Agenda and minutes

The Chair explained that this was the fourth time the Sub-Committee had been scheduled to meet to consider this review (1^st July, 26^th September, 2^nd November and 7^th December, 2022).  The date and time of 7^th December, 2022, had been agreed by all those present at the adjourned meeting on 2^nd November.  A request had been received late on 6^th December from the Premises Licence Holder’s legal representative to delay the start until 11.00 a.m. which had been acceded to.  However, due to traffic problems, it was now requested that the meeting commence at 11.30 a.m.

The Premises Licence Holder was invited to join the meeting at 11.30 a.m. but he was not willing to join until his legal representative had arrived.  However, given the flexibility that had been given to accommodate this hearing, the Sub-Committee unanimously agreed to proceed with the hearing.  The Premises Licence Holder and his legal representative joined the meeting at 11.55 a.m.

Consideration was given to an application for the review of a Premises Licence in accordance with the provisions of Section 51 of the Licensing Act 2003, in respect of the premises known as Ave Ferham Supermarket, 192 Ferham Road, Rotherham.

The Council’s Trading Standards Service had submitted an application to review the Premises Licence on 11^th May, 2022, as a result of concerns around the use of the premises for the storage and sale of illicit tobacco and cigarettes.  Following the prescribed period of 28 days during which time interested parties/responsible authorities may submit representation, one additional representation had been received from the Council’s Licensing Authority citing:-

-        A general failure to comply with Premises Licence conditions

-        Lack of staff training and lack of management control in relation to the sale of alcohol from the premises

Mr. A. Pogorzelec, Licensing Manager, Mr. D. Lodge, Principal Trading Standards Officer and Mrs. D. Kraus, Principal Licensing Officer, were in attendance together with Mr. A. Jawad, Premises Licence Holder and Designated Premises Supervisor (DPS) together with Andrea Forrest (solicitor).  Also in attendance was an interpreter for Mr. Jawad. 

The Sub-Committee heard the representations of the Trading Standards Service, applicant for the review:-

-        The current Premises Licence Holder and DPS had been in charge of the premises since 31^st March, 2021

-        A test purchase had been carried out at the premises, under the direction of Trading Standards Officers, on 17^th August, 2021, resulting in the sale of 2 packets of cigarettes later confirmed to be counterfeit

-        A search warrant was executed at the premises in a joint operation with Trading Standards, Police and the Licensing Enforcement Team on 22^nd September, 2021.  A significant quantity of illicit tobacco products was seized from the premises totalling over 14,000 cigarettes and 118 packs of hand rolling tobacco

-        The tobacco was discovered in a flat located directly above the shop premises accessed via an external door separate to the shop premises.  During the search of  ...  view the full minutes text for item 16.