Agenda item
Application to Review the Premises Licence for City View Food & Wine, 457a Bethnal Green Road London E2 9QH (LSC 038/910)
Minutes:
At the request of the Chair, Mr Mohshin Ali, introduced the report which detailed the review application for the premise licence for City View Food & Wine, 457a Bethnal Green Road, London E2 9QH. It was noted that the review had been triggered by Trading Standards.
Mr McCrohan presented his submission by explaining that staff on two separate occasions sold age restricted products to young people below the age of eighteen undertaking test purchasing exercises with the Trading Standards Service. He explained that on 25th November 2007, Trading Standards staff visited the premises and found a quantity of counterfeit Durex trade marked condoms and seized them under Section 93 of the Trade Marks Act 1994, the possession of fraudulently trade marked items.
On 15th March 2009 a member of staff sold cigarettes to a child aged sixteen, this then resulted in a warning letter being sent to the business owner. Again on 18th August 2009, Mr Ismail Ardi a member of staff sold alcohol to a child aged sixteen. This also resulted in a warning letter being sent to the Premises License Holder and Designated Premises Supervisor.
Mr McCrohan explained that in both cases where sales had been made, this could have been avoided by the seller asking the test purchaser his/her age and for him/her to produce a recommended proof of age card. It was noted that the fake condoms had been brought from a man with a van and therefore the reckless way the business bought its stock and the patchy performance of the staff employed by the business had promoted this review.
He further explained that to prevent further underage ages sales and to improve the management of the premises, Trading Standards sought to have four conditions added to the license listed on page 129 of the agenda.
Mr Omer Kahraman, Counsel for the Premise License Holder stated that they deeply regret the errors made and explained that this had not been intentional but a lack of judgement. It was noted that the conditions proposed by Trading Standards were accepted by the Premises License Holder.
Mr Kahraman with the acceptance of the applicant tabled a document which included a guidance note issued to all staff at City View Food & Wine which detailed employees, guidance for the sale of alcohol & tobacco, and general compliance of the law. He also explained that no member of staff was allowed to purchase stock except for the Premises License Holder. It was acknowledged that the flexibility to allow staff to purchase stock had been misused and therefore this privilege had now been removed. It was further noted that to prevent incidents happening again, no stock is to be accepted without the Premises License Holder’s authority. He concluded by stating that genuine efforts have been made to put things right.
The Chair welcomed the positive steps that had been taken and the efforts made by the Premises Licence Holder and noted the prevention measures that were now in place.
There were no questions from members.
The Chair advised that the Sub Committee would at 7.08pm adjourn to consider the evidence presented. The members reconvened at 7.15pm, the Chair reported that the Sub Committee had;
RESOLVED
That the Review application for City View Food & Wine, 457a Bethnal Green Road London E2 9QH be GRANTED with the following conditions added to the premises license;
Conditions
1. The Designated Premises Supervisor (DPS) or a Personal Licence Holder must be present on the premises when all alcohol sales are made
2. The introduction of the Challenge 21 policy and No ID No Sale policy which is supported with signage at all entrances and in the serving area and suitable signage to be prominently displayed inside and outside the premises stating that those aged 21 or over who do not look their age will be asked for proof of ID.
3. Only documentation which include a photograph of the purchaser are acceptable to prove that persons age, eg. passport, new style driving licence, and only PASS- approved age cards, eg. portman card, citizens card.
4. A Refusal book is maintained, which documents the date and time a refusal of sale is made, the reason for the refusal and the member of staff refusing the sale. The Licensee or the Designated Premises Supervisor should monitor the Log on a regular basis and sign it to show it has been done.
Supporting documents: