Minutes:
The police representatives gave details of the criminal activity connected to this premises licence review which showed a consistent disregard by the management/owners of the business for the licensing objective of the prevention of crime. The Guidance issued under Section 182 of the Licensing Act 2003 stated that the Secretary of State regarded the sale of smuggled alcohol as particularly serious (11.26) and that where reviews arose and the licensing authority determined that the crime prevention objective was being undermined through the premises being used to further crimes, it was expected that revocation of the licence, even in the first instance, should seriously be considered (11.27). The police respectfully suggested that the only realistic option in this case was revocation of the premises licence.
It was believed that the other sanctions for consideration under a review of a premises licence would not be effective in ensuring that this premises would support the licensing objective.
There were numerous off-licences and stores that had the same business model as this premises within the Borough and this was the only premises that had been known to have acted in such a criminal way and been subject to police/ customs searches with arrests of members of staff. This premises negatively affected the community and undermined the majority of similar businesses which supported the licensing objectives.
It was evident that the premises licence holder did not have any control of this premises and it was unlikely the Police would ever have contact with him. The owner of the business had shown a total disregard for legislation and the licensing objectives and had continued his criminal activity within this premises despite being on bail for similar offences from only eight months ago. It was feared that should this premises be allowed to continue in business the criminal activity would continue with smuggled tobacco being supplied and it was clear that it was common knowledge that cheap tobacco could be purchased from this premises.
The Police had therefore requested a review of the premises licence under section 51 of the Licensing Act 2003.
The Licence permitted the licensable activity of selling alcohol between specific hours. The Sub-Committee could revoke or suspend the licence, attach further conditions to the licence or take no further action which the Police did not feel would be appropriate in this case.
The police could request a review if they believed that the licensing objective of the prevention of crime was not being “advanced”. That meant that there were grounds for the police believing that there was criminal activity going on in or around the shop. In this case, the previous premises licence holder was selling tobacco products cheaply that had no duty stamp and inadequate health warnings. Significant amounts of these products were found by lawful searches made by the police at the premises and at the licence holder’s residence.
Although a small amount of illicit alcohol was found, the real concern for the police was the evasion of duty on the tobacco. There were no complaints of after-hours selling of alcohol, drunk and disorderly behaviour or other complaints relating to the retail sale of alcohol.