notification of chairman and outline of procedure

The Chairman opened the meeting by introducing the Sub-Committee and the Officers present. She then outlined the procedure that would be followed.

declarations of interest

No interests were declared.

part b minutes for information

review of premises licence under the licensing act 2003

The Chairman drew attention to the tabled statement of Mr Ardalan Mohammed the Premises Licence Holder of the Cherry Express, 207/9 High Street, Sheerness.

PC Rowley reported that he visited the premises on 25th November 2008 and alcohol was being kept on the premises. He then returned to the premises on 17th December 2008 with Michael Moss (Licensing Enforcement Officer, Swale Borough Council), during the visit Mr Mohammed failed to provide CCTV data and became very agitated. PC Rowley then visited the premises on 30th November 2009 with the Police and Officers from Revenue and Customs. During this visit Mr Mohammed poured lighter fluid over himself and threatened to set himself alight. PC Rowley stated that he did not consider Mr Mohammed was a suitable person to be a licence holder.

PC Barbara Murray drew attention to photographs contained within the report taken during the visit on 30th November 2009 which showed alcohol, cigarettes and tobacco on which duty had not been paid and also a quantity of counterfeit tobacco.

Mr Phillips, Trading Standards Officer, reported that following intelligence reports of alleged under-aged sale of tobacco he visited the premises on 5th February 2009 and that during the visit Mr Mohammed became agitated and again threatened to set himself alight. As a consequence no Trading Standards Officers operating in East Kent were allowed to visit the premises unless accompanied by Police Officers.

Mr Philips reported that a test purchase of tobacco had been carried out at the store on 10th February 2009 and a member of staff sold cigarettes to a minor. Mr Philips reported that during a visit to the premises Jin Ling cigarettes were found. He explained that Jin Ling cigarettes were banned in the European Union as they contained very high levels of tar. He added that as they were not subject to the stringent safety tests which other brands were it was unknown what other substances they contained.

Mr Michael Moss, Licensing Enforcement Officer, Swale Borough Council concluded that in his opinion both the Crime and Disorder and Public Safety conditions of the licence had not been met.

PC Murray stated that Mr Mohammed had shown a complete disregard for the law on four occasions and it was their opinion that he was not a suitable person to hold a premises licence and asked that the licence be revoked.

In response to queries from Members, Mr Mohammed stated that he understood that he had broken the law.

The Licensing Sub-Committee adjourned to make their decision at 10.32 am. Members of the Sub-Committee, the Assistant Solicitor and Democratic Services Officer left the meeting and returned at 10:45 am.

The Chairman stated that the Committee considered that Mr Mohammed had shown a complete disregard of the law and licensing objectives, particularly crime and disorder and that the Committee had no alternative but to revoke the premises licence. She advised Mr Mohammed that he could appeal the Committee's decision.