Reconvened Premise License (Public), Licensing Sub Committee - Monday, 22nd April, 2024 10.00 am
April 22, 2024 View on council website Watch video of meeting or read trancriptTranscript
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[BLANKAUDIO] Okay, thank you, sorry, say the trade. [BLANKAUDIO] Yeah, so trading standards information begins on page 51 of the report. I'm just going to briefly talk through, don't propose to go into huge amounts of details. So, starting in 2022, we first sent advice to the shop notice sparkles ahead of a test purchasing exercise that we then undertook in August 2022. And that was in relation to a test purchase of alcohol where a can of Sam McGwell was sold to a 15-year-old volunteer. In November 2022, we conducted interviews with the seller, the DPS, and her husband. And as a result of that, portions were offered and accepted. Following that, in February 23, we sent a further advice letter in relation to underage sales, which was followed up by a further test purchase of alcohol where the 14-year-old volunteer was refused the sale. In March 23, we received a further complaint concerning the sale of a fake to an underage person. And then a further test purchase was conducted in August of 2023, where our 16-year-old volunteer was sold at 8.5 for shop assistance. That is known as Alex. So following that sale, we interviewed both the DPS and her husband. Again, concerning that sale, we were given conflicting information regarding the immigration status of the seller. And the DPS informed me during that interview that she'd left that person in charge of the shop where she attended a beauty appointment. Moving on to October 23, we received a further complaint from a concerned parent whose 16-year-old had admitted to regularly purchasing alcohol from that premises. So as a result of that, I emailed requesting both the refusal of registered entries and the CCTV for the relevant time period of the alleged sale. It was myself that made a report into immigration concerning the conflicting information regarding the shop assistance. In late October, we get a further complaint from a parent. Again, whose daughter admitted to regularly purchasing alcohol from that premises. So as a result of that, I sent a chase email regarding my original CCTV request and advising them of the most recent complaint we've received. I didn't ever receive a response to that one. Again, in November, we got yet another complaint, this time concerning a 16-year-old admitting to buying hand-rolling tobacco from sparkles. We then received further information that the shop was selling illegal rates. And as a result of that, we sent the shop an advice letter to advise them on the rules around rates and how they could comply. In February 24, we carried out an unannounced inspection in relation to the illegal rates and the shop assistant present at the time of that inspection was the same shop assistant who was present in August, who sold the bait to the underage volunteer, whose immigration status was the one we were concerned about. That inspection was carried out in the afternoon. It was quite busy. There were lots of teenagers coming into the shop attempting to buy age-restricted items. And the shop assistant really struggled to communicate with those people to explain why the sales was being refused. Cambridge and Pittsburgh trading status have recently prosecuted the limited company, like sheenie, limited, in relation to the bait sale that happened in August, so that's now been completed. Our concern is that the licensee in the DPS was failing to uphold the licensing conditions, particularly in the relation to the protection of children from harm and the prevention of climate disorder. Thank you. Okay, I've only got one short one. That's only because I couldn't quite hear you. And that was the 1824 that you did the inspection. As you said it in August the previous year, the same person was there, but I didn't quite hear the date in 24 that you went back. Sorry, the 12th of February 24. I thought you said February. Thank you. Just checking that. Thank you. I think it was helpful for members to know where about you were, because I thought you were going to go to this list. That's why I said, because of some really useful information there, and I didn't want anybody to miss it, or a natural fact to have not have a chance to actually question each one of those things. Because if you haven't got the list, it's quite difficult for you to actually challenge your ask questions. I'm just trying to be fair to everyone. Can I ask you a question in regard to something where you have not heard yet, although it is an actual fact in the report, and that is the application or the granting of the license to a new license holder. And have you, or are you about to raise any objections to the new license holder? I don't really, trading standards have the right for a transfer of license to comment. No, but you've got the report here, but you can say whether you would support a new license or whether you don't. That's sort of what I was after, but if you prefer not to answer at this stage, that's fine. Thank you. That's fine. Thank you. Alex, I believe it's your turn next if nobody else has any questions. Could I just ask her to your question? Of course, yes. What was the result in your conviction? The limited company pleaded guilty at £1000 by 250 costs and £400 victim surcharge. Is that right? Yes. That's from the top of my hand. Thanks for that, Alex. That'll be useful question. Thank you. Chair, could I just ask a question, please? Sorry, I didn't actually hear that statement. Could I just ask Kirsty a question, please, Chair? Yes, of course you can. Please go ahead. Hi, Kirsty. I just wondered in the license has been run since 2007. When did all of these complaints stop coming to fruition? Do you attention? I haven't gone back through the history. They're obviously, I believe there's been complaints over the years, but in terms of our underage sales work that I