The Interim Assistant Director, Waste, Fleet and Transport Services will present a report (Document “G”) which presents an application for review of a Premises Licence authorising the sale of alcohol for consumption off the premises at Piotr I Pawel, 23 Duckworth Lane, Bradford.   

Recommended –

Members are invited to consider the information and documents referred to in the report and, after hearing individuals, bodies or businesses, determine the related application.

(Melanie McGurk – 01274 431873)

The Interim Assistant Director, Waste, Fleet and Transport Services provided a report (Document “G”) which presented an application for review of a Premises Licence authorising the sale of alcohol for consumption off the premises at Piotr I Pawel, 23 Duckworth Lane, Bradford.  

It was explained that the review had been requested by the West Yorkshire Trading Standards Service (WYTS) and their Business Services Team Manager addressed the meeting to discuss the grounds for the review.  Appended to the report were copies of the Premises Licence; the application for review received on 22 June 2021; an extract from Government Guidance for dealing with such matters and a location plan of the premises.

The Business Services Team Manager detailed an incident of selling single cigarettes to a child test purchaser which had been witnessed by officers and three occasions when illegal tobacco products had been made available to the public. 

Details of one prosecution of the Premises Licence Holder and ongoing criminal investigations in relation to the seizures of illicit tobacco were reported.

Unsuccessful attempts to interview the premises licence holder were discussed together with a brief statement provided by a shop assistant witnessed working at the premises.  It was maintained that selling single cigarettes to a child was a breach of the licensing objectives of protection of children from harm and that the provision of illegal tobacco to the public breached the prevention of crime and disorder and public safety objective of the Licensing Act 2003.

Following a detailed presentation, the Panel and the Council’s Legal Advisor raised a number of questions to which the following responses were provided:

·         There was no evidence of illegal sales of alcohol at the premises.

·         Illegal sales of tobacco were regarded as contraband goods.

·         There were a number of residential properties and foot traffic at the location from the nearby hospital.

·         Taking account of Government guidance WYTS considered that the serious nature of the offences were grounds for a full revocation of the licence.

·         It was acknowledged that the revocation of the premises licence would not prevent future sales of tobacco products but it was hoped that the revocation would deter the premises licence holder from future breaches of the licensing objectives.

·         There had been previous complaints regarding the sale of alcohol at the premises before the premises licence holder was transferred to the current holder.

·         It was usual practice to inform the licence holder of complaints before carrying out test purchases.

In summation the WYTS Business Team Manager stressed that the service did not call for reviews lightly.  It was explained that whilst the selling of tobacco was not a licensable activity it was felt that the incidence of selling cigarettes to a child; smuggled tobacco being found on the premises on three occasions and a blatant disregard for the law required a full revocation of the licence.

Resolved –

That having considered all valid representations made by the parties to the hearing; valid written representations received during the statutory period, the published statement of licensing policy and relevant statutory guidance and, in light of the compelling evidence of persistent breaches of licensing objectives, the premises licence be revoked.

Reason - it is considered that the above revocation is necessary to protect children from harm; maintain public safety and prevent crime and disorder – Protection of Children from Harm; Public Safety and Prevention of Crime and Disorder Objectives

ACTION:        Interim Assistant Director Waste, Fleet & Transport Services