Agenda item
Application to Review the Premises Licence for (Stop N Shop) 59 Commercial Street, London E1 6BD
Minutes:
At the request of the Chair, Mr Mohshin Ali, Licensing Officer, introduced the report which detailed the application for a review of the premises licence for Stop N Shop, 59 Commercial Road, London E1 6BD. It was noted that the review had been triggered by Trading Standards and supported by the Metropolitan Police. Mr Ali also informed the Sub-Committee that there had been an application for a transfer of licence and a variation, but this was invalid as there were pending review proceedings.
At the request of the Chair, Mr Kevin Maple referred to his review statement contained in the agenda on pages 158-161 and detailed the two incidents that led to the review application.
He explained that as part of a test purchase programme, the premises were visited on 18 September 2019, when a test purchase of cigarettes was carried out to ascertain whether the premises was selling illicit cigarettes, these defined as being either counterfeit or which have been imported without duty being paid or which fail to display the correct labelling for the UK market. The premises was found to have illicit cigarettes.
The premises were visited again on 27 September 2019, when there was the discovery and subsequent seizure of illicit tobacco products and also nitrous oxide (NOx) charger canisters. During the search of the premises, officers found the following items:-
1. Twenty (20) packets each comprising one hundred and four (104) (Total: 2,080 cigarettes) of various branded illicit non-UK cigarettes, and forty-one (41) packets (Total: 1,840 grams) of illicit hand rolling tobacco.
2. Twenty-four (24) boxes of Twenty-four (24) cream charger canisters containing (NOx) nitrous oxide (Total: 576 canisters)
Officers seized the tobacco products as they were non-UK and they did not display the required health warnings for the UK market. In addition, officers seized the nitrous oxide canisters as they were of the opinion that considering the quantity of the NOx canisters (cream chargers) and their location (i.e. behind the counter), it was highly likely the trader was supplying them to the public for recreational misuse. It was noted that whilst cream chargers are a legal product when sold for their legitimate use in the catering industry, the supply, or offer to supply or possession with intent to supply, of such items for recreational misuse (i.e. by inhaling the nitrous oxide gas inside for its psychoactive effect) was an offence.
In the statement of Officer Grier, he stated that during questioning, Mr Ashok Thakur (Premises Licence Holder) confirmed that he had full knowledge that he was selling foreign cigarettes at £4.00 per packet and that it was illegal to sell. Mr Thakur further explained he was given foreign cigarettes from tourists as part of his business to hold their luggage, for which he accepted illicit cigarettes as payment. The Sub-Committee heard that when questioned on the possession of the nitrous oxide (NOx) chargers, Mr Thakur said he was selling them to nearby coffee shops, but had been unable to verify which local coffee shops these were.
Mr Maple also highlighted a history of previous non-compliance with the law by Mr Thakur. Council records showed that Mr Thakur had previously failed a test purchase of alcohol, when he sold alcohol outside licensable hours, for which Mr Thakur was prosecuted and fined.
Mr Maple was of the view that the NOx was being sold with an intention to supply for recreational use as a psychoactive drug. Mr. Maple suggested that if Mr Thakur was selling it to coffee shops, he should have been able to verify which coffee shops they were.
In conclusion, Trading Standards Service were of the opinion that there were serious concerns in relation to crime & disorder, public safety, public nuisance and the safeguarding of children. Accordingly, Trading Standards had no confidence in the ability of the management of the premises to uphold the licensing objectives, and so respectfully requested Members revoke the premises licence.
Members then heard from PC Mark Perry, representing the Metropolitan Police, who stated that the current business owner could not be trusted, having displayed a total disregard for the law and peoples’ safety by selling dangerous products that can be harmful to people who use them.
PC Perry also raised concerns that whilst Mr Thakur had had over 500 nitrous oxide canisters stored behind the counter, his explanation that these were for local coffee shops was seriously undermined by the fact he could not identify these coffee shops. Therefore, it was the opinion of the Police that the management of the premises could not be trusted to uphold any of the licensing objectives, the breaches of the law being so serious, that the proportionate response was revocation, rather than imposition of any conditions placed on the premises licence.
