Agenda item
Application by Zabiullah Rahmani to vary the Premises Licence for 'Broadway Supermarket' (145 Cricklewood Broadway, London, NW2) pursuant to the Licensing Act 2003.
The application is to vary the Premises Licence to be permitted to sell alcohol 24 hours Monday to Sunday.
Minutes:
Responsible Authority Making a Representation
PC Nicola McDonald (Brent Police)
Applicant
Chris Odell (Applicant’s Representative)
Zabiullah Rahmani, the applicant, and Mr Najeep, attended in support.
Linda Legister (Health Safety and Licensing Officer) introduced the matter and drew Members’ attention to the applicant’s requests for the variation of the premises licence as set out in the report.
Responsible Authority Making a Representation
With the agreement of the applicant, the applicant’s representative and the Sub-Committee, the meeting was adjourned for 5 minutes to allow time for the statement circulated by PC McDonald detailing a visit by Sergeant Adrian Adolphus to the premises at 6.15am on Thursday, 24th September 2009. PC McDonald explained that Sergeant Adrian Adolphus had been sold alcohol at 6.15am, outside the permitted hours of the current premises licence. PC McDonald referred to 2 other incidences detailed in the written representation concerning breaches of the premises licence on 6th December 2008 and 16th January 2009 following visits by police officers and Health Safety and Licensing officers and the subsequent hearing at Brent Magistrate’s Court on 9th June 2009. PC McDonald then stated that in view that there had been repeated breaches of the premises licence, she did not feel that the applicant would be able to uphold the licensing objectives if the application for variation was granted and therefore she requested that the application be refused.
With regard to the applicant’s statement that staff training on licensing issues had been provided by the applicant since the incident on 16th January 2009, PC McDonald commented that the training had clearly not been sufficient in light of latest breach of the premises licence on 24th September 2009.
Case for the Applicant
Chris Odell (Applicant’s Representative) indicated that in view of the evidence provided concerning the police’s visit to the premises on the 24th September 2009, that the applicant still wished to pursue their application for variation but with a number of conditions to be attached. Turning to the 2 previous breaches of the premises licence, Chris Odell stated that on 6th December 2008, although alcohol was still on display outside the permitted hours, there was no evidence that alcohol had been sold. Turning to the 16th January 2009 incident, Chris Odell acknowledged that alcohol had been sold outside the permitted hours, however Zabiullah Rahmani, the applicant, had not been on the premises at the time and had subsequently dismissed the member of staff who had issued the sale. Members also noted that Zabiullah Rahmani was not on the premises when the breach of the premises licence was committed on the 24th September 2009. Chris Odell advised that staff had been trained in respect of licensing regulations since the incident on the 16th January 2009. The Sub-Committee heard that there were a number of other premises in the area which had licences to sell alcohol 24 hours or that had
extended hours and Chris Odell added that therefore extending the hours of sale for alcohol for these premises would not be setting a precedent for the area. Members also heard that there was no evidence to suggest that the applicant had sold alcohol to unsuitable persons.
Chris Odell confirmed that the applicant would be willing to agree to there being 1 other personal licence holder to assist Zabiullah Rahmani with staff training on licensing matters and to marking the name of the premises on the price labels. Chris Odell stated that CCTV, a refusal book and a staff training book already existed on the premises.
Zabiullah Rahmani added in support of the application that there had been training of staff on licensing matters, although he acknowledged that staff sometimes made errors which in his view were sometimes beyond his control. However, staff had been dismissed where there had been clear breaches of the premises licence.
Councillor H B Patel commented that selling alcohol outside the permitted hours of the premises licence was a serious breach of the licensing regulations and he suggested that use of shutters to cover alcoholic drinks during hours would be useful. The Chair enquired if shutters to cover alcoholic drinks were installed on the premises.
In reply, Zabiullah Rahmani stated that no shutters to cover alcohol drinks were presently installed on the premises.
Decision
At this point, the applicant, the applicant’s representative and the responsible authority were asked to leave the room to allow the Sub-Committee to discuss the relevant issues concerning the application.
Having considered the views of the applicant, the applicant’s representative and the responsible authority, the Sub-Committee determined:-
that the application by Zabiullah Rahmani for a Variation of the Premises Licence for ‘Broadway Supermarket’ (145 Cricklewood Broadway, London, NW2) pursuant to the Licensing Act 2003 be refused.
The Alcohol and Entertainment Licensing Sub-Committee (A) was concerned about the 3 breaches of the premises licence that had been reported, including the most recent one on 24th September 2009, and in view of the number and significance of the breaches, did not feel that the applicant would be able to meet the licensing objectives if the variation was granted and accordingly the application was refused.