became involved in 2022. Thank you. Thank you. Any other questions online there? No, thanks, Chair. You're really happy? Sorry, I forgot to ask you. My apologies. Okay, thank you. On we go then. Alex, it's over to you. So the purpose of my submission, as Lucas said in the report, was we have many complaints that have been received to the licensing authority. And we felt it would be a good idea for me to come and present those separately because I've been involved in most of the complaints. Starting on page 71, you will see the submission which I have put together. I can read that out in its entirety if you like, but if you have already had the chance to read it, I could just go straight to the summary. I was certainly a panel of press that. It's just whether everybody else in the room is happy that Alex goes straight to the summary for that. So everybody happy or do you wish to read that out? Okay, yeah, they're happy. Thank you. So as I said, the purpose of the submission was to summarize the complaints related investigations that the licensing authority has received regarding the premises, including the alleged underage sales of alcohol and other age restricted products, and be the sale of alcohol to intoxicated customers. And this all started in May 2018. So in summary, once the licensing authority has no direct evidence of offenses being committed under the licensing Act 2003, for example, sales of age restricted products to children, sale of alcohol to intoxicated customers, et cetera. There have been six similar complaints made against the business in the past six years. No other offline premises in the city has received a similar level of complaints. This is to the premises have given rise to a number of concerns, especially staff training for which the license holder and designated premises supervisor at the time, Mrs. Mariflow is responsible. Despite persistent warnings to the business, complaints have continued. Recommendations provided by the licensing authority and the police have also seemingly been ignored. This calls into question whether the license holder is sufficiently promoting the licensing objectives, namely prevention of crime and disorder and protection of children from harm. It was also noted in page nine of the home office premises license review pack that may not be the page nine as you see it now, where it is stated that staff at the business have been offering alcohol to customers on credit. Whilst this is not illegal, it could be considered to be unethical to those who are vulnerable and unable to pay the debts off. Thank you. Thank you. I know the page that, yeah, I think in the pack, I think what you're referring to. I think is on a, it is a small nine, but it's on page 27 of the pack. But I see the page and on above it, as you referred to, and the receipts are in that picture, if anybody, which is to review that is just for clarification. I feel that would help. Does anybody have any questions that they would like to ask in the chamber? No. Online. Would you have any questions? Yes. Yes, please. Yeah, please go ahead. Hi, Alex. I was just wanting to ask those receipts that you had. Did it show any alcohol on those receipts? Which receipts are you referring to? The ones that you said, the credit ones. I think that was in the home office submission. All right. Okay. That's fine. I just didn't. I thought there was no alcohol on there. I just want to confirm that. You said that you've had six years of complaints regarding protection from home and serving alcohol to people who were probably drunk. I'm using the word drunk. What happened with those complaints? Did they get followed up or was there any action with them? Yes. So in the report, I do talk about the visits that I undertook with the police licensing officer. There were letters also sent a bird's eye of outline because we were unable to evidence that any offenses actually. Right. There was no formal action by the licensing authority on those occasions. So where did those allegations come from? They came from a variety of sources. For example, I believe in the May 2018 one that was. A member of staff from a local six form college because there is a very big six form college down the road from lots of sparkles. The complaints have also come from parents of children who are underage as well. Can I just ask? Sorry. I just got a few questions to understand here. Can I just ask the allegations of serving people who were drunk? Where did they come from? Local residents. Okay. Have they witnessed all sales in the shop? No, it was from people who are living in the vicinity who were also complaining about noise from people who were congregating outside. So it was an allegation. Yeah, which way? Okay, that's fine. Thank you. I think there was also a complaint from the teacher at the six form college that they'd arrived in their lesson drunk. Yes, that's right. I think that was. Yeah, but that would be an allegation that's gotten like you say, that's no proof that that came from that shop. No, I believe that was the May 2018 one and it was said that the student when they got back to the college and had allegedly bought that bottle of alcohol from lots of sparkles. They then had to be, they had to go to a hospital due to the amount that they were intoxicated allegedly. Yeah, thank you. Sorry, I remember that because I had issued that and then I like to be there and some police officers, they come to my shop and they check my CCTV and they check through the till as well. All the record, they couldn't find anything there because the people who buying somewhere else, they're using my shop name because I'm nearly 17 years running the shop. And everyone, even I see from my eyes, when I refuse, they are going to the opposite shop and buying and showing me and going like that. End of day, they are using my shop name and the proper evidence, they come and check in my shop, the CCTV and the till record, they didn't find anything that will record on that time. And the CCTV also, they