In response to remarks about this by the Chair, Mr Ashok Thakur, Premises Licence Holder began by apologising to the Sub Committee for the incidents which had been mentioned by the officers, and said he regretted what had happened, also expressing that he had unknowingly broken the law.
With regard to the NOx, Mr Thakur said he got it for a local coffee shop who had asked him to get these for them to buy, if they ran out of stock, so he purchased these from a wholesaler in Petticoat Lane and kept it behind the counter, but never ended up selling it. He apologised profusely, and said he regretted his actions.
In response to questions the following were noted:-
- That Mr Thakur had no proof of purchase or sales of the NOx canisters.
- Mr Thakur asserted that the NOx canisters were kept behind the counter for whenever coffee shops wanted it.
- That he thought one of them was a coffee shop called Modern Coffee
- That NOx substance misuse was a key priority for the Council to address in the borough
- Assurance was given by Mr Thakur that this would not happen again.
Concluding remarks were then made by all parties.
The Licensing Objectives
In considering the application, Members were required to consider the same in accordance with the Licensing Act 2003 (as amended), the Licensing Objectives, the Home Office Guidance and the Council’s Statement of Licensing Policy and in particular to have regard to the promotion of the four licensing objectives:
- The Prevention of Crime and Disorder;
- Public Safety;
- Prevention of Public Nuisance; and
- The Protection of Children from Harm
Consideration
Each application must be considered on its own merits. The Sub Committee had carefully considered all of the evidence before them, including written and verbal representations from Kevin Maple representing Trading Standards as the Applicant, and PC Mark Perry from the Metropolitan Police who had supported the review application with particular regard to all four of the licensing objectives.
The Sub Committee carefully considered all evidence before them and had no doubt that the premises had undermined the licensing objectives of the prevention of crime and disorder, public safety and the protection of children from harm.
The Sub-Committee Members were extremely concerned that there had been repeated breaches of legislation, amounting to the commission of criminal offences, in particular the shop was found during a test purchase to have illicit cigarettes for sale, whilst during another visit, Council officers seized illicit non-UK tobacco products and nitrous oxide (NOx) charger canisters. Members also noted the background of trading outside licensing hours, and the past prosecution and as well as pending prosecution against Mr Ashok Thakur, the Premises Licence Holder (PLH).
Members noted Mr Thakur’s apology for the matters mentioned by Trading Standards, which led to the review application, and his acceptance of the fact that those breaches of the law had taken place. The Members had no confidence in the credibility of the explanation given by Mr Thakur, when he asserted that the nitrous oxide canisters were for sale to coffee shops, as he could not produce evidence to support that, when asked. The Sub Committee were of the opinion that these repeated breaches of the law demonstrated that the PLH had total disregard for upholding the law, hence there was no confidence that Mr Thakur would uphold the licensing objectives.
Members were satisfied that there were no conditions that could be imposed on the licence to promote the licensing objectives, given the evident serious mismanagement of the premises, from the failures to comply with the law on not having for sale, illicit non-UK tobacco products, nor nitrous oxide canisters. Members believed that there was no other course of action that would satisfy and maintain and uphold the licensing objectives as there was a clear lack of confidence in the Premises Licence Holder to uphold the licensing objectives.
In reaching their decision, Members had regard to paragraph 11of the Guidance Issued by the Secretary of State for the Home Office under Section 182 of the Licensing Act 2003 in relation to reviews, and in particular paragraph 11.28 of the statutory guidance relating to reviews;
“Where reviews arise and the licensing authority determines that the crime prevention objective is being undermined through the premises being used to further crimes, it is expected that revocation of the licence- even in the first instance- should be seriously considered”.
The Sub-Committee considered that there were clear issues of crime and disorder, issues of public safety, and issues over the protection of children from harm. They therefore felt it was necessary and proportionate to revoke the premises licence.
Accordingly, the Sub Committee unanimously;
RESOLVED
That the application for a Review of the Premises Licence for Stop N Shop, 59 Commercial Street, London E1 6BD be GRANTED with the revocation of the premises licence.
Supporting documents: