Agenda and draft minutes

RESOLVED that Councillor Taylor be elected Chair for the duration of the meeting.

There were no apologies for absence received.

There were no items of urgent business received.

There were no declarations of interest received.

There were no public questions received.

RESOLVED that the order of proceedings be noted.

Consideration was given to a report of the Principal Licensing Officer which asked the Panel to review the premises licence in respect of Sunny News & Off Licence, 4 Oxford Street, Oldham, OL9 7SN, following an application for review of those premises made by Oldham Council Trading Standards.

The Panel was informed that on 23rd July 2021, the applicant, Oldham Council Trading Standards, applied for a review of the premises licence for Sunny Off Licence. A copy of the application was attached at Appendix 3. The last date for representations in relation to this application was 20th August 2021.

The review was lodged on the following grounds:

Prevention of Crime & Disorder

Public Safety; and,

Protection of Children from Harm

Trading Standards had found illicit tobacco and single cigarettes being sold

on several occasions from the premises following complaints being received, the most recent occasion being the 20th February 2021, dating back to the 8th April 2014. During that period illicit and counterfeit tobacco had been found on six occasions.

Following the seizure of illicit and counterfeit tobacco from the premises on the 8th April 2014, the premises were issued with a letter which was acknowledged and signed by the Premises Licence Holder (PLH) and Designated Premises Supervisor (DPS). Since then, illicit and counterfeit tobacco had been found on a further five occasions. On the 31st October 2019 and the 16th January 2021 letters were sent to the premises notifying them of recent complaints, however, no response was received.

Full details of the complaints and visits to the premises were included in the Review Application attached at Appendix 3. As part of the review, Trading Standards were seeking revocation of the premises licence.

The Panel were asked to consider the Authority’s Licensing Policy

Statement. Their attention was drawn to Section 6 – Crime & Disorder, Section 7 – Public Safety and Section 9 – Protection of Children from Harm. They were also asked to consider the statutory guidance issued by the Secretary of State under Section 182 of the Licensing Act 2003.

The Panel were reminded that the steps available to them were:

a.    To modify the conditions of the licence

b.    To exclude a licensable activity

c.    To remove the designated premises supervisor

d.    To suspend the premises licence for a period not exceeding 3 months; or

e.    To revoke the licence

The steps taken that were appropriate to promote the licensing objectives should be specified. If none of the steps were appropriate and proportionate, no action should be taken.

In arriving at a decision Members must have regard to the relevant provisions of national guidance and the licensing policy statement and reasons must be given for any departure. The decision should be based on the individual merits of the application.

The Panel heard from Anthony Perkins, Trading Standards Officer, who informed them that, following complaints, illegal tobacco had been seized four times since 2014. Warning letters had been issued to Mr Ahmed in 2014 and 2019. Illegal tobacco had been found  ...  view the full minutes text for item 7.

The Panel was notified that this application had been withdrawn.