Decision details

The Sub-Committee considered it necessary to remove Mr Kanesan as DPS.

The Sub-Committee considered that the maximum period of suspension for 3 months was in this case a necessary and proportionate response and the only logical step for it to take having seriously considered revocation as its first option.

The Committee considered it necessary to impose a number of additional conditions on the licence:-

1. No alcoholic goods will ever be purchased from sellers calling to the shop;
2. Invoices (or copies) for all alcoholic goods on the premises will be kept at the shop and made available to officers from Trading Standards, the police or HMRC upon request
3. A stock control system will be introduced so that the licensee can quickly identify where and when alcoholic goods have been purchased
4. An ultra-violet light will be available at the premises for the purpose of checking the UK Duty Stamp on spirits as soon as practical after they have been purchased
5. If any spirits bought by the business have UK Duty Stamps that do not fluoresce under ultra-violet light or are otherwise suspicious the licensee shall identify the supplier to Staffordshire County Trading Standards and HMRC as soon as possible

The Committee considered it necessary to impose an additional condition that:-

6. the Premises Licence Holder will immediately report direct to Trading Standards any approaches made by sellers calling to the Premises with alcoholic goods together with a description and any other relevant details.”

The Committee also considered the conditions put forward by the Police and noted the difficulties that the Police had on occasion with regard to underage sales and the production of CCTV footage when requested culminating in the issue of a S19 Closure Notice.  Accordingly the Committee removed the current condition relating to CCTV from the licence and imposed the conditions suggested by the Police subject to a few amendments:-

Paragraph 1 was altered to read:-

“1. The CCTV that is installed at the Premises must be operative and to the approval of the Police Licensing Officer…etc

The Committee recognises that there is a functioning CCTV system in place and is not suggesting the removal of that system and replacement with a new system.

Paragraph 11 was reworded to read:-

“11. The Premises Licence and all of its conditions shall be translated into a language that is understandable to all members of staff working at the Premises.”

Finally the Committee reworded the condition that was currently on the licence in relation to the refusals register and replaced it with:-

“A record of refusals will be maintained and made available to the Police and other Responsible Authorities for inspection”

The Committee warned the Premises Licence Holder that if matters of this type come before them again that next time it may not be so lenient.