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 counterfeit condoms were seized, half the condoms were taken and half were left on the shelf and management/staff had assumed that those left on the shelf were original Durex trade marked condoms. However when Trading Standards came the second time round they seized the remaining condoms which had been left behind from when they previously seized the counterfeit condoms, it was noted that since then Mr Eren had brought Durex trade marked condoms directly  the wholesaler. Mr Eren also stated that the counterfeit condoms were part of the stock left by the previous owner of the premises.

Mr Eren accepted the incident which occurred on 18^th August 2009 when he sold alcohol to a person under the age of eighteen and apologised for his mistake. He stated that the shop was very busy during the time of the sale, and he was unable to see the customer’s face as the customer had left in a hurry.

In response to Members questions Mr Eren confirmed that in general he served 100 customers a day and on average refused the sale of alcohol 10-15 times a day. Members also sought clarification about the repeated incidents of the sale of alcohol and the stock of counterfeit goods. 

Members asked Mr Mosely to explain the process for test purchase exercises, what actions are usually taken, and how counterfeit products are identified.

The Chair advised that the Sub Committee would at 6.45pm adjourn to consider the evidence presented. The Members reconvened at 7.08pm, the Chair reported that the Sub Committee had;

RESOLVED

That the review application for the premises license for Elegant Food Market, 430 Hackney Road, London E2 6QL be GRANTED with the removal of Mr Huseyin Eren as the Designated Premises Supervisor and with the following conditions;

Conditions

1. Any supply of alcohol can only be made by the Designated Premises Supervisor (DPS) or a Personal License Holder.

2. That the premises introduce a strict ‘Challenge 21’ policy and ‘No ID, No Sale’ policy which is supported by signage at all entrances and in the serving area.

3. Only documents which include a photograph of the purchaser are acceptable to prove that person’s age, eg. Passport, new style driving licence and only PASS approved age cards, e.g. Portman card, Citizens Card.

4. A Refusals 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 of the Designated Premises Supervisor should monitor the Log on a regular basis and sign it to show it has been done.