Agenda item
Application by the Metropolitan Police to review the premises licence held by Mr Thiyagarajah Thuvarakeswaran for the premises known as Rains Newsagents, 2 Mordaunt Road London NW10 4UA pursuant to the provisions of the Licensing Act 2003
Minutes:
RESOLVED:
that having considered the application by Brent Police to review the premises licence held by Mr Thiyagarajah Thuvarakeswaran for premises known as ‘Rains Newsagents’ (2 Mordaunt Road, London, NW10 4UA) pursuant to the provisions of the Licensing Act 2003, the Sub-Committee agreed that the premises licence be suspended pending a full review.
The Committee heard from the Licensing Officer, who explained the rationale behind the Police application and reasons for seeking an expedited review pending a full hearing within 28 days.
The Committee then heard from the PC Sam Lewis-Evans in respect of the Police recommendations for a suspension of the premises licence held by Mr Thiyagarajah Thuvarakeswaran. She presented the case as outlined in the papers before the sub-committee following her visit to the premises with Trading standards officers from London Borough of Brent and HM Revenue and Customs (HMRC) Officers. She continued that during her inspection on 10 October 2014, there were several breaches of existing licence conditions that came to her attention, namely:
5. No high strength beers, lagers and ciders above 5.5%ABV shall be stocked with the exception of premium brands. There were several brands of cheap high strength cider and lager on display, these brands are predominately purchased by street drinkers.
1. A personal licence holder shall be present on the premises and supervise the sale of alcohol throughout the permitted hours for the sale of alcohol. No licence premises holder was present.
6. “Raid Control” crime prevention measures shall be installed and all staff given suitable training. Although a safe with an anti-fishing mechanism in place but it clearly wasn’t being used as there were large quantities of loose cash in the draw below the till.
Total amount of stock seized were as follows;
75.9 litres of spirits
7,697.60 litres of beer
Members of the sub-committee questioned the Police on aspects relating to the operation of the premises. Members heard that only one member of staff was at the premises when the Police visited and that the person refused to give his name when asked to do so. The Police confirmed that although no counterfeit wines were found at the premises, the applicant stocked high strength beers which itself constituted a breach.
The applicant then alleged that he had been granted licence to sell high strength beers by a minor variation to his licence and produced a document which purported to support his claim. Upon examination, the Police and the Licensing Officer cast doubt on the validity of the document adding that a variation to sell high strength beer would have required a major variation to the licence and the re-issue of a new licence within a fortnight.
In giving evidence to the Sub-Committee, Mr Sharnum Presharnt, a friend and business adviser on behalf of Mr Thiyagarajah Thuvarakeswaran, stated that the representations he had made for the Alric Avenue hearing applied here and he therefore did not wish to add to it. The legal representative advised Mr Presharnt about the importance of making a separate case for Mordaunt Road hearing but he reiterated his stance.
The Alcohol and Entertainment Licensing Sub-Committee (B), having carefully considered the application, felt that there was overwhelming evidence in the Police’s representation that there had been significant breaches of the licensing objectives (prevention of crime and disorder, ensuring public safety, prevention of public nuisance and protection of children from harm) and the premises licence. In addition, the breaching of various conditions on the premises licence and the apparent lack of licensing knowledge and day to day management of the premises were further material considerations.
The hearing ended at 6.45pm
Supporting documents:
- Rains Newsagents 2 Mordaunt Road London NW10 4UA, item 3. PDF 42 KB
- Rains Application, item 3. PDF 359 KB
- Rains Redatced_Evidence, item 3. PDF 308 KB
- Rains Redated_Licence_A__B, item 3. PDF 541 KB