Agenda item

The Sub-Committee considered details of a review of the Premises Licence for Grover Superstore, requested by the Licensing Authority under Section 5 of the Licensing Act 2003. It was noted that the review had been submitted by the Licensing Manager on behalf of the Licensing Authority.

 

Following introductions the procedure for the hearing was outlined. The Chair confirmed that all parties had received a copy of the relevant paperwork.

 

Introduction by the Licensing Officer

 

Mrs Rumney, Senior Licensing Officer introduced the report and advised that a premises licence review for Grover Superstore, 2 Canterbury Avenue, Slough, SL2 1EQ was bought by the Licensing Manager on behalf of the Licensing Authority.  Members were reminded of the relevant policy and legislative framework within which the matter had to be considered.

 

The Sub-Committee were advised that that the Licensed Premises had been subject to three separate seizures by Trading Standards Officers of illicit tobacco products, sale of alcohol to a minor and breach of mandatory premises licence condition on a CCTV system operating to the satisfaction of Thames Valley Police (TVP) and the Licensing Authority.

 

Questions to the Licensing Officer

 

Sub- Committee Members asked for clarification when Trading Standards had conducted an operation using the tobacco detection dog. It was noted that this had taken place in March 2017 and not May 2017 as stated in the report. It was also highlighted that the number of illicit tobacco products seized in September 2014 totalled 210 and not 2010 packs as referred to within the report.

 

Members also asked for clarification as to why appropriate measures had not been taken following the first incident at the premises in September 2014. It was advised that although Trading Standards had submitted an application for a review of the Premises Licence, this had not been actioned upon by the Licensing Team.

 

Representations by the Responsible Authority

 

Mr Sims, Licensing Manager outlined the reasons why a review of the Premises Licence had been submitted on behalf of the Licensing Authority. PC Shardlow of Thames Valley Police, Mr Adshead of Trading Standards and Mr Cooke of Trading Standards were also in attendance.

 

Members were informed that the grounds for the review related to three of the Licensing Objectives not being met, namely the Prevention of Crime and Disorder, Public Safety and the Protection of Children from Harm.

 

Details of the incidents and grounds for review were outlined:- 

 

Tobacco and Food Infringements

 

9^th September 2014. Trading Standards Officers seized illicit tobacco products, totalling 210 packets of cigarettes and 12 x 50g pouches of hand rolling tobacco. All items seized bore no English Department of Health warnings and no statutory pictorial health warnings.

 

24^th September 2015. Trading Standards officers seized a quantity of pouches of chewing tobacco, Cutters Choice hand rolling tobacco, as well as out of date food products.

 

15^th March 2017. An operation was undertaken by Trading Standards Officers, whereby a tobacco detection dog was taken to the premises and illicit tobacco products were seized.  Officers seized 3x 50g pouches of Golden Virginia hand rolling tobacco, 5 x 50g pouches of Amber Leaf hand rolling tobacco, 4 packs of 20 L&M cigarettes and one pack of Marlborough Gold cigarettes, 7 packs of Benson and Hedges cigarettes, 7 packs of 20 John Player Gold Leaf cigarettes, 7 packs of Marlborough Gold cigarettes and one pack of 20 Pall Mall Blue cigarettes.

 

Sale of Alcohol Infringements

 

21^st November 2015. Following an underage test purchase at the Premises using two volunteers, a sale of alcohol took place to a 13 year old female volunteer and a 15 year old male volunteer. It was noted that the sale was conducted by the Designated Premises Supervisor (DPS) and neither of the volunteers were asked for identification, nor was any clarity on their age sought.

 

Other Infringements of Premises Licence Conditions

 

21^st November 2015. Police Officers in attendance at the Licensed Premises noted that the CCTV system was displaying an incorrect time and that this constituted a breach of mandatory Condition 3 of the Premises Licence which required that the CCTV system to be working to the satisfaction of Thames Valley Police.

 

Given that Mr Grover had previously been served with two cautions, namely in February 2015 and February 2016, the Licensing Manager stated that in his view, there were no additional conditions that could be imposed on the Premises Licence that would prevent further criminal activities taking place at the licenced premises. Sub-Committee Members were requested to give serious consideration to issuing the premises with a Red Card in accordance with guidance issued by The Department of Culture, Media and Sport, and that the premise licence be revoked.

 

Questions to the Responsible Authority

 

The Sub-Committee sought clarification into the inspections that had been carried out at the premises. Members were informed that 2 visits prior to 2014 had been carried out at the premises, following which Mr Grover had removed himself as the Designated Premises Supervisor (DPS) and appointed his wife to this role.

 

Representations by Mr Grover, Premise Licence Holder 

 

Ms Bal Sandhu of Justin Law Solicitors addressed the Sub-Committee, and stated that Mr Grover had operated the business for 11 years and this was the main source of income. It was noted that Mr Grover was a family man with three young children to support.

 

It was accepted that although sales of illegal tobacco products had been made by Mr Grover, he stated that he did not realise at the time of seizure that they were illegal products. It was submitted that since the seizures all goods were only purchased from wholesale cash and carry’s to prove purchase.

 

Referring to the sale of alcohol to a minor, Mr Grover explained that the individual was very tall and did not look his age.

 

Members were informed that the CCTV System at the premises had recently been updated. In addition, new members of staff had been employed, who had received the appropriate training, ensuring that regular identification checks were carried out.

 

Questions to the Premises Licence Holder 

 

A Member questioned why the volunteers were not challenged for identification. Mr Grover advised that when the underage purchase test was conducted the volunteers appeared to look old enough to purchase alcohol and tobacco. Mr Grover stated that he would normally challenge customers but that on this occasion he was distracted by deliveries being made to the store.

 

It was put to Mr Grover that as the Premise License Holder it was his responsibility to be aware of what was going on at the store. Mr Grover advised that the subsequent tobacco seizures were left in an old stock cupboard and were there without his knowledge. He advised the Sub-Committee that he had asked his staff to remove these products from the premises, but that this had not been done. He also advised that he was not present at the Licensed Premises when the third seizure took place as he was busy with the arrival of his new baby and he had left the operational running of the Licensed Premises to his staff. The Sub-Committee were advised that those staff members had now been replaced and further training had been provided.

 

Ms Sandhu requested that having taken into account the changes made at the premises, the Sub-Committee consider imposing further conditions on the Premises Licence and that the Premises Licence not be revoked.

 

Summing up

 

All parties were provided with an opportunity to provide a summary.

 

The Senior Licensing Officer reminded the Sub-Committee of the options available.

 

Mr Sims reiterated that there were no further conditions that could be imposed on the Premises License that would address the concerns raised and that the Premise Licence be revoked.

 

Ms Sandhu requested that a warning be issued on this occasion, give that a number of changes had been implemented and that Mr Grover had demonstrated remorse for his previous actions. The Sub-Committee were reminded that any decision would need to be appropriate and in their view revocation was not suitable in the circumstances. 

 

Decision

 

The Sub-Committee took note of the three separate seizures of illegal tobacco products, the sale of the alcohol to a child and the breach of Premises Licence conditions regarding CCTV and considered the persistent nature of the illegal activities at the Licensed Premises to be of great concern.

In its view, there were no additional conditions which could be placed on the Premises Licence which would prevent future illegal activities, nor would a suspension of the Premises Licence be appropriate, given the nature of the infringements. 

The Sub-Committee concluded that in order to uphold the Licensing Objectives the Premises Licence shall be revoked and the Licensed Premises issued with a Red Card.

Resolved- That the Premises Licence be revoked.