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Licensing Panel - Monday 20 May 2019 7.30 pm

May 20, 2019 at 7:30 pm Licensing Panel View on council website

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Summary

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The Licensing Panel of Harrow Council was scheduled to consider an application for the review of the premises licence for Express Food & Wine, located at 21 High Street, Wealdstone, HA3 5BY. The meeting was also set to outline the procedures for oral licensing hearings.

Review of Premises Licence for Express Food & Wine

The primary focus of the meeting was scheduled to be the review of the premises licence for Express Food & Wine, 21 High Street, Wealdstone, HA3 5BY. This review was initiated by an application from the Metropolitan Police Service, citing concerns related to the prevention of crime and disorder.

The report pack detailed several incidents that led to the application for review. These included allegations of breaches of licence conditions, the presence of smuggled goods, and immigration offences. Specifically, during visits by the police, it was reported that the licensee was unable to uphold the licensing objective for the prevention of crime and disorder. The report highlighted that:

  • On 19th December 2018, during a day of action, a male working at the premises was arrested for immigration offences. He was unable to answer questions about the licence and was found to be in breach of his immigration bail conditions. Harinder Singh Kapoor, who identified himself as an owner, stated the male was only covering for a short period.
  • On 1st February 2019, the same male was found working at the premises again, despite being informed he should not be working. He claimed he was just helping. During this visit, non-duty paid tobacco was seized by Trading Standards, and the CCTV system was found to be not in working order, which is a breach of a licence condition.
  • On 22nd February 2019, a test purchase operation correctly refused the sale of alcohol to a minor. However, during a follow-up visit, the CCTV system was again reported as not working, and an unknown male attempted to sell suspected stolen goods on the premises.

The report pack referenced statutory guidance from the Secretary of State, which states that criminal activity arising from licensed premises, such as employing individuals with no right to work or selling smuggled goods, should be treated particularly seriously. It also noted that where reviews arise and the licensing authority determines that the crime prevention objective is being undermined through the premises being used to further crimes, it is expected that revocation of the licence – even in the first instance – should be seriously considered.

The report also included representations from Trading Standards, who seized non-duty paid tobacco products on 1st February 2019. These products failed to comply with labelling requirements and were believed to have not had duty paid, potentially undercutting legitimate businesses and encouraging underage smoking.

The Licensing Panel was to consider the application for review and any relevant representations. The report outlined the potential steps the Panel could take, including modifying licence conditions, excluding licensable activities, removing the designated premises supervisor, suspending the licence for up to three months, or revoking the licence entirely.

Licensing Procedures

The meeting was also scheduled to outline the procedure to be followed at an oral hearing for licensing matters. This procedure, detailed in the report pack, covers the steps from introductions by the Chair to the announcement of the Panel's decision. It includes the presentation of reports, statements from objectors and applicants, questioning of parties, concluding statements, and the Panel's deliberation process. The procedure also covers the role of witnesses and the possibility of adjournment.

Topics

No topics have been identified for this meeting yet.

Meeting Documents

Agenda

Agenda frontsheet Monday 20-May-2019 19.30 Licensing Panel.pdf
Supplemental agenda Monday 20-May-2019 19.30 Licensing Panel.pdf

Reports Pack

Public reports pack Monday 20-May-2019 19.30 Licensing Panel.pdf

Minutes

Printed minutes Monday 20-May-2019 19.30 Licensing Panel.pdf

Additional Documents

LicensingPanelProceduresforaReviewREVISEDNov2015.pdf
Final Licensing Panel report - 20 May 2019.pdf
Appendix 1 - Review Application_Redacted.pdf
Appendix 2 - Location Map.pdf
Appendix 2a Photo of premises.pdf
Appendix 3 - Premises Licence and plan.pdf
Appendix 4 - Reps.pdf