couldn't find anything. So 100% is showing, I didn't sell anything for that. Thank you. No, that's useful, thank you for that, your presentation is very important, so thank you for letting us know that. Can I, sorry, can I just add? Of course you can, yes, please carry on. So the following year after the allegations, I was a student at one of the colleges at the time. And I've also heard a lot of people say like, you know, you can just say it's from sparkles because they'll believe it. If your parents are say it's from sparkles, they'll believe it sort of thing, because that's the reputation that we've been given because we're so local to the colleges. But in all honesty, they haven't bought it from us. Who knows where, but it wasn't bought from us and it's just the reputation somehow we've built over time. Okay, thank you for that. Any other questions? Okay, Jane, it's actually over to you now anyway, so you have for for Jane, it's all yours. Okay, thank you. Just like to say, thank you to the committee for the opportunity of being here. Obviously, we'll have a few problems, which they'll tell you about. Basically, we've covered it to family business that's been licensed since 2007. It appears that over the last, the latter years. So, Alex's report included some things from 2018, but in the main from 2022, that there's been massive problems there. I got involved with the, I didn't get involved initially with Mrs. Mariflorn and looked at the situation and obviously assess how difficult things had become. And basically just looked at trying to protect the license going forward. I know that's kind of a decision that's up to yourselves today. So, in hindsight, leaving the, the premises in the limited company and in Mrs. Mariflorn's name for such a long time, maybe wasn't the best thing. It should have maybe been dealt within 2022. However, it wasn't and we then had the resulting events happen. But what we've done now is obviously there's no, there's no defense to the immigration charge. Also, there's no defense to what was, what was the environmental health and the pled guilty through the court. She pled guilty last week and that was dealt with as the officers just said. But what we'll have done is we've looked at the whole concept of running the shop. I can imagine it's very important to them. It's the main source of their income that it's a business, a family business, and Mrs. Mariflorn has stepped away completely from that business now. So what we've done is made massive changes, put a new company in place, remove Mrs. Mariflorn completely, transferred the license into a new business, put a Miss Mariflorn as she's gone through her personal license and gained the personal license. In the last two, three weeks, put her in this DPS. We've also added the conditions that were suggested, said that that's obviously something that would be accepted because there were additional conditions suggested by trading standards. And there were never acted upon in the historical places. We've got the refusal registers, we've got age-related products, checks. We've got the full compliance records. We've also suggested that a condition could be added with saying that nitric oxide would not be on sale at any point of time. We've got the full training in place, immigration checks. And obviously, Miss Mariflorn was there today to speak on her behalf as to how she would take the business forward as the DPS. She is the one that would be focusing on running the store. Okay, thank you for that. Any questions? Okay. So I believe that is the last representation. So you have a chance now to speak to us. My colleagues at the moment don't have any questions, but if not questions, concerns. One of the things is you would be, or now, a new license holder. And as you said, you were a member of nearby college when some of these allegations came up. And you've also told us that it was perhaps a reputational thing that your premises actually was accused of doing things, but, in fact, didn't do them all. So how long have you been associated with the shop for a long time? I was always in and out of the shop purely because it was local to all my schools growing up, but I wasn't involved in the handling and running of things until now, basically. I've been at university for the last three years, and my mum has a condition over the last three years, and that was when I think everything sort of started going downhill with the shop. So I took the decision to kind of take over and push my mouth the story completely. My mum being Mrs. Murphy. And that is because we've seen in the report and, in fact, there are photographic evidence here of various items being sold in the shop at illegal dates and so forth. And that is obviously, is going to me, obviously, anyway, is going to form part of the reputation that you've already admitted the shop had. So, there's illegal rapes there, there was nitrous oxide canisters, and indeed, also tobacco that had not been duty paid. So there was lots of items in the store and being sold there that were, in fact, illegal anyway. And so, would you not think that that's probably contributed rather a lot to the reputation of that shop because people could go there and buy those illegal items? Now, what's in my mind is that, as you've already said, there is a reputation there. One, is there still a reputation there? Two, if so, how would you combat that reputation? And how do you see yourself being able to move forward and leave these items? I know they've been dealt with by other places, so I'm not asking that. I'm looking forward now because it's quite difficult, isn't it, to move forward from this position and be able to run the business without having further issues with people attempting to buy illegal goods. And we've already heard a group of young people being particularly challenging in the shop and being very difficult to control. So, all those factors in the future, because it's part of the part history of the shop and that's just the way it is it's