Content

At the hearing the
sub-committee carefully considered the papers before it which
included the written and verbal representations from Mr Shane
Elliot, Ealing Council Licensing Compliance and Enforcement Team
(Applicant). The sub-committee also considered verbal submissions
by Mr Harchran Singh, the premises licence holder, and Mr Surendra
Panchal, agent for the premises.
 
The
sub-committee considered the Home Office (August 2023) Revised
Guidance issued under S182 of the Licensing Act 2003 and, in
particular, the Steps to Promote the Licensing Objectives
(Paragraphs 8.41 – 8.49). The sub-committee also considered
the Ealing Council Statement of Licensing Policy.
 
the decision of
the licensing sub-committee was to:
 

1.    
Suspend the licence for a period of 1
months;

2.    
During this suspension for Mr Singh to undergo a
level 3 designated premises supervisor training;

3.    
For all employees to undergo appropriate training on
the licensing requirements;
 
Furthermore, the licensing sub-committee added
the following conditions to the licence:
 

1.    
There shall be a personal licence holder present at
all times when licensable activities are taking place at the
premises.

2.    
The premises shall not act as a collection point for
any prescription medicines.

 

 

REASONS FOR THE DECISION
In
reaching its decision, the sub-committee considered the range of
powers available to it, namely to: -
a.
modify the conditions of the licence (including altering or
omitting an existing condition or adding a new
condition;
b.
exclude a licensable activity from the scope of the
licence;
c.
suspend the licence for a period not exceeding three
months;
d.
remove the Designated Premises Supervisor;
e.
revoke the licence; or
f.
leave the licence as it is.
 
The licensing
sub-committee considered the serious breach of the licensing
conditions that had been recorded in Mr Shane Elliots
representation, with the possession and sale of illicit tobacco
products. The panel also considered that this was the first breach
of the licensing conditions recorded by council
officers.
 
Mr Shane Elliot
informed the panel of the reasons for his visit to the premises
which had constituted of intelligence gathered by the council of
illicit substances being sold in several premises in the area, King
Quality Food being one. The panel were informed of the events of
the council officer’s visit which included the confiscation
of:
 

·      
945g of illicit tobacco products;
and

·      
205 controlled pharmaceutical
drugs.
 
The panel were
informed that the employee at the premises at the time of the visit
did not wish to inform the officers when asked if more illicit
substances were on the premises. With the help of a sniffer dog,
more illicit substances were found on the premises after the
employees of the premises had said there would not
be.
 
The panel heard
the representations from the premises agent and considered the
length of time the licence had been held by the premises licence
holder and recognised that this was the first time breaches had
been recorded. The panel understand that the employee responsible
for not producing the illicit materials when asked had been fired,
in part, as a result of his failure to assist and comply to the
licensing officers.
 
The panel also
heard representations from the premises for the reasons of why
pharmaceutical drugs were stored on the premises. The panel were
unconvinced by the explanation that the shop had acted as a
collection point for local residents to collect prescriptions. The
panel seriously called into question why there were not correct
labels on these drugs.
 
In view of this
breach being the first recorded at the premises, the licensing
sub-committee considered that the decision to not revoke the
licence, but to:

1.    
Suspend the licence for a period of 1
months;

2.    
During this suspension for Mr Singh to undergo a
level 3 designated premises supervisor training;

3.    
For all employees to undergo appropriate training on
the licensing requirements;
 
Furthermore, the licensing sub-committee added
the following conditions to the licence:
 

1.    
There shall be a premises licence holder present at
all times when licensable activities are taking place at the
premises.

2.    
The premises shall not act as a collection point for
any prescription medicines.
 
This was a
proportionate and appropriate decision for what the licensing
objectives were intended to achieve.
 

RIGHT OF
APPEAL
The applicant, licence holder or any person who
made relevant representations may appeal against the
Sub-Committee’s decision.
Any appeal must be made to the Magistrates’
Court for the area in which the premises are situated within 21
days of the receipt of this notice of decision.
Any party who launches an Appeal at the
Magistrates court is requested to copy in the Council at the
time that the appeal is filed at court.  The person to copy in is Ms Hatoon Zeb- Senior
Lawyer (Litigation & Prosecution) at ZebH@ealing.gov.uk or London Borough of Ealing, Perceval House, 5-NW 14-16 Uxbridge
Road, Ealing, W5 2HL. 
Date: 26 October 2023