At the request of the Chair, Ms Kathy Driver, Acting Principal Licensing Officer, introduced the report which detailed the application for a review of the premises license for London Food Centre, 407 Roman Road, London E3 5QS. It was noted that the review had been triggered by the Metropolitan Police.

At the request of the Chair, PC Andy Jackson explained that the premises had been reviewed more than any other premises, that the premises was located in a residential area and was a magnet for anti-social behaviour. He referred to his statement on page 27 of the agenda and explained that following a recent review the decision was made to allow the premises to sell alcohol up to 23:00 hours with the condition that the premises be closed between the hours of 01:00 hours to 07:00 hours.

Mr Jackson continued to explain that during a late night visit on 7^th August 2010 at 01:55 hours the shop was open with customers inside purchasing goods. Both Premise License Holders were present and the alcohol display shutters were up. Mr Jackson had asked why they were open outside their trading hours to which they stated they were expecting a delivery of fruit and vegetables. It was noted that on 10^th August 2010 both Mr Tas and Mr Akyol, Premises License Holders attended the Bethnal Green Police Station to discuss the incident and were reminded of their trading hours. They were also sent a letter confirming their trading hours. On 13^th August 2010, Sgt Burke observed several customers leaving the premises with bottles in bags which appeared to be wine bottles and beer cans at 23:40 hours. She then went into the shop and undertook a test purchase, when she went into the store the large shutters were pulled over a wine display but beer cans were displayed at the bottom and both chillier cabinets were not covered and from one of these she selected a can of Strongbow cider, she paid for the drink but was not offered a receipt.      

Mr Jackson concluded by saying that it was the fourth time in two years that the premises had been reviewed and then urged Members to revoke the premise licence. 

At the request of the Chair, Mr Deliver Tas, owner of the premises, explained that he had taken over the premises 9 months ago. He explained that the first incident where the shop was open after 01:00 hours was because staff had been waiting for a delivery of fruit and vegetables. He explained that the deliveries were always made late at night and they had not had a chance to inform suppliers that the operating hours had changed and that they were no longer open 24 hours. 

Mr Tas said that since he had taken over the anti-social behaviour associated with the premises had significantly improved. He believed that there were some residents who had made racial comments against him and felt that they had helped trigger the review. He accepted that they had made a mistake by staying open outside trading hours, however had no problems with local residents. Mr Tas stated that if the alcohol license was to be revoked, he would lose his business, he also made reference to other premises in the local area which had longer opening hours. Mr Hucayin Cosau, member of staff, explained that there used to be a lot of problems when the premises previously stayed open 24 hours, however this had changed and those customers causing nuisance are now band and therefore residents no longer complain. 

The Chair clarified that the review application was made on behalf of the Metropolitan Police due instances of selling outside licensing and opening hours and not by residents. 

In response to questions, Mr Cosau explained that they were waiting for a delivery when the premise was open outside its operating hours, also had only sold alcohol to those who were not drunk. It was reiterated to Mr Tas that the review had been triggered by the Police due to trading outside hours and not due to complaints by local residents. In response to further questions it was noted that staff sold outside licensing hours even though the Premise License Holders had met with the police and had been explained to about the trading hours and were also sent a letter explaining this.

It was noted that the current owners had brought the premises in February 2010 and it was confirmed that it was the current owners that had been written to and met with by the Police. It was further noted that the first three reviews related to the previous owners, that the Personal License Holders were not on the premises when the out of hours sale was made. It was noted that since February 2010 there had been two occasions where out of hours sales occurred. Mr Cosau accepted his mistake of selling alcohol outside licensed hours. The Licensing officer also confirmed that the exposure of alcohol was also a breach of the Licensing Act.

The Chair advised that the Sub Committee would at 8.45pm adjourn to consider the evidence presented. The Members reconvened at 9.00pm. The Chair reported that;

Having heard representations from both parties and based on the evidence provided. Members considered the application to revoke the licence based on terms of reference and taking into consideration the licensing objectives.

It was noted that from the onset the Premise License Holder was aware of the concerns surrounding the premises, whilst acknowledged that the current Premises License Holder could not be held liable for the actions of their predecessors, Members believed that they should have understood the heightened responsibilities of their licence.

It was noted that there had been two occasions where there had been a breach of the licence conditions, including one incident which took place after being warned verbally and in writing, to which was admitted to.

The Sub Committee found that the evidence to be sufficient enough to take action. However, on this occasion Members decided not to revoke the licence but to suspend the sale of alcohol licence for a period of three months from receipt of the decision notice letter.   

RESOLVED

That the review application for the premises license for London Food Centre, 407 Roman Road, London E3 5QS be GRANTED with the suspension of the sale of alcohol licence for a period of 3 months from receipt of the decision notice letter.