The report of the Director of Planning, Building Control & Licensing is enclosed.

This item was withdrawn as the application was agreed by all parties prior to the meeting.

The report of the Head of Planning, Building Control and Licensing is enclosed.

The Hearing Panel considered a report of the Head of Planning, Building Control and Licensing regarding a review of the Premises License for Euro Market , 402 Cheetham Hill Road, Manchester M8 9LE as a result of concerns that had been raised by Trading Standards  and GMP regarding sales of illegal tobacco and breaches of the premises’ licence.

The Panel considered the written papers, oral representations of all parties as well as the relevant legislation.

The Panel were informed  that the premises had been subject to a 10 month investigation with several incidents of possession and sales of illegal tobacco from the premises between March 2021 and December 2021. This had occurred under both the former Premise Licence Holder (PLH) and the new PLH to whom the licence had been transferred in October 2021, after the application for review had been submitted. The Panel was also invited to note that a further application to transfer the DPS had been submitted at the end of November, however this had been rejected.

Trading Standards outlined a number of breaches in connection with the possession and sales of illegal tobacco at the premises that had taken place between March 2021 and December 2021. Particular reference was given to a visit to the premises and the adjoining flat above the premises in August 2021. During this inspection Trading Standards found a large quantity of cigarettes and hand rolling tobacco that was being supplied in breach of various pieces of legislation including being counterfeit and failing to have the correct labelling and warnings on the packaging as required in the UK. The Hearing Panel was also informed of a chute between the flat and the shop allowing supply from the flat above to conceal the number of illegal cigarettes in the premise’s possession. Documents found in the flat above the premises related to Euro Markets and the DPS. The Panel was also asked to note that a visit had been conducted in November 2021 following the transfer of the licence where further illegal tobacco had been found and seized in the presence of the former PLH and DPS and the new proposed DPS. Further breaches in connection with the possession and sale of illegal tobacco had been found during a visit which took place on 1 December 2021, again in the presence of the proposed new DPS.

With regard to breaches of the premises licence conditions, the Panel was informed that several were uncovered in visits which had taken place during August 2021 and that those breaches had remained despite return visits in both October and November. Trading Standards and GMP had also raised concerns about the attitude of the managers at the premises in respect of the effort to comply with the licence conditions. In light of the numerous breaches at the premises, Trading Standards asked that the licence be revoked.

GMP supported the representations made by Trading Standards and had been present on a visit in August 2021 when a number of conditions  ...  view the full minutes text for item 177.

This item was withdrawn as the application was agreed by all parties prior to the meeting.

The officers consider that the following item or items contains exempt information as provided for in the Local Government Access to Information Act and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. The Committee is recommended to agree the necessary resolutions excluding the public from the meeting during consideration of these items. At the time this agenda is published no representations have been that this part of the meeting should be open to the public.

A recommendation was made that the public be excluded during consideration of the following items of business.

Decision

To exclude the public during consideration of the following items which involved consideration of exempt information relating to the financial or business affairs of particular persons, and public interest in maintaining the exemption outweighed the public interest in disclosing the information.

The report of the Director of Planning, Building Control & Licensing is enclosed.

The Hearing Panel considered a report of the Director of Planning, Building Control & Licensing in respect of the review of a Personal Licence following notice of a relevant conviction

The Personal Licence holder addressed the Panel and spoke about his remorse over the conviction of theft. He explained his circumstances at the time of the incident; the cause was linked to being unable to secure work during the restrictions on the hospitality sector during the COVID19 pandemic. He stated that he had subsequently secured bar work, works well with the police and other authorities and that there had been no further issues or concerns in this capacity. He acknowledged the seriousness of the matter and urged to the Panel not to remove his personal licence.

The Panel carefully considered the oral and written representations from the premises licence holder. They subsequently resolved not to take any action his personal licence on this occasion.

The Personal Licence holder was then asked to the note the process in terms of next steps. Where the Panel proposed not to revoke the licence it must give notice to the Chief Officer of police in the Licensing Authority’s area, and invite the Chief Officer to make representations about whether the licence should be suspended or revoked, having regard to the prevention of crime. The Chief Officer may make representations within the period of 14 days from the day they receive the notice from the Licensing Authority. Any representations made by the Chief Officer of police must be taken into account by the Licensing Authority in deciding whether to suspend or revoke the licence.

Decision

To propose that no action is taken and that notice is to be given to the chief officer to make representations about whether the licence should be suspended or revoked.