Agenda and draft minutes

One Stop S'gate St, Licensing Sub-Committee - Thursday, 17th August 2017 6.00 pm

Venue: Civic Suite, North Warehouse, The Docks, Gloucester, GL1 2EP. View directions

Contact: Tony Wisdom  Democratic Services Officer

Items
No. Item

1.

Prior to the Meeting

Minutes:

Prior to the formal opening of the meeting all parties agreed to proceed with a Sub-Committee comprised of two Councillors as Councillor Gravells had been prevented from attending by an unforeseen emergency.

2.

Election of Chair

To appoint a Chair of the meeting.

Minutes:

Councillor Hannah Norman was appointed Chair of the meeting.

3.

Introductions and Procedures

The Chair, Members officers, representatives of responsible authorities and interested parties to introduce themselves.

Minutes:

Those present introduced themselves and the Chair outlined the procedure to be followed for the meeting.

4.

Declarations of Interest

To receive from Members, declarations of the existence of any disclosable pecuniary, or non-pecuniary, interests and the nature of those interests in relation to any agenda item. Please see Agenda Notes.

Minutes:

No declarations were made on this occasion.

5.

Licensing Act 2003 -Review of Premises Licence - One Stop Shop, 107, Southgate Street- Saman Kakalai pdf icon PDF 154 KB

To consider the report of the Corporate Director of Services and Neighbourhoods

Additional documents:

Minutes:

Report of the Licensing Officer

 

The City Centre Improvement Officer presented his report which detailed an application by Gloucestershire County Council Trading Standards to review an existing Premises Licence in respect of One Stop Shop, 107 Southgate Street. He outlined the application which was detailed in Section 4 of the report and the application for the review which was attached as Appendix 3 to the report.

 

He noted that Mr Saied Osanlou was the holder of the premises licence when the request for a review was received on 18th July 2017. The Premises Licence was transferred to Mr Saman Kakalai, who is also the designated Premises Supervisor on 27th July 2017.

 

There were no questions of the Officer.

 

Responsible Authority (Glos CC Trading Standards)

 

Ms Farooq stated that Trading Standards had requested the review of the licence due to continuing serious concerns regarding crime and disorder. She stated that illegal tobacco and psycho-active substances such as nitrous oxide were causing serious concerns in the County.


She noted that illegal tobacco had been seized in 2014 when Mr Kakalai was employed at the premises. In June 2017 further illegal tobacco had been found and a test purchase had resulted in the officer being supplied with illegal cigarettes. The CCTV on the premises, required by condition, was not working at the time. Mr Kakalai had received an advisory visit but a further test purchase and seizure had occurred in July 2017.

 

She advised Members of the following concerns regarding illegal tobacco:

·         Packaging was not compliant with current law requiring standard packaging.

·         No health warnings were displayed in English as required by law.

·         No excise duty had been paid resulting in a loss of revenue.

·         Cheaper product was more attractive particularly to younger people.

·         Unfair pressure on compliant traders.

 

She noted that the sale of tobacco was not a licensable activity but government guidance called for a serious view to be taken of the sale of illegal tobacco and psycho-active substances. She noted that nitrous oxide capsules had been on display in the premises together with ‘crackers’ which were devices to release the contents. There was no indication that these items were being sold for any lawful purpose.

 

Mr Cardew demonstrated the use of the devices for the benefit of the Sub-Committee.

 

The Chair asked where the items were displayed and she was advised that they were under the counter near the till.

 

Councillor Brazil asked when the nitrous oxide was seized and was advised that Mr Kakalai appeared to have control of the premises at that time. She asked if the CCTV was working at the present time and Mr Cardew advised that the premises had not been visited since July.

 

The Chair asked about the previous prosecutions referred to in Appendix 4, the witness statement. She was advised that Mr Kakalai had not been prosecuted due to uncertainty regarding the ownership of the premises as he had not paid in full for the business. The prosecution had  ...  view the full minutes text for item 5.