To receive apologies for absence. 

None.

The duties to register, disclose and not to participate for the entire consideration of the matter, in respect of any matter in which a Member has a disclosable pecuniary interest are set out in Chapter 7 of the Localism Act 2011.  Members are also required to withdraw from the meeting room as stated in the Standing Orders of this Council.

None.

The Chairman introduced the Panel and the Officers and explained the procedures.

To consider passing the following resolution:

“That under Section 100(A)(4) of the Local Government Act 1972, the press and the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 1 and 3 of Schedule 12A to the Act”.

PART B – ITEM FROM WHICH THE PRESS AND THE PUBLIC ARE EXCLUDED 

RESOLVED that under Section 100(A)(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following items of business on the grounds that they involve the disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A to the Act.

Report of Executive Manager People and Public Protection.

The Hearing was conducted in accordance with the procedure as set out in the agenda. 

The following persons were in attendance:

Responsible Authorities:

Norfolk Trading Standards

Norfolk Constabulary Licensing Officer

Decision:

In order to promote the Licensing objectives, the decision was taken to revoke the Premises Licence.

Reason for the Decision:

The Panel noted the request from Mr Mustafa, Company Director for the hearing to be adjourned due to his inability to attend the hearing.  Due consideration was given to the request and the Panel concluded that Mr Mustafa had had ample opportunity to either appoint a solicitor or an agent to attend the hearing on his behalf and noted that he had left the request until 4-calendar days before the hearing, before notifying the licensing authority that he was unable to attend.  The limited evidence produced by him to substantiate the reason for his non-attendance was limited in scope.  Taking into the account the above, together with the Rule of Natural Justice and the right to appeal, the Panel decided that the hearing should proceed.

The Panel considered the written and verbal evidence presented by the Norfolk Trading Standards, and the Norfolk Constabulary Licensing Officer, in arriving at its determination.  The Panel took due notice of the Licensing Act 2003 (in particular Section 144) and the Regulations made under it, the guidance issued under Section 182, including paragraphs 11.24 – 11.28 and the Licensing Authorities Statement of Licensing Policy.

From the contact that the Licensing Authority had had with Mr Mustafa he did not deny that criminal activity had taken place at the premises.  The Licensing Authority noted that he was the sole Director of 7-Day Supermarket Limited which are the premises licence holders.  He therefore was responsible for the business and should be aware of what was being sold on his premises.  Mr Mustafa has given no assurances as to what steps had been taken to ensure this kind of activity did not take place whilst he was out of the country.  The keeping or allowing to be kept illegal goods is to be treated seriously and the Section 182 guidance indicates that revocation should be seriously considered even in the first instance. 

There was evidence of failure to follow the conditions attached to the premises licence, in that the premises licence was not on display, there was no refusal incident log, and no training records for staff.     

In addition, there was evidence that the former Designated Premises Supervisor was no longer involved in the business and whilst Mr Mustafa had made an application for himself to become a designated Premises Supervisor it would not be possible until he had obtained a personal licence.  The Panel therefore had a real concern about who was supervising the sale of alcohol at the premises at the current time.

The Panel were concerned about the confidence in the management of the premises and considered that there was a breach of the Licensing Objectives, namely prevention of Crime and Disorder.  There were  ...  view the full minutes text for item 41/19