Agenda and minutes
Venue: Council Chamber, Town Hall, Chorley
Contact: Nina Neisser Email: firstname.lastname@example.org
Declarations of Any Interests
Members are reminded of their responsibility to declare any pecuniary interest in respect of matters contained in this agenda.
If you have a pecuniary interest you must withdraw from the meeting. Normally you should leave the room before the business starts to be discussed. You do, however, have the same right to speak as a member of the public and may remain in the room to enable you to exercise that right and then leave immediately. In either case you must not seek to improperly influence a decision on the matter.
No declarations of any interests were received.
General procedure points and hearing procedure for the meeting.
The Chair outlined the procedure to be used to conduct the meeting.
Report of Director (Customer and Digital) enclosed.
The Director of Customer and Digital submitted a report for Members of the Licensing Act 2003 Sub-Committee to determine the outcome of applications submitted by Lancashire Constabulary and Lancashire County Council Trading Standards.
The Premises Licence Holder, Mr Ramesh Karsan Varsani, attended the hearing alongside his solicitor to make their representations to the Sub-Committee. The police gave their apologies due to unforeseen circumstances.
On 24 and 25 May 2018, applications for a review of the premises licence under the Licensing Act 2003 where received from Lancashire Constabulary and Lancashire County Council Trading Standards acting in their capacity as Responsible Authorities. The reason for these applications was given under the licensing objective for the prevention of crime and disorder, in that the premises were found to be involved in the sale of illicit tobacco and lack of control of the premises, following the visit on 8 May 2018. In addition to the application for review submitted by Trading Standards they also submitted supporting evidence which was included in the report.
On 24 May 2018, a Notice of Review of the premises licence was posted at the site for a period of 28 days during which representations could be made. The Responsible Authorities were informed of the Review Applications as required under the Licensing Act 2003. No other responsible authorities or any other interested parties submitted representations during the consultation period.
The Trading Standards representative informed Members that they visited Bunty’s with the police on 8 May 2018 where they found counterfeit and smuggled cigarettes in a bin bag in the stock room of the premises. 78 illicit tobacco products were seized from the premises; the items did not possess the required health warnings on the packets, and no duty had been paid on them. It was understood that there was a sum of money and personal medication also found in the bag.
During the interview at the premises the employee working at the time of the visit, it was revealed that the Premises Licence Holder had rang her at the Weldbank Lane store prior to the arrival of Trading Standards and the police telling her to hide the illicit cigarettes and tobacco. This was following a visit to the Premises Licence Holder’s additional shop on Moor Road minutes earlier, where there had been no issues. The Premises Licence Holder explained that these tobacco products were not for sale and he was gifting them to his staff. The Trading Standards representative also advised that out of date food had been found on sale at the premises. The Licensing Officer stated that a follow up visit by the Food Safety Team at Chorley Council had not revealed any issues. Following Legal Officer queries, it was reported that the visit took place following a complaint regarding the sale of illegal tobacco and cigarettes and had not been a routine check.
A subsequent meeting was held on 22 May 2018 between Trading Standards and the Premises Licence Holder. It was revealed that the Premises Licence ... view the full minutes text for item 17.LAS.82