Decision Outcome
That having reviewed the premises licence held under the Licensing Act 2003 by Nelly UK Limited in respect of Polish Shop Spizarnia, 210 High Street, Erdington, Birmingham, B23 6SJ, following an application for a review made on behalf of the Chief Inspector of Weights and Measures, this Sub-Committee hereby determines
1) TO REVOKE THE PREMISES LICENCE, and;
2) REMOVE AZGHAR HUSSEIN AHMED AS DESIGNATED PREMISES SUPERVISOR
in order to promote the prevention of crime and disorder and public safety from harm objectives in the Act.
The Sub-Committee's reasons for revoking the licence and removing the Designated Premises Supervisor are due to concerns by the Chief Inspector of Weights and Measures in relation to the seizure of 102 bottle of illicit alcohol/spirits that were for sale at the Premises on the 15th February 2016. The items did not display the UK Duty Paid marks, but were nevertheless openly displayed on the shelves. These brands included Krupnik, Wyborowa, Extra Zytnia and Starogardzka.
The Sub-Committee carefully consider the guidance under Section 182 of the Licensing Act 2003 by the Secretary of State, particularly Reviews in connections with Crime. Given the circumstances set out above, the Sub-Committee felt that the Premises Licence Holder and DPS were undermining the Prevention of Crime and Disorder objective within the Act (given the seizure of such a large quantity of illicit alcohol).
In accordance with paragraphs 11.27 and 11.28 of Guidance issued by the Home Office under S182, the sale of smuggled alcohol should be treated as particularly serious (11.27). In addition to this, the Sub-Committee were satisfied that the Premises Licence Holder and DPS were undermining the Prevention of Crime and Disorder objective within the Act to further crimes it was therefore appropriate to consider and indeed revoke the Licence, as there were no compelling reasons to depart from the Guidance.
The Sub-Committee had heard evidence from Chief Inspector of Weights and Measures, supporting the assertion made by other persons making representations, that where the premises are associated with serious criminal activity (as defined in paragraph 11.27 of the S182 Guidance) they are commonly associated with organised crime. Additionally, as a result of the enforcement visit, the Chief Inspector of Weights and Measures expressed grave concerns over the way the premises were managed. It also appeared that the Designated Premises Supervisor was responsible for significant management failures and had no control of the premises which in turn, called into question his competency to continue in the role. It was noted that the illicit alcohol was openly on sale on the shelves within the premises. No representations were received from either the Premises Licence Holder or the DPS to provide any explanation for the matters set out above, neither of whom attended the meeting. Such scant disregard for the seriousness of the matters before the
Sub-Committee further demonstrated a fundamental failure on the part of both the Licence Holder and DPS.
The Sub-Committee gave consideration as to whether it could modify the conditions of the licence and suspend the licence for a specified period of not more than 3 months, but was not satisfied given the evidence submitted, that the licensing objectives would be properly promoted following any such determination. Revocation and removal of the DPS, were the only measures the Licensing Sub-Committee considered to be appropriate, reasonable and proportionate in order to properly promote the Licensing Objectives, particularly the prevention of crime and disorder and the promotion of public safety.
In reaching this decision, the Sub-Committee has given due consideration to the City Council’s Statement of Licensing Policy, the Guidance issued under Section 182 of the Licensing Act 2003 by the Secretary of State, the written representations made by other persons, and the submissions made at the hearing by the officer from the Chief Inspector of Weights and Measures.