Agenda, decisions and minutes

Licensing Act 2003

Notice of Decision

PREMISES

Elm Park Express,

9 Broadway Parade,

Hornchurch,

RM12 4RS

DETAILS OF APPLICATION

This application for a premises licence is made by Ercan Batit under section 17 of the Licensing Act 2003 (“the Act”).

APPLICANT

Ercan Batit,

162-164 Deans Lane,

London,

HA8 9NT

1.            Details of requested licensable activities

This application was for a new premises licence.   

Details of the application

2.            Non Standard Timings

Seasonal variations

None.

Non-standard timings

None.

3.            Promotion of the Licensing Objectives

The applicant acted in accordance with regulations 25 and 26 of The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 relating to the advertising of the application.  The required public notice was installed in the 15 May edition of the Romford Recorder.

4.            Details of Representations

Valid representations may only address the four licensing objectives.

·                     The prevention of crime and disorder

·                     Public safety

·                     The prevention of public nuisance

·                     The protection of children from harm

There were no representations against this application from an interested party.

Responsible authorities’ representations

Chief Officer of Metropolitan Police (“the Police”): 

The Metropolitan Police were making an objection because they believed that granting the premises licence  would have a detrimental effect against promoting at least two of the four licencing objectives, namely: -

1.    Prevention of Crime;

2.    Protection of Children from Harm.

The premises had come to the polices notice on several occasions, most recently on 22 April 2015 when the premises were brought before the Licensing Sub-Committee following a review by trading standards, when the Sub-Committee had decided to revoke the licence.

In January 2015 illicit alcohol and cigarettes were seized as part of a joint operation with HMRC.

On 11 December 2014 the premises had sold alcohol to a test purchase officer. PC Davies had been part of that operation and he had established that the seller had not requested identification and had not asked the test purchaser to confirm their age. The seller in question had a current personal licence and had been issued with a fixed penalty notice. During the same operation officers had found a large quantity of foreign cigarettes, that had not been VAT cleared, under the counter.

In June 2011 police and Trading Standards officers had carried out a test purchase, on that occasion the Designated Premises Supervisor (DPS), believed to be Mr Cocelli, had sold a bottle of wine to a 16 year old test purchaser.  No identification had been requested and the DPS had not asked for the volunteer’s age. The DPS had been prosecuted and had pleaded guilty at court.

As the police left the premises following the operation on the 11 December 2014 a member of the public entered the shop and attempted to buy some of the cigarettes from underneath the counter. She had been advised that these were no longer available and she seemed to be annoyed. To the police this appeared,  ...  view the full decision text for item 2.

PREMISES

Elm Park Express,

9 Broadway Parade,

Hornchurch,

RM12 4RS

DETAILS OF APPLICATION

This application for a premises licence was made by Mr Ercan Batit under section 17 of the Licensing Act 2003 (“the Act”).

APPLICANT

Ercan Batit,

162-164 Deans Lane,

London,

HA8 9NT

1.            Details of requested licensable activities

This application was for a new premises licence.   

Details of the application

2.            Non Standard Timings

Seasonal variations

None.

Non-standard timings

None.

3.            Promotion of the Licensing Objectives

The applicant had acted in accordance with regulations 25 and 26 of The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 relating to the advertising of the application.  The required public notice had been installed in the 15 May edition of the Romford Recorder.

4.            Details of Representations

Valid representations might only address the four licensing objectives.

·                     The prevention of crime and disorder

·                     Public safety

·                     The prevention of public nuisance

·                     The protection of children from harm

There were no representations against this application from an interested party.

Responsible authorities’ representations

Chief Officer of Metropolitan Police (“the Police”): 

The Metropolitan Police had made an objection because they believed that granting the premises licence  would have a detrimental effect against the promotion of at least two of the four licencing objectives, namely: -

1.    Prevention of Crime;

2.    Protection of Children from Harm.

The premises had come to the Polices notice on several occasions, most recently on 22 April 2015 when the premises had been brought before the Licensing Sub-Committee following a review by Trading Standards, when the Sub-Committee had decided to revoke the licence.

In January 2015 illicit alcohol and cigarettes had been seized as part of a joint operation with HM Revenue and Customs.

On 11 December 2014 the premises had sold alcohol to a test purchase officer. PC Davies had been part of that operation and he had established that the seller had not requested identification and had not asked the test purchaser to confirm their age. The seller in question had a current personal licence and had been issued with a fixed penalty notice. During the same operation officers had found a large quantity of foreign cigarettes, which had not been VAT cleared, under the counter.

In June 2011 Police and Trading Standards officers had carried out a test purchase, on that occasion the Designated Premises Supervisor (DPS), believed to be Mr Cocelli, had sold a bottle of wine to a 16 year old test purchaser.  No identification had been requested and the DPS had not asked for the volunteer’s age. The DPS had been prosecuted and had pleaded guilty at court.

As the police left the premises following the operation on the 11 December 2014 a member of the public had entered the shop and attempted to buy some of the cigarettes from underneath the counter. She had been advised that these were no longer available and she had seemed to be  ...  view the full minutes text for item 2.