This meeting was reconvened from 1 October 2015 (minute 16 refers).

Heidi Jones, Trading Standards, attended the meeting together with Samantha Cushion and Geoff Lee, Merseyside Police Licensing Officers, Jon Hardwick, Environmental Health and Tricia Cavanagh, Public Health.

The Premises Licence Holder attended the meeting together with the owner of the premises and his representative, Mr Martin Green.

The Licensing Manager confirmed that all documentation had been sent and received and that no further submissions had been received during the period the meeting had been adjourned.  It was confirmed that the owner of the premises was in attendance but would not be providing any evidence during the meeting.

Ms Jones, Trading Standards advised Members that the review had been brought due to grave concerns regarding the failure of the business to promote the licensing conditions.  She reported upon a multi-agency visit that was made to the premises on 6 August 2015 involving officers from HMRC, Merseyside Police and Environmental Health when HMRC seized a large quantity of what was said to be duty diverted alcohol.  Trading Standards advised that over £400 of duty was avoided on the beer and £1800 on the tobacco.  It was reported that at the time of the multi-agency visit on 6 August 2015, Sam Ahmed was working in the premises when he was not lawfully entitled to work in the UK and that he had not received any training in respect of the law relating to the sale of alcohol as required by a condition on the Premises Licence.  Members were advised that as a consequence of the inspection of the premises on 6 August, officers identified that the Premises Licence Holder had failed to notify the Licensing Authority of his change of address in respect of his Personal Licence as required by Section 127 of the Licensing Act 2003.

Ms Jones responded to questions from Mr Green, Mr Coen, Legal Advisor to the Sub-Committee and Members of the Sub-Committee.  In response to questions, Ms Jones advised that Trading Standards were unable to provide evidence from HMRC that the seized alcohol and tobacco were illicit products however, the labelling of the tobacco products would have prevented them from being sold in England.

Mr Geoff Lee, Merseyside Police informed Members that the application to review the premises by Trading Standards was supported by Merseyside Police.  He referred to the joint operation made on 6 August 2015.  He expressed concerns in respect of the management of the premises as he considered that organised criminal activity had been taking place which included the employment of an individual who was not lawfully entitled to work in the UK, the storage of alcohol and tobacco which had been seized by HMRC as it was believed that duty had not been paid and breaches of the Premises Licence conditions.  He referred to the witness statement provided Christine Williams who reported that on 22 April 2015 a male had been causing disturbance in Birkenhead after sniffing legal highs purchased from the premises  ...  view the full minutes text for item 23

The Strategic Director of Regeneration and Environment reported upon an application that had been received by Trading Standards to review the Premises Licence in respect of K & M General Store, 7-9 Oxton Road, Birkenhead.

The premises currently hold a Premises Licence.

The Strategic Director advised that the Sub-Committee may, having regard to the application for review and any relevant representations, take such of the following steps as it considered appropriate for the promotion of the licensing objectives:

·  Modify the Conditions of the Licence.

·  Exclude a licensable activity from the scope of the Licence.

·  Remove the Designated Premises Supervisor.

·  Suspend the Licence for a period not exceeding three months.

·  Revoke the Licence.

The Licensing Authority may decide that no action would be appropriate if it found that the review did not require it to take any steps that would be appropriate to promote the licensing objectives.

The application had been received from Trading Standards who advised that the grounds for review were in relation to illegal activity occurring at the premises which included the sale of duty diverted alcohol, the sale of alcohol outside of the permitted hours and alcohol being sold to persons under the age of 18 years.

A representation had been received from Merseyside Police who supported the application due to the illegal activities taking place at the premises.  A representation had also been received from Environmental Health which related to the licensing objectives not being upheld due to alcohol being sold to persons who are already drunk and duty diverted alcohol being sold at the premises.  Public Health had also submitted a representation as they considered that all four licensing objectives were being undermined by the Premises Licence Holder.  Copies of all representations were available.

Heidi Jones, Trading Standards, attended the meeting together with Gill Littlehales and Geoff Lee, Merseyside Police Licensing Officers, Jon Hardwick, Environmental Health and Tricia Cavanagh, Public Health.

The Premises Licence Holder attended the meeting together with the owner of the premises and their representative, Mr Martin Green.

The Licensing Manager confirmed that all documentation had been sent and received and advised Members that Mr Green would be submitting a request for the meeting to be adjourned.

Mr Green addressed the Sub-Committee and advised that he had not received the bundle of papers that had been sent to his client, therefore, he believed that in order to make the appropriate representations he would need further time to consider all the documentation.

The Licensing Manager confirmed that all documentation had been sent to the Premises Licence holder by email.

Heidi Jones, Trading Standards advised Members that she would be opposed to an adjournment as all evidence had been served within the statutory timescales.

A short adjournment took place in order that Members may consider the request for an adjournment.

The meeting reconvened and the Chair advised that having heard the representations made, the matter would be adjourned to a future specified date, namely Thursday 22 October 2015.

Resolved –

(1)  That in accordance  ...  view the full minutes text for item 16