Agenda, decisions and draft minutes
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This application to review a premise licence is made by Sasha Taylor, Trading Standards Specialist under section 51 of the Licensing Act 2003 (the Act) – Shels Food and Wine, 3-4 Writtle Walk, Rainham, RM13 7XB. Decision: Licensing Act 2003 Notice of Decision
PREMISES Shel’s Food and Wine, 3-4 Writtle Walk, Rainham, RM13 7XB
DETAILS OF APPLICATION
Application for a review made by Trading Standards as a Responsible Authority, under section 51 of the Licensing Act 2003. This application was received by Havering’s Licensing Authority on 29 April 2016.
APPLICANT Trading Standards, London Borough of Havering, Trading Standards Service, 5th Floor, Mercury House, Romford, Essex, RM1 3SL
1. Grounds for review
The Grounds for the review were that the premises management had a lack of regard towards the promotion of the licensing objectives, leading to two failed test purchases of sale of alcohol to minors. Additionally there had been non-compliance with the licence conditions
2. Details of Representations
Trading Standards Submission
Shel’s Food and Wine was an off licence/ grocers trading from 3-4 Writtle Walk, Rainham, RM13 7BX. The shop was situation in a small parade of shops that were positioned in the middle of a housing estate. Britton’s Secondary School was located significantly close at 0.4 miles from the premises.
Mr Niranjam Arumagam took over the business in February 2015. Mr Arumugam was the holder of the premises licence and Designated Premises Supervisor.
On 26th May 2015 information was received alleging that under age sales of e-cigarettes were taking place at Shel’s Food and Wine. The Police were concerned that other age restricted products may also be being sold to underage children.
On 4th August 2015, the premises were visited as part of an underage sales test purchase operation. The test purchase was made by a 15 year old female volunteer. The sales assistant asked the test purchaser her age, to which the volunteer replied 15. The sales assistant still sold her alcohol and said that she could have it on this occasion. The test purchaser was sold a 700ml bottle of WKD Alcopop. The sales assistant, Mr Thavarasasalingyam Thauaseelam was issued with a Fixed Penalty Notice. The DPS and premises licence holder, Mr Niranjan Arumugam, arrived shortly afterwards and stated that the till had an automatic prompt on it and logs the refusals. When tested the till prompt did not work. Mr Arumugam then “…went off for a short time and when he came back the till prompts were working”.
On 24th August 2015, the Designated Premises Supervisor and owner of the business, Mr Arumugam attended a meeting with Trading Standards, Police Licensing and the Licensing Authority were a number of issues were discussed, including the suggested wording for the licence conditions. On 25th August the Licensing Authority received an email from Mr Arumugam agreeing the changes and the conditions were added to the licence by way of variation.
A further test purchase was carried out on 29th September, this time the underage sale was refused.
On 30th October 2015 the premises was revisited and a bottle of Echo Falls wine was sold to a 17 year old female volunteer. The alcohol was sold by a sales ... view the full decision text for item 1. Minutes: Present at the meeting were Mr Niranjan Arumugam (applicant), Mr Sivararan (applicants representative), Sasha Taylor and Michelle Hammond (on behalf of the Havering Trading Standards Service), Alice Peatling (on behalf of Children and Young Peoples Service), Paul Campbell (on behalf of the Licensing Authority), Oisin Daly (on behalf of the Metropolitan Police) and Arthur Hunt (Licensing Officer).
Also present were the Council’s Legal Adviser and the Clerk to the Sub-Committee.
There were no disclosures of interest, and all decisions were taken with no votes against.
The Chairman reminded those present of the action to be taken in an emergency.
PREMISES Shel’s Food and Wine, 3-4 Writtle Walk, Rainham, RM13 7XB
DETAILS OF APPLICATION
Application for a review made by Trading Standards as a Responsible Authority, under section 51 of the Licensing Act 2003. This application was received by Havering’s Licensing Authority on 29 April 2016.
APPLICANT Trading Standards, London Borough of Havering, Trading Standards Service, 5th Floor, Mercury House, Romford, Essex, RM1 3SL
1. Grounds for review
The Grounds for the review were that the premises management had a lack of regard towards the promotion of the licensing objectives, leading to two failed test purchases of sale of alcohol to minors. Additionally there had been non-compliance with the licence conditions
2. Details of Representations
Trading Standards Submission
Shel’s Food and Wine was an off licence/ grocers trading from 3-4 Writtle Walk, Rainham, RM13 7BX. The shop was situation in a small parade of shops that were positioned in the middle of a housing estate. Britton’s Secondary School was located significantly close at 0.4 miles from the premises.
Mr Niranjam Arumagam took over the business in February 2015. Mr Arumugam was the holder of the premises licence and Designated Premises Supervisor.
On 26th May 2015 information was received alleging that under age sales of e-cigarettes were taking place at Shel’s Food and Wine. The Police were concerned that other age restricted products may also be being sold to underage children.
On 4th August 2015, the premises were visited as part of an underage sales test purchase operation. The test purchase was made by a 15 year old female volunteer. The sales assistant asked the test purchaser her age, to which the volunteer replied 15. The sales assistant still sold her alcohol and said that she could have it on this occasion. The test purchaser was sold a 700ml bottle of WKD Alcopop. The sales assistant, Mr Thavarasasalingyam Thauaseelam was issued with a Fixed Penalty Notice. The DPS and premises licence holder, Mr Niranjan Arumugam, arrived shortly afterwards and stated that the till had an automatic prompt on it and logs the refusals. When tested the till prompt did not work. Mr Arumugam then “…went off for a short time and when he came back the till prompts were working”.
On 24th August 2015, the Designated Premises Supervisor and owner of the business, Mr Arumugam attended a meeting with Trading Standards, Police Licensing and the Licensing Authority ... view the full minutes text for item 1. |