Agenda item

Hearing to determine an application for the review of a premises licence at Manor Way Superstore, 73 Manor Way, Deeping St James, PE6 8PX - Report ENV934 from the Licensing Officer.

Meeting back in public session.

 

Decision

 

The Committee having considered all information before them and noting the issues at the premises, the lengthy period trading unlawfully and the lack of steps taken to regularise the position, decided for the promotion of the licensing objectives it was appropriate to revoke the licence for Manor Way Superstore, 73 Manor Way, Deeping St James.

 

The Chairman introduced those present and asked who would be speaking in respect of the Review before the Committee.

 

The Legal Advisor advised the Committee that an email had been received from ARKA Licensing who were representing the premises licence owners asking for the hearing to be postponed until after 3 June 2026 as they were not available to attend the hearing as they were out of the country. 

 

The Committee were required to consider the request but before making any decision they asked if the barrister who was here on behalf of Lincolnshire Police wished to make comment.

 

The Barrister representing Lincolnshire Police, Oliver Thorne stated that Members had all the information before them about the business and the timeline that the business ownership had not been regularised in the last 12 months.  He reminded the Committee that three applications had been made with two being withdrawn.  One of the applications had been considered by the Committee and refused and no proper steps had been taken by the Premises Licence Holder to regularise the ownership of the business.  The Police were concerned with the protracted issues with the business and by not hearing the Review today allowed the business to continue to trade and he asked the Committee to continue with the Review.

 

(12:18 the Licensing Officers, Police Barrister and the press left the meeting)

 

Members discussed whether or not to continue with the Review and felt that they were in a position to continue with the review. It was proposed, seconded and unanimously agreed to continue with the Review.

 

(12:22 the Licensing Officers, Police Barrister and the press returned to the meeting)

 

The Legal Advisor informed those present that the Committee had agreed to continue with the Review.

 

The Licensing Officer presented the report which was for a Review of the premises licence for Manor Way Superstore, Deeping St James which had been submitted by the Police on 23 March 2026.

 

The application for the Review related to the following licensing objectives:

-        Prevention of crime and disorder

-        Protection of Children from harm.

 

Lincolnshire Police advised that they had obtained evidence which indicated that the management of the premises had been operating in such a manner that amounts to criminal activity and undermined the licensing objectives.

 

-        The Premise holder and Designated Premise Supervisor sold the business in June 2025 and had no further involvement in the business.

-        The Review outlined the history of events which had led to the submission of the Review.

 

On 25 March 2026 the Licensing Manager erected a notice at the premises.

 

On 25 March 2026 the Licensing Manager returned to the premise to erect a further notice on the roller shutter, the original notice had been removed.  The original notice was re-erected and the roller shutter notice was erected.

 

On 27 March 2026 a further visit was made and both signs were still visible.

 

A copy of the premise licence was appended to the report at Appendix 2.  No representations were received during the consultation period.

 

Counsel for the Police then made their representation highlighting areas of concern to the Police such as the conduct of those working at the premise and incidents highlighted within the witness statements with regard to safeguarding issues which were deeply concerning.

 

The current Premises Licence Holder and Designated Premises Supervisor, Mr Alvappillai confirmed in November 2025 that he had sold the business in June 2025 and from that point he had no further involvement with its activities. Despite this the business had continued to trade from June 2025 with Mr Alvappillai as the PLH and DPS.

 

Whilst under Mr Alvapplillai’s control in November 2025, Lincolnshire Police became actively involved with the premises following concerning allegations made that month regarding a member of staff who had behaved inappropriately towards child customers.  A suggestion had also been made that underage females were sold alcohol from the premises.

 

Police enquiries that followed raised concerns regarding the manner in which the business was operating, those individuals behind its operations and illegal working.

 

A series of licence transfer and DPS variation applications were then received, all of which were objected to by Lincolnshire Police. Two sets of licence transfer/DPS applications were withdrawn, however another set of applications that were objected to resulted in a licensing hearing held in February 2026 where the Committee made the decision to reject the applications.

At present, the PLH and DPS for the licence is once again Mr Alvapplillai, however Lincolnshire Police are aware of further intended applications to transfer the licence and vary the DPS to the individual the Committee rejected in February 2026.  Mr Alvappillai had been approached to consider surrending the licence  but had not responded despite claiming that he has no control of the premises.

 

It was stated that the series of applications since November 2025 had been an attempt to take full advantage of the licensing regime to keep the premise open and a revocation of the licence was sought due to the unlawful trading that had taken place during the last 12 months.

 

Members had no questions for Counsel.

 

The Licensing Officer then gave his closing statement.  Members must take such steps as they considered appropriate for the promotion of the licensing objectives as outlined in Licensing Act 2003 at section 167(6):

 

The Committee may:

 

·       Modify the conditions of the licence

·       Exclude a licensable activity from the licence

·       Remove the designated premises supervisor

·       Suspend the licence for a period not exceeding three months; or

·       Revoke the licence

 

Members attention was drawn to the guidance issued under Section 182 of the Act as shown at paragraph 3.2 of the report.

 

Counsel for the Police had nothing to add.

 

(12:27 the Licensing Officers, Counsel and the Press left the meeting)

 

Members discussed the Review before them having regard to all the relevant guidance, legislation and the representation made.  Members were very concerned with how the premises was being run, the incidents that had occurred and the lack of co-operation with the Police and the Licensing Team. Members looked at all sanctions available to them but felt that the lengthy unlawful trading period and the lack of steps taken to regularise the business and for the promotion of the licensing objectives the Committee had no alternative but to revoke the Premise Licence. The proposal was seconded and on being put to the vote unanimously agreed.

 

(12:37 the Licensing Officers, Barrister and press returned to the meeting)

 

The Legal Advisor read out the Committees decision.  The Committee had read all the paperwork before them and had heard from the Licensing Officer and Counsel representing Lincolnshire Police. The applicant’s representative had requested an adjournment of the matter, but this request was refused by the Committee.

Lincolnshire Police presented their application as set out in their evidence pack. They advised of the timeline contained with the evidence pack and noted the numerous attempts and lengthy period of time that the Police and Licensing Team had engaged with the premise to regularise the position and to take such steps as required.

 

The Committee considered all options available to them. They considered whether there were any additional conditions that could be included but were of the view that there were no conditions which would adequately address their concerns.

 

The Committee considered whether it was appropriate to remove a licensable activity from the licence but noting as there was only one licensable activity on the licence this would have the same effect as revoking the licence.

 

The Committee having considered the information before them and noting the issues at the premises, the lengthy period trading unlawfully and the lack of steps taken to regularise the position decided it was appropriate for the promotion of the licensing objectives to revoke the licence. The Committee were particularly frustrated and would not tolerate the complete disregard that this premises has shown for the law despite the numerous attempts by the Licensing Team and Police to assist them.

 

There was a right of appeal to the Magistrates’ Court within 21 days of the licence decision being received.