Agenda item

Following introductions, the Chair confirmed that all parties had received a copy of the paperwork and explained the procedure for the hearing.

Introduction by the Council’s Licensing Manager

It was reported that a review of the premises licence had been sought by the Council’s Trading Standards Team on the grounds of the prevention of crime and disorder, public safety and protection of children from harm. It was noted that in April 2011 counterfeit bottles of Jacobs Creek wine were found in possession for sale at the premises.

Members were reminded of the options available and the relevant guidance and legislation that must be taken into account when determining the matter.

Questions to Licensing Manager 

None.

Representations by Responsible Authority

Mr Adshead, Senior Trading Standards Officer stated that following information the department had received, the premises were inspected in April 2011, where 25 bottles of counterfeit Jacobs Creek wine were seized.  The bottles were examined by the Trade Mark owner and confirmed as counterfeit.

Members were reminded that the premises had already been subject to a review application in January 2011 where a number of additional conditions were imposed on the premises licence. In addition, a yellow card warning was also issued to the premises, warning that if a further review was necessary and matters had not  improved, the premises licence may be revoked.

Questions to Responsible Authority

A Member questioned whether there was a sell by date on the bottles seized. Mr Adshead explained that due to the fact that the bottles were counterfeit goods they did not have an expiry date on them. However, intelligence had suggested that they were being sold in November 2010.

Representations by the Premises Licence Holder  

Mr Rajeetharan submitted that the goods must have been part of the stock that he had inherited when he had purchased the shop and that he would make sure all future stock was checked carefully.

Questions to the Premises Licence Holder  

Mr Rajeetharan informed Members that he had purchased the business in 2008. A Member questioned where the stock for the business was purchased from. Mr Rajeetharan stated that whilst he normally purchased goods from the cash and carry, the counterfeit wine was part of the stock he had inherited when he had purchased the business.

Summary

Following a short summary from all parties, they were asked to leave the meeting whilst the Sub-Committee deliberated.

Decision

All parties were asked to re-join the meeting.

Having carefully considered all the information available, the Sub-Committee decided to revoke the premises licence.  In reaching this decision, Members were mindful that this was not the first occasion on which a review of the premises licence had been sought. In addition, Members were mindful that in January 2011 the premises were issued with a Yellow Card in accordance with Central Government Guidance. 

Members were mindful of Government Guidance which stated that where a review application has been made for the same premises and there had been a lack of improvement the Licensing Sub Committee should look to revoke the premises licence. Members were of the view that the seizure of counterfeit goods at the premises undermined the licensing objectives relating to public safety and crime and disorder and given that the premises were already subject to a Yellow Card warning; revocation of the premises licence was a reasonable and proportionate response.