Greenwich Council

Agenda, decisions and minutes

Venue: Council Chamber - Town Hall, Wellington Street, Woolwich SE18 6PW. View directions

Contact: Nassir Ali  Email: Nassir.Ali@royalgreenwich.gov.uk or tel: 020 8921 6160

Items
No. Item

1.

Apologies for Absence

To receive apologies for absence from Members of the Sub-Committee.

Minutes:

There were no apologies for absence.

2.

Urgent Business

The Chair to announce any items of urgent business circulated separately from the main agenda.

Minutes:

There was no urgent business.

3.

Declarations of Interest pdf icon PDF 35 KB

Members to declare any personal and financial interests in items on the agenda.  Attention is drawn to the Council’s Constitution; the Council’s Code of Conduct and associated advice.

Additional documents:

Minutes:

Resolved –

 

That the list of Councillors’ memberships as Council appointed representatives on outside bodies, joint committees and school governing bodies be noted.

4.

Minutes pdf icon PDF 85 KB

Members are requested to confirm as an accurate record the Minutes of the meeting held on 16 August 2017.

 

No motion or discussion may take place upon the Minutes except as to their accuracy, and any question on this point will be determined by a majority of the Members of the body attending who were present when the matter in question was decided.  Once confirmed, with or without amendment, the person presiding will sign the Minutes.

Minutes:

Resolved -

 

That the minutes of the meeting of the Licensing Review Sub-Committee held on ### be agreed and signed as a true and accurate record.

5.

Sal’s Mini Market 309 Plumstead High Street, Plumstead, London SE18 1JX pdf icon PDF 359 KB

Application to review the existing Premises Licence

 

Additional documents:

Decision:

In reaching its decision the Sub Committee considered the Council’s statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under S.182 of that Act. In discharging its functions the Sub Committee did so with a view to promoting 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 Sub Committee reviewed the premises licence of:

 

Sal’s Mini Market 309 Plumstead High Street, Plumstead, London SE18 1JX

 

 

and having considered all the evidence put before it the Sub Committee decided to-:

-               Modify the conditions of the Premises Licence;

 

By adding the following conditions as agreed by the licence-holder:

1.     The “Challenge 25”/“Think 25” proof of age scheme shall be operated at the premises. All customers who appear under the age of 25 will be challenged to prove that they are over 18 when attempting to purchase alcohol. Acceptable forms of ID include a photo driving licence, passport, or home office approved identity card bearing the holographic ‘PASS’ mark. If the person seeking alcohol is unable to produce an acceptable form of identification, no sale or supply of alcohol shall be made to or for that person.

 

2.    All staff shall be trained in the law about the sale of alcohol. Such training will include challenging every individual who appears to be under 25 years of age and to refuse service where individuals cannot produce acceptable means of identification, acceptable forms of ID and using the refusal register. Such training (including any refresher training) will be logged and provided not less than every six (6) months. The training log will be made available for inspection by Police and authorised persons.

 

3.    A refusals log must be kept at the premises, and made immediately available on request to the police or an authorised person. The refusals log is to be inspected on a monthly basis by the DPS and noted in the log and a record made in the log of any actions that appear to be needed to protect young people from harm. The log must record all refused sales of alcohol and include the following:

a) the identity of the member of staff who refused the sale;

b) the date and time of the refusal;

c) the alcohol requested and reason for refusal;

d) description of the person refused alcohol

 

4.    The following posters shall be displayed conspicuously on the premises in customer facing areas:

·        ‘Think 25’ or similar poster to advise potential purchasers that suitable proof of age will be required for all purchasers who appear to be under 25.

·        ‘Don’t Buy Alcohol for Under 18’s’, or ‘It’s A Crime!’ or similar proxy sales poster intended to warn adults not to buy alcohol for those under 18 years-of-age.

 

5.    The Premises Licence Holder will ensure that legible copies of the receipts for all alcohol goods purchased will be retained on  ...  view the full decision text for item 5.

Minutes:

In attendance:

Adrian Winter (Applicant - Trading Standards)

PC Giles Balestrini (Met Police)

John Mcgirr (Public Health)

Mr Satheesh Murugaiah (Licence holder)

Ms Sarah Clover (License Holders Representative)

 

The Licensing officer gave an illustrated introduction to the report highlighting the supplementary documents circulated to all parties. He confirmed that as a result of mediation, between the applicant and the licence holder, there were now only 3 conditions in dispute as the others had been withdrawn or agreed. These were conditions 16, 21 & 22 as seen on the report. He continued to give a brief history of the premises licence and stated that the licensing visit, to the premises, on the 13 September 2017 was satisfactory as shown in appendix C of the report.

 

The License holder’s representative stated that her client had not been provided with the powerpoint presentation prior to the hearing and felt this should have been made available in line with the Licensing Act 2003.

 

The Chair stated that the powerpoint presentation showing images of the premises was standard procedure and was advised by her Legal advisor to continue with the hearing.

 

The committee was addressed by the applicant, Adrian Winter from Trading Standards, who confirmed that the review was submitted to promote the following licensing objectives: protection of children from harm as an under 18 volunteer had been sold alcohol at the premises and prevention of crime and disorder as non UK duty paid spirits were found on the premises. He also stated there were other instances of poor management practices that were contradictory to the licensing objectives.

 

The applicant confirmed that Mr Murugaiah had held the licence since 2010 and had no incidents with trading standards until 2014. He subsequently described the incidents outlined in the application for review and highlighted that over the 3 year period the nature and pattern of the incidents suggested that the business was being run inconsistently and had fallen short of the licensing objectives. He updated the Committee on the prosecution case against the license holder and an employee as a result of the incidents stating that the Mr Muragiah had pleaded not guilty and the case would be heard at Bromley Magistrates court on the 06 October 2017.