documented here. How if we're looking forward to say, well, okay, how is that going to be dealt with? How would you adequately address those issues to give confidence that a new license holder would turn these premises around to be something completely different to what it was? I'm sort of interested to see how you feel about that. So, with regards to the illegal goods, for example, the tobacco that was found the tax-free ones, those were for personal use strictly. I bought them when I was coming back on a flight for my dad, if I'm honest, and they were strictly for personal use, they were not sold to anybody and they will not be sold to anybody again. If God forbid it was, it won't be. The Vapes also, I believe they were there from previous stocks, but since then I've checked all stocks that have come through into the shop, all the invoices have gone through me to make sure that there is nothing that shouldn't be sold in the shop. And as well as, there was, there was a Vapes in this address, yes. So from now going forward, and it has been for the last week or so, all the stocks have been coming through me, all goods that have been bought have been coming through me, I cross-check everything and nothing that shouldn't be in the shop, isn't in the shop and will not be here going forward. Also, with regards to the reputation, I believe the only thing we can do is sort of work forward and show that the reputation we hold will not be there any longer. And that means, for me, I find it easier to turn down underage sales and better not, because I'm also of a similar age range and such, so it's more of a smile, I'm sorry, I can't do it. You know, you've got to be this sort of thing and a valid explanation rather than, no, I'm sorry, not happening, sort of thing. So I think that also helps, and I think with the people that sort of come in, I'm either known by their old as siblings or that sort of thing, like, it's sort of a community in the area, because I went to school with their siblings or their parents have known me since I was younger, that sort of thing, generally speaking, not obviously everybody. So I think I haven't had any issues with turning down anything at all when I'm there. And I will also be making sure that all sales come through me, if there are any questions or doubts about it, if there are any questions on the status of the IDs, whether they're real, whether they're fake, that sort of thing, it will all be processed through me. I'll be there every day, so I believe it will make a very, very big change and no more faults will be seen on our part, going forward. Yeah, thank you very much for that. Council comments, please. Thank you. I think, I think Councillor McPherson has asked quite a few of these that I was going to ask you, so that's really clear. So is anybody else employed in the shop? Obviously you're not going to be there. Currently, it's just me, my dad and my uncle, so my mum's brother who's helping out sort of thing just because it jumped from mum being there also to just me and dad. So we've had my uncle who also is a personal licensed holder to be there with us if need be. It's just because we're doing like school runs, it's either me or dad, so one of us sort of needs a third, a second person in the shop with us. So he will be helping us out, but mainly it's just me and dad. Thank you. Could Mr Merriff, can I ask then how much involvement are you likely are you expecting to continue to have? Is it a full time post for you there working in the shop? Me? Yeah, of course. Yeah, I'm going to be a full time. Mostly, but because, you know, my condition, my knee pain and everything, so I had to do a caching already and everything for her mainly. So now she's to put the advertisement for the staff, so once we get the most staff, then I will do only caching already and shopping for the shop. That's all I will do mostly. Thank you. And can you tell me about the premises above? What's above the shop? I have a rooms there because some time I stay there and I kept, I took the house upstairs for my staff, whoever worked before, before I had a two, three staff, so they stay upstairs. But some time I, if I'm well late night, 11th day, this is some time I stay there as well. So I keep one room. I went out one room there. So I'm, since I took the shop, I'm keeping the house upstairs. So you rent out one room? One room, yeah. Thank you. Thank you. Could I just add as well, Che, please? Can I just finish, please? I'm sorry. No, that's fine. It's difficult. It's not difficult online. That's fine. We understand. Thank you. There's just one thing about the name. So there's somebody who really can suffer. Sorry, I can't pronounce that mouth. Is that you? That's my, that's what he said. Yeah, I just wanted to check. Okay, if I can just draw your attention to, we have a copy of the letter it's back document. It doesn't have a number on it. It's the letter from the previous license holder. And there's a paragraph there, which says we're going about halfway down the page, which says it's referring to the person we now know is Alex. That's the only name I'm going to use. I will say we as a family have taken him into our home and life as he's suffering the mental health problems following his arrival into the UK. That's a paragraph I'm looking at. Would you know, I mean, you're not the person who wrote this letter, so you might not be able to answer this. But can you tell me how long of two questions, how long that your family had known this person and how did they get to know him? I'm interested how, how that relationship came about and how this person who is proven to be legal at the time found their way to your premises and what made you support this person at that time. Thank you. Because he's locally from my, in Sri Lanka next to my village. So he moved to UK, I don't know when he moved. After I hear that he was here and he couldn't find the house or anything to stay. So he called me and asked me, can I stay in there? I said, yes, fine. Then when