Agenda and minutes

Consideration was given to an application made (in accordance with Section 51 of the Licensing Act 2003) for the review of the Premises Licence currently in force in respect of Aro Mini Market, 12 Fitzwilliam Road, Rotherham S65  1PT.

The application for review was made by the Council’s Trading Standards Service on 25^th October, 2023, in their role as a Responsible Authority seeking revocation of the Premises Licence on the grounds that the Licence holder, Mr. Sangar Mohammad, was failing to promote 3 of the licensing objectives namely:-

-        The prevention of crime and disorder

-        Public safety

-        The protection of children from harm

Consultation on the application had been carried out on the application in accordance with all statutory requirements and the Council’s procedure.  At the end of the prescribed period of 28 days, representations had been lodged on behalf of the Responsible Authorities i.e. South Yorkshire Police and the Licensing Authority.

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. D. Lodge, Principal Trading Standards Officer.

Various methods of communication had been used to contact Mr. S. Mohammad, Premises Licence Holder (also the Designated Premises Supervisor (DPS)).  The importance of attending the hearing had been stressed.

The Licensing Act was very clear in the notice that a Local Authority was required to give parties in relation to a Licensing hearing including the Licence Holder.  The Licensing Manager confirmed that all the statutory requirements had been complied with.  All email communications/correspondence with the Premises Licence Holder had made it clear how important the hearing was and that he was at risk of the hearing taking place in his absence.

Regulation 20 of the Licensing Act Hearings Regulations 2005 dealt with cases where certain parties had not attended.  It did state that the Sub-Committee could adjourn if it was felt to be in the public interest to do so or continue with the hearing.  The Premises Licence Holder had not contacted the Council to advise whether he was attending or not. Other than the emails that formed part of the report pack, Mr. S. Mohammad had had no other contact with the Council at all.

The Sub-Committee unanimously agreed to continue with the hearing.

It was noted that an application had been received to transfer the licence.  The individual had been contacted by the Licensing Service to make them aware of the review taking place; they had not been aware and had since withdrawn the application to transfer.

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

¾     An undercover test purchase on 14^th February, 2023, had resulted in the sale of illicit cigarettes

¾     Trading Standards Officers had visited the premises on 21^st February, 2023, where a significant supply of illegal tobacco and e-cigarette products were found at the premises.  202 packets/3,569 sticks of illegal cigarettes, 43 packets/1,560 grams of tobacco and 2 Elux  ...  view the full minutes text for item 20.