Agenda and minutes

Venue: Council Chamber, Council Offices, Urban Road, Kirkby-in-Ashfield

Contact: Lynn Cain  Email: lynn.cain@ashfield.gov.uk

Items
No. Item

LSC.3

Declarations of Disclosable Pecuniary or Personal Interests and/or Non-Registrable Interests

Minutes:

No declarations of interest were made.

LSC.4

Review Hearing Application: Buy & Save, 7 High Street, Stanton Hill pdf icon PDF 111 KB

Additional documents:

Minutes:

The Chairman introduced himself and asked the Committee Members, Officers and those parties present to introduce themselves.

 

In attendance were the following:

 

Inspector Jon Hewitt (Nottinghamshire Police - Applicant)

Adrian Paling (Nottinghamshire Police - Applicant)

Emma Heath-Tilford (Nottinghamshire Police - Applicant)

Ravidu Hewa Waduge (Licence Holder)

Simon King (Solicitor representing the Licence Holder)

 

The Council’s Legal Representative explained the procedure to be followed throughout the hearing. 

 

The Licensing Manager then proceeded to outline the application for a review of the Premises Licence.

 

The Chairman then invited the Applicant to put forward their case to the Sub Committee.

 

Following this and in accordance with adopted procedure, the Licence Holder, Sub-Committee Members and Legal Officer were given the opportunity to ask questions of the Applicant for the purposes of clarity and further explanation.

 

The Licence Holder (and representing Solicitor were then invited to put forward their response. 

 

Following this and in accordance with adopted procedure the Applicant, the Sub Committee Members and Legal Officer were given the opportunity to ask questions of the Licence Holder and his representing Solicitor for the purposes of clarity and further explanation.

 

Finally, the Chairman invited the Applicant and the Licence Holder and his representing Solicitor to sum up their respective cases.

 

The Chairman and Members of the Sub Committee then withdrew from the hearing in order to deliberate upon the application and representations made in respect of it.

 

The hearing was adjourned at 11.31am.

 

The Chairman and Sub Committee Members subsequently returned to the room and the hearing reconvened at 11.45am.

 

The Legal Officer delivered the Sub Committee’s findings, the decision and the reason as follows:-

 

RESOLVED

that the decision of the Licensing Sub Committee (in exercise of its powers delegated by Ashfield District Council as Licensing Authority), was to:

 

REVOKE the premises licence held by Mr. Ravidu Hewa Waduge for Buy & Save (7 Till 10), 7 High Street, Stanton Hill, Nottinghamshire, NG17 3GG.

 

Findings

 

1.    The Premises has been closed since 15 November 2022 following service of a Closure Notice by Nottinghamshire Police. A 3 month Closure Order was made pursuant to the Anti-Social Behaviour, Crime and Policing Act 2014, at Mansfield Magistrates’ Court on 1 December 2022

 

2.    Leading up to the closure of the Premises a number of inspections and test purchases were carried out by Nottinghamshire Police, Trading Standards and Ashfield District Council. Breaches of both the Premises Licence and other legislation were found at these inspections. Advice was given and warning letters sent however matters did not improve.

 

·         20/11/21 -  Failed test purchase – sale of a knife to an underage person.

 

·         29/11/21 - Warning letter from ADC re CCTV.

 

·         11/05/22 - Letter to Premises Licence Holder from ADC regarding   allegations of sales of alcohol to persons under the age of 18.

 

·         07/07/22 – Letter to Premises Licence Holder from ADC regarding allegations of sales of alcohol to persons under the age of 18.

 

·         19/08/22 - Compliance visit by Nottinghamshire Police Licensing Officer – breaches of the licence relating to CCTV,  ...  view the full minutes text for item LSC.4