I take him, I don't know he had a mental problem. Once I took him, then I have the mental doctors advice me don't leave him alone in the house because I have the letters as well that I bring it here. So they advise me don't leave him in the house alone. Wherever you go take him. So normally I take him wherever I go. Cashing over you, anyway I take him and mostly he come to the shop because he like to, you know, now he is OK with English but he's not good with English. So he like to communicate with the people. So he like to some and stay in the shop. So I don't stop that. When I come, he come with me, he stay in the shop, talk to the people outside and everything. So it's helping him for the mental issue. That's why I'm the main thing. And I try to push him because he's a very strong man, good man, but he'd have a confident. So I try to let him sometime in the till as well. I'm not lying. I let him mostly when I'm there. But last time when my wife was there, I was in Sri Lanka. I went to Sri Lanka. My dad was ill. So my wife went to pick my daughter or something. That's why he was there one another in the shop. That's what has happened that time. So sometime I let him to stay in the till to make, you know, I know I don't pay him anything and he stay in my house and he don't pay me anything also. I give the food and everything. So I'm just helping him. That's it. Okay, thank you. I've just got another couple of questions related to that and just looking for the page in the report. There's report from the immigration officer, which is why I asked that question this question earlier in the hearing. I just can't locate the patient where the question was asked. Oh, here it is. Yeah. Page 23. That's the one. Page 23. The latest stated that the owner and her husband had allowed him to move into accommodation above the shop 20 days ago. So he said he was living in the flat that you've just set knowledge to cancel the pounds that you do hire out. So was he living in that flat? No. Elsewhere in the report you say he was with you. So what made you do we know what made him say you're living in the flat? I'm not trying to pressure on you. No, that's fine. We're just trying to get a picture for the future. So you understand? Because, you know, he stayed with me. Where have I stayed? He's still with me. But that time I was in Sri Lanka. So because my wife is alone in the house. So our culture, he don't want to go and stay in our house because why to salon? That's the main reason because I was in Sri Lanka at that time. When I'm in the house, he come with me and stay there. But on that time, my wife is alone and my little daughter. So for our culture, he don't want to go when I'm not there in the house. That's the main reason he said he will stay upstairs. Okay. That's a clarification. You have to clear that point. And I got the letter as well if you want to see for the mental issue problem from the hospital. That's fine. Thank you so much for that. That might be helpful. Thank you so much for that. And I promise you the last question at the moment, going back to the letter because we haven't really asked you much about the immigration report. So this is where I am now. So a little further down on that letter, the previous license holder says I was aware of the status of his immigration. However, did mistakenly think it was within my remit as a friend and mentor to allow him to be present in the premises and take over temporary from me in the unpaid capacity. But it's the first line, really. I was aware of the status of his immigration. So I'm guessing you were too. So my question there is, as you were aware of the status of immigration, I'm just interested why you didn't take the necessary steps that would be required for somebody in this country illegally. And I have to be blunt here. I'm afraid. And that is, if the same situation arose again, what would you do? I didn't think to employ him in my shop because he come with me. When I'm in the till, he just do something. I know, because he don't like to stand or sit like that, and he can't stay in the house by all. So he come always with me and just walk around or talk to me, you know, that's what I do. I don't want to employ him. I didn't think to employ him. So that's why I didn't think that time. But if I employ someone, always I check the, you know, NA number, passport. I take everything, copy and keep it in my file. Before I had a previous staff, I normally do like that. But this is, I tried to help him because he had a mental issue. I can't leave him alone in the house. So I take him with me, always where I go. Okay. Thank you for that. Members? Any other questions? No. Okay. We're back online in that case then. Did you wish to say anything? Okay. We've still got that connection. Can I just add to that? Yeah, please do. Sorry. I just wanted to say that I was unaware of all of this happening at the time. And had I known I would not have been at K with it, except I think it was a bit stupid to have somebody in there in the shop. Yeah. Dad wasn't aware of it for most of it as well. Like him being left alone per se because Dad was obviously in Sri Lanka. So neither of us were aware of what was sort of going on at that point. I thought Mum would have full charge over that. But when I found out, I was kind of like, yeah, you can't just have somebody helping. I understand him helping with sort of stocks, like bringing stuff in from deliveries. That sort of thing. Okay. I get behind the till was something I'd never be allowing ever again. Quite frankly, whether it's him, whether it's anybody else, it's, it's not okay because that's where we serve the alcohol. That's where we like sell it. So it shouldn't, he shouldn't behind there, whether it's just sandwiches, someone's buying or not personally. Also, Dad wasn't aware of the, I don't think he understood your previous question as well. But Dad wasn't aware of the immigration status of the man at the time. It was just sort of, oh, this guy is here. Could you help him