To receive any apologies for absence.

There were no apologies for absence.

To note any declarations of interest made by Members, including those restricting Members from voting on the questions detailed in Section 106 of the Local Government Finance Act, 1992.  See attached note from the Chief Executive.

There were no declarations of interest made.

To note the rules of procedure which are attached for information.

The rules of procedures were noted.

To confirm as a correct record of the proceedings the unrestricted minutes of the Licensing Sub-Committee held on 17^th December 2009.

The minutes of the Licensing Sub Committee held on 17^th December 2009 were agreed as a correct record of proceedings.

The Chair welcomed everyone to the meeting, ensured that introductions were made and then briefly outlined the procedure of the meeting.  

At the request of the Chair, Kathy Butler, Acting Principal Senior Licensing Officer introduced the report which detailed the review application for Elegant Food Market, 430 Hackney Road, London E2 6QL. It was noted that review had been triggered by Trading Standards.

At the request of the Chair Mr Ian Mosely, Trading Standards Officer explained that staff at Elegant Food Market on two occasion had sold alcohol to young people below the age of eighteen undertaking test purchasing exercises with the Trading Standards Service. Quantities of counterfeit Durex trade marked condoms had also been seized from the premises on three occasions. He then gave a detailed chronology of the events which took place;

On 25^th November 2007, Trading Standards staff visited the premises and found a quantity of counterfeit Durex trade marked condoms. These were seized under the provisions of the Trade Marks Act 1994 and a written warning was issued in respect of this seizure and was sent to the owner. 

On 11^th March 2009 a supervised test purchase attempt in relation to tobacco products was correctly refused.

On 29^th May 2009 Trading Standards staff visited the premises and found another quantity of counterfeit Durex trade marked condoms and action on this occurrence was pending.  On 21^st June 2009 Trading Standards staff visited the premises and found a further quantity of counterfeit Durex trade marked condoms, action on this occurrence was also pending.

On 18^th August 2009 Mr Hussein Eren, the Designated Premises Supervisor sold a bottle of Kingfisher Beer to a person under the age of eighteen acting under the instruction of an Inspector of Weights and Measures. As a result of this Mr Eren was given and signed a formal caution for an offence under the provisions of Section 146 of the Licensing Act 2003.

On 26^th October 2009 a similar test purchase was refused however there had been concerns that the observing officer may have been identified a further test purchase attempt was made on 28^th October 2009 and a volunteer under the age of eighteen was sold a can of Fosters larger by Mr Ali Celik. Mr Celik was issued a Police fixed penalty notice for this offence.

Mr Mosely then referred to a tabled document, an enforcement notice given to Mr Eren in relation to the Fire safety regulations. Mr Mosely stated that in cases where sales were made they 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 and the apparent lack of day to day control in the premises had prompted this review. He then concluded by referring to the proposed conditions on page 39 of the agenda.

At the request of the Chair, Mr Hussein Eren explained that when the first set of  ...  view the full minutes text for item 5.1

At the request of the Chair, Nick Kemp, Licensing Officer introduced the report which detailed the review application for Guven Supermarket, 7 Calvert Avenue, London E2 7JP. It was noted that review had been triggered by Trading Standards.

At the request of the Chair Ian Mosely, Trading Standards Officer explained that the review had been raised in relation to the licensing objectives of; prevention of crime and disorder and the protection of children from harm.

It was noted that staff at the premises on two occasions had twice sold alcohol to young people below the age of eighteen undertaking the test purchase exercises with the Trading Standards Service and on two occasions counterfeit alcohol had been found on the premises.

Mr Mosely explained that in January 2003 a bottle of counterfeit and under strength vodka was found exposed for sale in the premises. A prosecution was initiated and Mr Guven was fined £300 for offences under the Trade Marks Act 1994. Again in May 2006 3 bottles of counterfeit Smirnoff Vodka were found on the premises. On that occasion Mr Guven provided details of his supplier, the matter was left on file and Mr Guven was warned about his behaviour.

On 18^th August 2009 Mr Huseiyn Guven, an employee sold a bottle of WKD Iron Bru to a person under the age of eighteen acting under the instruction of an Inspector of Weights and Measures. It was also noted that the premises did not display the alcohol license summary as required by the Licensing Act 2003. As a result of this the premises was given a high risk status pending a possible review.

On 26^th October 2009 a similar test purchase was refused however there were concerns that the observing officer may have been identified a further test purchase exercise was made on the 28^th October 2009 and a volunteer under the eighteen was sold a can of Fosters larger by Mr Husseyin Guven. Mr Guven was issued a police fixed penalty notice for the offence.

Mr Mosely referred to the tabled document in relation to the application which detailed a witness statement from a Trading Standards Officer who had seized counterfeit condoms from the premises on 19^th January 2010.

Mr Mosely stated that in cases where sales were made they could have been avoided by the seller asking the test purchase his/her age and for him/her to produce a recommended proof of age card.  He expressed the concern that the controls and supervision at the premises were not sufficiently robust. He then concluded by referring to the proposed conditions set out in page 104 of the agenda.

At the request of the Chair Mr Alan Cruickshank referred to pages 125-128 of the agenda pack highlighting the anti social behaviour linked to the premises and the local area. Mr Cruickshank stated that he supported Trading Standards in their review and the conditions proposed, however also proposed that the hours the venue  ...  view the full minutes text for item 5.2