found on the premises.

     

    On 29 June 2012 the Alcohol, Entertainment and Late Night Refreshment Licensing Committee granted the premise licence to Mr Ahmed.  On 10 August 2012 the premise licence and the designated premises supervisor (DPS) was transferred to Mr Karwan Mustafa. On 20 July 2015 the premise licence and DPS was transferred to Mr Arako Mustafa Ahmed.

     

    On 20 December 2018 a review of the premises licence was submitted by Lincolnshire Police under the licensing objectives of the Prevention of Crime and Disorder, Public Safety and the Protection of Children from Harm. The review related to the Police and Trading Standards officers executing a search warrant of six shipping containers at premises on Rushton road, Grantham on 27 November 2018.   Found inside four of the containers was approximately 900,000 cans of beer, a smaller amount of wine and spirits, all suspected non-duty paid and 200,000 counterfeit cigarettes were seized by HMRC.

     

    On 13 December 2018 a visit was made by Police and Trading Standards officers to the licensed premises at 7-8 Wharf Road.  Alcoholic goods were seen in the shop that were identical to those seized by HMRC officers at the containers.  At  ...  view the full minutes text for item 8.

9.

Licensing Act 2003: Meeting to decide if a hearing is required, Lincolnshire Cooperative, Arlington Gardens, Springfield Road, Grantham pdf icon PDF 99 KB

    Report CSL163 by the Licensing Officer, Commercial and Operational.

    Additional documents:

    Minutes:

    Decision:

     

    That a hearing is not necessary in relation to the application for a Premise Licence for the premise known as Lincolnshire Cooperative Ltd, Arlington Gardens, Springfield Road, Grantham.

     

    The Licensing Officer presented report CSL163 which concerned an application for a new Premise Licence for the premise known as Lincolnshire Cooperative Ltd, Arlington Gardens, Springfield Road, Grantham.  The application was to allow for the sale of retail alcohol between the hours of 07:00 hours until 22:00 hours, Monday to Sunday inclusive.

     

    On 14 January 2019 a representation was received from Lincolnshire Police under the licensing objectives of the Prevention of Crime and Disorder, Public Safety, the Prevention of Public Nuisance and the Protection of Children from Harm.  The representation stated that only minimal conditions had been offered and the wording was inadequate, as it did not promote the licensing objectives.

     

    The Police had consulted with the applicant and suggested alternative wording to the conditions. The applicant had confirmed that they were happy with the changes and proposed wording offered by the Police.

     

    Where relevant representations are made, the Licensing Authority must hold a hearing to consider them, unless the Licensing Authority, the applicant and each person who had made representations agreed that a hearing was unnecessary.  For the purposes of the Licensing Act 2003, the Licensing Authority is the Alcohol, Entertainment and Late Night Refreshment Licensing Committee.

     

    As agreement had been made between the applicant and the Police as to the wording and conditions of the Premise Licence, Members felt that it was not necessary to hold a hearing and on being put to the vote it was unanimously agreed that a hearing was not required.

10.

Licensing Act 2003: Meeting to decide if a hearing is required, MRH Foston, Foston Service Station, Great North Road pdf icon PDF 81 KB

    Report CSL164 by the Licensing Officer, Commercial and Operational.

    Additional documents:

    Minutes:

    Decision:

     

    That a hearing is not necessary in relation to the application for the variation of a Premise Licence for the premise known as MRH Foston Service Station, Great North Road, Foston.

     

    The Licensing Officer presented report CSL 164 which related to an application to vary the Premise Licence for the premise known as MRH Foston Service Station, Great North Road, Foston.   The variation was to sell alcohol from the premises, 24 hours daily, Monday to Sunday, to remove embedded restrictions in the Premise Licence, to remove conditions contained in Annex 2 of the Premises Licence, to include in the Premise Licence the conditions in Section 18 b to e of the application and to make alterations to the premise.

     

    On 9 January 2019, a representation was received from Lincolnshire Police, a Responsible Authority under the Licensing Act 2003.  The representation referred to concerns that the Police had with regard to the new conditions offered by the applicant and that they did not fully promote the licensing objectives.

     

    Discussions had taken place between the applicant’s solicitor and the Lincolnshire Police. The applicant’s solicitor and Lincolnshire Police had come to an agreement with regard to the wording of the conditions which should be attached to the Premise Licence and both parties agreed that a hearing was not necessary.

     

    Where relevant representations are made, the Licensing Authority must hold a hearing to consider them, unless the Licensing Authority, the applicant and each person who had made a representation agree that a hearing is unnecessary.  For the purposes of the Licensing Act 2003, the Authority is the Alcohol, Entertainment and Late Night Refreshment Licensing Committee.

     

    As agreement had been made between the Police and the applicant on the wording and conditions of the Premise Licence, Members felt that it was not necessary to hold a hearing and on being put to the vote Members unanimously agreed that a hearing was not required.

11.

Close of Meeting