out sort of thing from other family members in Sri Lanka? And I'm not too sure what exactly Mum said in the interview, but she was clearly more aware of things than me and Dad were. Sorry to stop the fact that there's one in Dad. No, that's useful. Thank you. Jane, did you wish to come in now, Jane? Or I was just going to ask the environmental officers and the immigration officers, they had any questions so far. Or you can come in now, whichever way you choose. Okay, in the absence of Jane dipping in there, can I just ask the officers if you have anything you'd like to ask on what you've heard in the last few minutes. Well clarified. Chair, sorry, it's Ms. Goldsford, could we just pause it? I've just admitted Jane again, so can we just be clear that she's online and she's heard us, etc. Yes, I did. It falls temporarily, so that's why I came back. But yeah, I heard everything that Ms Marifull said. The only thing that I wanted to add on there, Chair, was that would agree that any staff that come on board will receive full training before they are actually allowed to take any duties within the shop. That's what I wanted to say before. Yeah, that's kind of you, Jane. Thank you. I'm glad you heard all that because we'd have to go through it all again. Otherwise, I did. I did. It was just a slight. It just said that it falls, so it was kind of just a few seconds, so it was fine. Thank you. Yeah, that's absolutely fine, Jane. I think we've all experienced that over the last few years, haven't we? If I asked a couple of direct questions, the office is really important, because we're looking at not only historically, but we're looking for license application going forward or license continuation going forward. So I'm just going to ask you collectively, not individually. Could you, if you have concerns or if you have objections, could you raise them now, please, so that we can consider them because we've got a report up to now, but we're looking to the future as well. And what is best for the residents and to the upholding of the licensing directives and objectives, and it would be extraordinarily helpful to have any last comments, either way for or against, however you wish to. If you wish to make no comment, that's also fine, but I'd just like to give you an opportunity to raise anything you might want to now. There are no comments, I'm just to ensure that the licensing objectives are held in the prevention of crime and disorder and the prevention of protecting children from harm, to ensure that happens and happens. And that is our objective as well, absolutely, and that's why we're all here. I think it's just important to get that out there as a situation, these different what it was, I just need to understand from professional perspective how the officers feel. Because it's very difficult for parents to make any sort of decisions if we don't have a feel for how your professional opinion is at this stage now we've heard all the representations. So, I will just ask everyone goes online as well Jane online as well. If you have any final comments to make before I ask our learning colleague to make any comment that she wishes going forward. So Jane. I think it was covered everything. Thank you. Okay. Thank you very much. So, with regards to the objectives and like safeguarding of the children and nuisance that sort of thing, I just wanted to say it's something I quite I hold quite close to me because I've got a 12 year old sister as well and I wouldn't want my sister to be in the same position as people being influenced by alcohol and whatnot at that age. So it's something I would not let slide at all easily in any way, shape or form. It's going to be readily and steadily checked and made sure that everything is smooth as physically possible. And the reason I want to get so involved in this is because we've had the shop since 2007 I was five at that point. So it's, it's very close to my heart. And it's also our main source of income like it's what's brought us to where we sort of are now. And it's not something I'm going to let slide easily. If as soon as I heard there was all of this stuff going on, didn't keep me involved for a very long time but as soon as I heard it was going on. I stepped foot and I've decided to take over now. So I can, I can ensure you that it's going to be under full control now that I'm here. And it's, it's always been a very, very important thing like place for me growing up. So I will not let anything get out of hand again is my statement for you. Thank you. That's useful. So you see this is a long term move for you, because you've just, as you said, you've been at university. You may have a completely different career in mind, but you see this is something long term going forward. Okay, thank you. So one last call for anybody. Any other statements Luke, you have the last word. Yes, check. I just refer you to your options on 5.2 on page 10. Member should take such steps that they consider unnecessary for the promotion of the license objectives and the subcommittee may resolve to leave the license as it is to modify the conditions of the license, to exclude the license for activity, activity from the scope of the license, to remove the designated premises supervisor to suspend the license for a period not exceeding three months or to revoke the license. Members must give reasons for their decision. Thank you. Okay, thank you for that. I'm sorry for the city. I don't know whether you received all that. If you had any legal comments to make anything we may need to consider. I don't have any comments or questions at this stage other than my professional evaluation has been a fair process. Everyone's had the opportunity to speak, et cetera. Thank you. Thank you very much for that. In that case, ladies and gentlemen, we will vacate from here and we'll have some initial discussions. If you, as I normally say, if you give us about 30 minutes, 40 minutes or so, then we'll come back with some sort of manageable time scale whether we're going to make a decision today. Or, and if we are the sort of timescale that that's going to be so you're not just hanging around wondering if you can be here for an hour or six hours. So give us 30 minutes 45 minutes or so just to sort of evaluate that, come back with some sort of timescale for you. Is that acceptable to everybody? Thank you so much. 