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 is permitted to sell alcohol is reduced by two hours each day. He concluded by stating that he had based this on evidence provided in the statements and the timings that the youths congregate outside the venue and cause anti social behaviour and that a reduction in hours would be a deterrent for youth congregating outside the venue and disturbing the local residents.

At the request of the Chair Mr Kamel Guven, Premises License Holder explained that he could not tell people outside his premises what to do as this would cause fights and problems with him and his business. He explained that that he faces trouble all the time with the local youth who congregate outside his store and did not wish to make things worse. He then explained that the counterfeit goods had been brought because they were cheaper and would mean a greater deal of profit. He further explained that the occasions when his brother Mr Husseyin Guven sold alcohol to customers under the age of eighteen was during the time he had been at the wholesalers, he explained that his brother had been on the mobile phone during the time of the sales.

In response to questions he explained that the youth that cause anti social behaviour lived in the area and he reiterated that he could not tell them what to do. He also stated that alcohol was readily available from supermarkets and other shops in the local area.

In response to a question in relation to counterfeit goods Mr Guven stated that the main wholesalers who sold counterfeit goods should be stopped as they were the main source rather then local shop keepers like himself. In response to a question Mr Guven confirmed that the antisocial behaviour in the area is sometimes related to alcohol. 

The Chair advised that the Sub Committee would at 7.35pm adjourn to consider the evidence presented. The Members reconvened at 7.52pm, the Chair reported that the Sub Committee had;

RESOLVED

That the review application for the premises license for Guven Supermarket, 7 Calvert Avenue, London E2 7JP be GRANTED with the revocation of the sale of alcohol licence.

Reason for Decision

After hearing representations from Trading Standards, Metropolitan Police and subsequently hearing submissions from the Licensee, members felt that they could not be satisfied that the Licensee would promote the licensing objectives of crime and disorder.

Members felt that they heard no reassurances from the Licensee to satisfy them that the appropriate steps would be taken and followed. Therefore Members felt that there was no other option but to revoke the sale of alcohol license.