Agenda item

To consider an application for the review of the premises licence relating to Giewont Polish Shop 192 Blackburn Road, Accrington, following the submission of an application under section 51 of the Licensing Act 2003 (“the Act”) by a responsible authority namely Lancashire Trading Standards

Attached to the report are the following appendices:

Appendix A – Copy of the current licence

Appendix B – Review application

Recommended                   -     That the Committee consider the application to review the premises licence for Giewont Polish Shop made by Lancashire Trading Standards, and any submissions made by the premises licence holder.

In accordance with the Hyndburn Borough Council policy on the Conduct of Hearings and the Licensing Act 2003 ( Hearings) Regulations 2005, the Licensing Manager, Mrs Redfern, advised  the Licensing Sub-Committee of the details of an application to review a Premises Licence relating to Giewont Polish Shop, 192 Blackburn Road, Accrington, following the submission of an application under Section 51 of the Licensing Act 2003 by a responsible authority namely Lancashire Trading Standards. 

Representatives from Lancashire Trading Standards and the premise licence and two other supportive representatives were in attendance at the meeting.

A copy of the Licensing Authority’s Conduct of Hearings had been circulated prior to the meeting with the agenda.

The Licensing Manager provided the Committee with details of the premises’ current licence which included permission to sell alcohol for consumption off the premises between 0900 to 2200 hours Monday to Sunday.  A copy of the current licence was attached as appendix A to the agenda.  On 31^st May 2024 an application for the review of the premises licence pursuant to Section 51 of the Licensing Act 2003 was received from Lancashire Trading Standards.  The grounds for the review related to the licensing objective, the prevention of crime and disorder.  A copy of the review application was attached as appendix B to the agenda.  The applicant alleged that illegal vapes and tobacco had been sold at the premises as well as other breaches of the licensing conditions, including the sale and storage of smuggled tobacco and vapes.  A number of supportive documents referred to as JM1, JM2, JM3, JM4, JM5, JM6 and JM7 in the report were circulated at the meeting, as part of the review application.  In addition, the applicant informed the Committee that Trading Standards had made numerous attempts to work with the premise licence holder to resolve the issues outlined above.

In respect of the application for the review of the premises licence, responsible Authorities and other persons were invited to make representations but none were received.

The Premises Licence Holder was provided with an opportunity to respond to the application to review and to allegations made at the meeting.  As part of their submission a document titled ‘Statement of Truth’ was circulated.  Appended to the document was a copy of a Subcontract Agreement for Shop Rental. 

The Licensing Manager advised the Committee on the steps that they could take after considering the application, as set out in 5.2 of the report.

The Sub-Committee, in considering the application, had regard to its own Licensing Policy, as well at the statutory guidance and took into account representations made by Lancashire County Council, Trading Standards and the Premises Licence Holder.

Resolved                 - That, the Premise Licence be revoked.  The Committee felt that the evidence submitted at the meeting by Lancashire County Council, Trading Standards, had been compelling and this had given significant weight to the making of the decision.  They noted that Trading Standards had tried to work with the Premise Licence Holder on numerous occasions but despite this, it had been found that the premises had still been selling and storing illegal tobacco and vapes in significant quantities and on more than one occasion.  This was compounded by the fact that the premises had also tried to conceal evidence of illegal storage.  The Licence Holder’s previous history and evidence that the premises had taken part in significant and deliberate criminal activity contributed to determining a decision.  Consideration was also given to the Licence Holder’s representations, however, the Committee considered that this was poor and insignificant and, therefore, it gave little weight to the determination of the decision.  In addition to these representations the Committee also used the Council’s Licensing Policy and the Home Office guidance to form a decision.  The Premise Licence Holder was informed of his right to appeal.