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Sometimes this happens when we have initial deliberations, just another couple of questions pop up. But I can tell you that in my previous form, so I'll give you an idea of time scale. We will make a decision today. We're estimating somewhere between one and a half, two hours maximum, something like that that we'll be able to come back. So we have just three additional questions to ask. Can I ask you please, what else do you sell in the shop besides? We've seen listed alcohol, nitrous oxide and babes. Can you tell me what else is sold in the shop please? You mean like general products we have? So it's groceries, food items, dairy items, international food items, so we have a future Lankan stocks and Polish stocks, bakery items. [BLANKAUDIO] So you describe it as a general story. Yeah, general story. [BLANKAUDIO] Also just to confirm there is no more nitrous oxide being sold in this store, if that was a doubt at all. There hasn't been and there won't be any more. [BLANKAUDIO] Yeah, so how big a part of the business is the alcohol in the vapes, would you say, in terms of turnover? I'd say it does play a very big part in our income for sure. I feel like without it, there would be no point having the store quite frankly in that specific location, as well as the amount of stock we have. And with the amount of babes that have been sold over the last few years in general around the world, it does play a very big income in our shop. Yeah, thanks for that. Kirsty, can I ask if I know, surprise, wasn't it? When I asked that, just popping back to the question about the prosecution, what happened to all the illegal stocks that was there? Was it seized? Was it all seized? So from my point of view, I seized all of the illegal vapes and that outcome has not been determined. Yeah, because we were waiting for today and the prosecution here in the last week. So we put that to the side for the main venue. Okay, but they've been removed from the premises though. They have, yes. They're not there now. And do we know about the Notchus Oxide and the disposal thereof of Notchus Oxide? That would be a police matter. It doesn't fall within my remit. But you don't know, you don't actually know about that. No, we didn't see any while we were there. Okay, I'll go back to yourself in that case. So you said that the Notchus Oxide had been removed. What happened to it? How was it disposed of? Do you know where it is now? Because, of course, possession thereof is also illegal now. So we just like to know where those kind of things went. How they were disposed of what their location was. We don't stop that much. We normally get once a week. But once they banned, I think, January or February, then they stopped selling that. We don't have any of them. It was given back to the sale of Notchus Oxide. We got rid of it completely. I'm sorry, I just need to be clear where it is. So that went back to where it came from. Okay, so did they come and collect it? We're quite keen to know where those are now, that they're not in the shop anywhere, and that they were disposed of legally, and they're okay. So normally every week I get delivering for all the stuffs, like the newspapers, the law papers and some people, they deliver. So they deliver this one as well. But after January, I stopped taking that. I called them personally to get it removed. So the people that provided the gas at the time, but also the people that provided the papers, the filters for the tobacco, that sort of thing, the small bits and bobs. So when I knew that it was in the premises, I told them to come and take it when they did our next delivery for the rest of the stuff. So it was removed completely and legally. I have a final question about CCTV that is that still in the premises and operational, and there are people there who actually know how it operates and should that footage actually be required by any enforcement agency, be it immigration or any enforcement agency, but whoever's on the premises would be trained enough to retrieve that information and make that available to those agencies. So I now have full access over the CCTV officially, and I have it running at all times on a side, but I also have it on my phone. So if it needs to be, if I get a call to check something, I can do that also. But yeah, if it needs to be returned or anything, that will come through me and I will provide it to whoever needs it. Okay, just for anything else? Oh, so that's inside of the shop. Oh, yes, I can see. Yeah, I can see what you mean. Yeah, no, that was useful. Yeah, that's useful to see that. We have two cameras, one facing the customers and one facing the staff. That is 24 hours monitorable, and then we have a few that are inside the shop itself that aren't recorded, but they're there for us to see what the customers are doing at the back. Okay, so they're like slave monitors to the actual, okay, so there's not two recording systems. If one recording system, you've got two slave monitors. Okay, and how the slave monitors viewed? They're on a TV sort of within the display of our sort of the staff seeing it. So we can see sort of around the corners, that sort of thing. And are those monitors actually available to the public? Could the public see those monitors as you come in? So they're not recorded anywhere, but I know what you mean. So it's to combat other crimes and theft and so forth, isn't it? So are they noticeable, are they viewable to the public as they come in? Yes, so they're sort of within just like everyone can see them. The customers can see it, we can see it, and the cameras are visibly positioned so they can see