Resolved – That Councillor A Hodson be appointed Chair for this meeting.

Members of the Sub-Committee are asked to declare any disclosable pecuniary and non pecuniary interests, in connection with any application on the agenda and state the nature of the interest.

Members of the Sub-Committee were asked to declare any disclosable pecuniary and non pecuniary interests in connection with the application and state the nature of the interest.

Councillor A Hodson declared a non pecuniary interest by virtue of being acquainted with the Solicitor acting on behalf of the Premises Licence Holder.

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.