 

The applicant summarised by highlighting the number of incidents and the different nature of offences. He stated there had been a discussion with the license holder and their representative where a number of conditions were either withdrawn or agreed. He added that this left 3 conditions outstanding one of which was condition 16 which sought to formalise the reducing of strength voluntary scheme and condition 21 which they could not agree on the wording. The other condition was condition 22 which was proposed by the police.

 

The Sub Committee was addressed by PC Belestrini who highlighted the number of Computer Aided Dispatch calls to the shop and surrounding area. He confirmed that the police had asked for a labelling condition on the Licence to tackle the issue of street drinkers  ...  view the full minutes text for item 5.

6.

US Mini Market (Premier) 13 Conway Road, Plumstead, SE18 1AH pdf icon PDF 359 KB

Application to review the existing Premises Licence

 

Additional documents:

Decision:

In reaching its decision the Sub Committee considered the Council’s statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under S.182 of that Act. In discharging its functions the Sub Committee did so with a view to promoting 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 Sub Committee reviewed the premises licence of:

 

US Mini Market (Premier), 13 Conway Road, Plumstead, London 1AH 1JX

 

and having considered all the evidence put before it the Sub Committee decided to:

Modify the conditions of the Premises Licence;

 

By adding the following conditions as agreed by the licence-holder:

 

1          The “Challenge 25”/“Think 25” proof of age scheme shall be operated at the premises. All customers who appear under the age of 25 will be challenged to prove that they are over 18 when attempting to purchase alcohol. Acceptable forms of ID include a photo driving licence, passport, or home office approved identity card bearing the holographic ‘PASS’ mark. If the person seeking alcohol is unable to produce an acceptable form of identification, no sale or supply of alcohol shall be made to or for that person.

 

2          All staff shall be trained in the law about the sale of alcohol. Such training will include challenging every individual who appears to be under 25 years of age and to refuse service where individuals cannot produce acceptable means of identification, acceptable forms of ID and using the refusal register.  Such training (including any refresher training) will be logged and provided not less than every twelve (12) months. The training log will be made available for inspection by Police and authorised persons.

 

3          A refusals log must be kept at the premises, and made immediately available on request to the police or an authorised person.  The refusals log is to be inspected on a monthly basis by the DPS and noted in the log and a record made in the log of any actions that appear to be needed to protect young people from harm. The log must record all refused sales of alcohol and include the following:

 

a)    the identity of the member of staff who refused the sale;

b)   the date and time of the refusal;

c)    the alcohol requested and reason for refusal;

d)   description of the person refused alcohol.

 

4          The following posters shall be displayed conspicuously on the premises in customer facing areas:

 

·        ‘Think 25’ or similar poster to advise potential purchasers that suitable proof of age will be required for all purchasers who appear to be under 25.

·        ‘Don’t Buy Alcohol for Under 18’s’, or ‘It’s A Crime!’ or similar proxy sales poster intended to warn adults not to buy alcohol for those under 18 years-of-age.

 

5          A CCTV recording system shall be installed that is compliant with, and capable of, capturing an image of evidential standards.  ...  view the full decision text for item 6.

Minutes:

In attendance:

Adrian Winter (Applicant – Trading Standards)

Mr Sivabaskaran Poobalasingham (Licence Holder)

Mr David Dadds (Licence Holder Representative)

PC Giles Balestrini (Met Police)

Councillor Matthew Morrow

 

At the beginning of the item the license holders representative asked to discuss the conditions with the applicant (Trading Standards) to see if an agreement could be reached.

 

The Sub Committee adjourned at 20:15pm to allow all parties to discuss the conditions and reconvened at 20.30pm.

 

The applicant confirmed that they had reached an agreement on the conditions with the licence holder and their representative. he stated the following had been agreed:

 

·        Conditions 1 – 4 agreed as stated on the report

·        Condition 5 amendment of the refresher training to 6 months

·        Condition 6 withdrawn

·        Conditions 7 – 9 agreed

·        Condition 10 amended to state “when the whole CCTV is not operating”

·        Condition 11,12,13 withdrawn

·        Condition 14 already on licence

·        Condition 15 amendment as “spirits” does not include spirits

·        Conditions 16 – 22 withdrawn

 

The supporting representations confirmed they were in agreement with the modifications of the conditions on the licence.

 

The Chair informed those present of the decision of the Sub-Committee, and

stated that the full details would be given in the formal decision notice.

 

In reaching its decision the Sub Committee considered the Council’s statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under S.182 of that Act. In discharging its functions the Sub Committee did so with a view to promoting 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 Sub Committee reviewed the premises licence of:

 

US Mini Market (Premier), 13 Conway Road, Plumstead, London 1AH 1JX

 

and having considered all the evidence put before it the Sub Committee decided to:

Modify the conditions of the Premises Licence;

 

By adding the following conditions as agreed by the licence-holder:

 

1          The “Challenge 25”/“Think 25” proof of age scheme shall be operated at the premises. All customers who appear under the age of 25 will be challenged to prove that they are over 18 when attempting to purchase alcohol. Acceptable forms of ID include a photo driving licence, passport, or home office approved identity card bearing the holographic ‘PASS’ mark. If the person seeking alcohol is unable to produce an acceptable form of identification, no sale or supply of alcohol shall be made to or for that person.

 

2          All staff shall be trained in the law about the sale of alcohol. Such training will include challenging every individual who appears to be under 25 years of age and to refuse service where individuals cannot produce acceptable means of identification, acceptable forms of ID and using the refusal register.  Such training (including any refresher training) will be logged and provided not less than every twelve (12) months. The training log will be made available for inspection by Police and  ...  view the full minutes text for item 6.