that they are being monitored. And you've got the signage outside the shop saying these premises are covered by CCTV and the license hold of Black CCTV and how it's operated. And there's normally a contact number, isn't there, for anybody who is actually in charge and responsible for that system. Currently it's still got dad's phone number on it, but that doesn't seem to change. So thank you for reminding me. Okay, no, that's fine. Thank you very much. Anybody else? No, that's fine. Okay, sorry about that, to bring your word and get back online and everything. I know that could be a little bit of a juggle, but I think it's important to actually get to everything. These are important decisions, so sorry to sort of back people around a little bit. So we're going to disappear again for a little while, but we're hoping to sort of get this inside a couple of hours, if maybe a bit less. We'll see how we go, but it's not going to go on till tea time tomorrow. Okay, thank you so much. We'll see you in a moment. 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[BLANKAUDIO] [BLANKAUDIO] [BLANKAUDIO] Okay, thank you everyone. So we have reached a decision and I'll read out the document if you don't mind. And their offer of copies will be available to you. So to consider review applications submitted by Immigration Enforcement Alcohol License at the Home Office in regards to the premises license of Luxor Sparkles 103, Cherry Hinton Road, Cambridge CB17BS. We heard representations from the following chief immigration officer, senior training standings officer, environmental health officer, premises license holder and designated premises supervisor. The reason you appeared before the subcommittee, an application under section 51 of licensing at 2003 for a review of the premises license with respect to Luxor Sparkles 103, Cherry Hinton Road has been received from the immigration officer. Subcommittee had to decide such steps that they consider unnecessary for the promotion of the licensing objectives. The licensing committee may resolve to a leave license as it is, modify the conditions of the license, to exclude a licenseable activity from the scope of the license, to remove the designated premises supervisor to suspend the license for period not exceeding three months. To revoke the license and for this purpose, conditions of the license are modified, if any of them is altered or admitted, or any new condition is added. Making a decision, we considered the following list, the Statutory Provisional Licensing Act 2003, Statutory Guidance, Chamber City Council Statement of Licensing Policy. Reports received advice from legal officer and representations from the immigration officer, senior trading standards, environmental health officer, license holders and Jane Gilead agent for the premises license holder. We found the following facts, representations made by the responsible authorities and the premises license holder and Jane Gilead agent for the premises license holder were all relevant. We did not consider the following matters to be relevant, and that is the personal circumstances of the family. The reasons for this are that personal circumstances of the family are not relevant to the licensing objectives. Our decision is as follows, to leave the license as it is. The licensing subcommittee recommends that the licensing authority provide the following support, that the licensing inspection is undertaken within six months of the date of this decision. Our reasons for reaching the decision are as follows, there were no objections to the new premises license holder and no evidence that she would not correctly fulfill the role in accordance with the licensing objectives. The subcommittee has considered the history of the premises and the fact that the premises license holder is new to the licensing trade. The subcommittee has considered that Miss Marfolio's commitment to uphold the licensing objectives and has decided to leave the license with it as it is with the above support. And that concludes the hearing except to just remind the applicants that those who made relevant representation have the right to appeal to magistrate's court within 21 days from the date of this decision. By contacting Cambridge Magistrates Court, Court House Bridge Street, Peterborough, PE11ED. Thank you everyone. Thank you chair. Thank you so much. [BLANKAUDIO] You [BLANKAUDIO]
Summary
The council meeting focused on reviewing the premises license of Luxor Sparkles due to concerns raised by immigration enforcement and other authorities. The committee decided to leave the license as it is, recommending a licensing inspection within six months.
Decision: Maintaining the Current License The decision was to not change the premises license for Luxor Sparkles. Arguments for revocation or modification cited historical issues under previous management, including illegal employment and sales of restricted products. The new license holder, Miss Mariflor, argued her commitment to compliance and reform. The decision implies trust in the new management but with oversight through a forthcoming inspection.
Additional Information: The meeting was notably cooperative, with no objections to the new license holder from any party. This consensus, despite the shop's troubled history, was unexpected and highlighted a collective focus on future compliance rather than past mismanagement.
Attendees
Documents
- Agenda frontsheet 22nd-Apr-2024 10.00 Licensing Sub Committee agenda
- Sub-Committee Hearing Report DRAFT
- Appendix A - Review Application and supporting docs
- Appendix B - Representations
- Appendix C- Premises Licence
- Appendix D - Information from licence holder
- Appendix E - Application to transfer premises licence
- Appendix F - Current Premises Licence
- Record of Decision 22nd-Apr-2024 10.00 Licensing Sub Committee
- RecordofDecision_22_4_2024
- Public reports pack 22nd-Apr-2024 10.00 Licensing Sub Committee reports pack
- Printed minutes 22nd-Apr-2024 10.00 Licensing Sub Committee minutes