Agenda and minutes

Licensing Sub-Committee
Thursday, 29th July 2021 6.00 pm

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

Contact: Democratic and Electoral Services 

Items
No. Item

1.

Election of Chair

To appoint a Chair for the meeting.

Minutes:

Councillor Walford was elected Chair.

2.

Welcome and Introductions

Those present to introduce themselves and the Chair to outline the procedure for the meeting.

Minutes:

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

3.

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:

There were no declarations of interest.

4.

Application for Determination pdf icon PDF 188 KB

For members to consider an application to review an existing Premises Licence in respect of WAG 3, 38 Bristol Road, Gloucester, GL1 5SD.

 

 

Additional documents:

Minutes:

Counsel representing the Licence Holder attended the meeting virtually after a Court date she had attended in Ealing overran. The Chair confirmed with her and the Licence Holder that they were content for her to represent her client virtually. Counsel representing the Licence Holder confirmed that they were happy to proceed and she thanked the Sub-Committee for allowing her to join virtually.

 

Licensing Team Leader’s Report

 

The Licensing Team Leader presented the report inviting members to consider an application to review an existing Premises Licence in respect of WAG 3, 38 Bristol Road, Gloucester, GL1 5SD.

 

 

Statement of Gloucestershire County Council Trading Standards Officer

 

The Trading Standards Officer stated that the reasonings for the application for a review of the Premises was contained within the report. He stated that Gloucestershire County Council Trading Standards were the responsible authority which had applied for a review of the Licence.

 

He stated that Trading Standards enforced legislation regarding the sale of illegal tobacco, which was tobacco which could not be legally sold. He said that the application laid out the pieces of legislation that had been broken by the Licence Holder, which could attract a fine on summary conviction of up to 2 years imprisonment.

 

He said that the sale of illegal tobacco was in the top 5 areas of work that Trading Standards were attempting to deal with. He stated that unfortunately, Gloucester had numerous premises which sold illegal tobacco, though most did not have a Licence to sell alcohol.

 

He stated that illegal tobacco was far cheaper than the legal equivalent. He said that the consequence of this was that it made it more accessible to people who would otherwise be encouraged to give up smoking. He added that, the Government purposefully have tobacco at higher prices, to encourage people to give up.

 

He said that another consequence of the sale of illegal tobacco was that it damages trade for Businesses within the City who were operating fairly.

 

He said that illegal tobacco had no duty paid on it. He said that the excise duty payable on 20 cigarettes is currently £6.42.

 

He said that in regard to the sale of counterfit and often smuggled tobacco products, consumers were being misled into believing that they were purchasing legal brands such as Richmond, when they were being given low quality tobacco.

 

He said that cheap white cigarettes were made for smuggling and that they had no legitimate market.

 

The Trading Standards Officer pointed to the revised guidance issued under Section 182 of the Licensing Act 2003.

 

‘It is envisaged that licensing authorities, the police, the Home Office (Immigration Enforcement) and other law enforcement agencies, which are responsible authorities, will use the review procedures effectively to deter such activities and crime. Where reviews arise and the licensing authority determines that the crime prevention objective is being undermined through the premises being used to further crimes, it is expected that revocation of the licence – even in the first instance – should be seriously  ...  view the full minutes text for item 4.