The Authority is in receipt of an application to review a premises licence for a premise known as Bucharest Supermarket, 70 – 72 London Road, Bognor Regis, West Sussex, PO21 1PT. It has been requested that the application be held in exempt business due to ongoing investigations.
Minutes:
The Chair noted that this hearing remained in closed session following a request by the applicant to have the review held in camera due to ongoing criminal investigations. He advised that it was a formal hearing that would follow the hearing procedures approved by the Licensing Committee held on 23 June 2023. He asked if any representations had been received to enable the hearing to be dispensed with and was advised by the Licensing Officer that none had been received. The hearing was then formally commenced.
In line with the Council’s licensing procedure, detailed representations were heard from all parties present.
The Licensing Officer presented the report which outlined the detail of a case concerning an application from West Sussex County Council Trading Standards for Bucharest Supermarket, 70-72 London Road, Bognor Regis, PO21 1PT. On the basis that the licensing objectives for the prevention of crime and disorder and the protection of children from harm have been undermined. Supporting representations were received from the West Sussex Public Health Directorate and Sussex Police who both contended that the licensing objectives for the prevention of crime and disorder and the protection of children from harm have been undermined.
West Sussex Trading Standards and West Sussex Public Health each presented their case, followed by questions from the Sub-Committee and other parties present which were responded to at the meeting. Trading Standards advised a request had been made to the premises licence holder to provide invoices for the purchases made, photocopies of which had been received today. It was noted that the invoices received had not yet been checked for authenticity.
The licence holder and his representative made representations and answered questions from the Sub-Committee and other parties present. The licence holder and his representative explained that since concerns had been raised by West Sussex Trading Standards they had put measures in place to address them, which included further training for staff. He confirmed that all products brought for sale on the premises had corresponding invoices and advised that his client had changed supplier.
All parties were given the opportunity to sum up. The Sub-Committee then retired to consider its decision.
The Chair then undertook a vote to extend the meeting by an additional 30 minutes in line with Part 5, Rules of Procedure (Meetings), Section 2, Committee Procedure Rule 8.1. This was then declared CARRIED.
On reconvening the meeting, the Chair read out the following statement:-
The Sub-Committee has considered the representations within the report and those present for a review of a premises licence at Bucharest Supermarket, 70-72 London Road, Bognor Regis, West Sussex, PO21 1PT.
The review was brought by West Sussex County Council’s Trading Standards Team on the grounds of:
1. The Prevention of Crime and Disorder
2. The Protection of Children from Harm
The Sub-Committee has considered the written representations made by West Sussex County Council’s Trading Standards Team, West Sussex Public Health Directorate and Sussex Police (who were not present) and presentations given by the parties present.
West Sussex Trading Standards Team and the Public Health Directorate had raised concerns over how the Bucharest Supermarket was operated with products and labelling which had not conformed to the required standards isolated issues from a former member of staff. The premises licence holder and his representative explained that since the concerns were raised by West Sussex County Council they had put measures in place to address them, such as further training and providing information requested by Trading Standards.
The Sub-Committee also considered the report before them in detail to make a decision in accordance with the licensing objectives and also had due regard to the following:
· Licensing Act 2003’s statutory licensing objectives
· Arun District Council’s Statement of Licensing Policy
· Guidance under Section 182 by the Home Secretary and Licensing Act 2003
· The application and both written and oral relevant representations by the parties
The Licensing Sub-Committee has considered all the range of options available to them for failing to meet the licensing objectives sought in the review and decided to:
1. Suspend the premises licence for a period of 2 months from 1 January 2024 at 00:00 hours.
The Committee concluded that additional conditions would not be appropriate as it appears that the licence holder is taking steps to address the concerns of West Sussex County Council to address the current concern for the review whilst the concerns are also covered by separate legislation. The Licensing Sub-Committee was satisfied that a 2 month period of suspension would allow the licence holder to trade up until the New Year and proportionate and reasonable in the circumstances.
Given that the licence holder has been in contact with the Licensing Team and responsible authorities following this review, it is hoped that the concerns of this review can be addressed going forward.
It is noted that the licence holder was represented and should seek legal advice on his rights regarding an appeal should he wish to.
The Licence holder is also invited to contact the Council’s Environmental Health and Licensing Team for advice and assistance.
The Sub-Committee therefore
RESOLVED – To
(1) Suspend the premises licence for a period of 2 months from 1 January 2024 at 00:00 hours.