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Agenda and minutes

Venue: Council chamber - Merton Civic Centre, London Road, Morden SM4 5DX. View directions

Contact: Hilary Gullen 

Items
No. Item

1.

Appointment of the Chair

Minutes:

Cllr David Simpson was appointed Chair of the Panel

 

2.

Declarations of Pecuniary Interest

Minutes:

None

3.

Nishile Newsagents, 39 High Street, Colliers Wood, SW19 2JE

Minutes:

The Chair outlined the procedures to be followed in this review of the premises licence.

 

Ian Murrell, Head of Environmental Health, speaking on behalf of the applicant -Trading Standards - presented the case regarding the sale of a 170l bottle of WKD and 10 cigarettes to a 14 year old girl on 14th October 2013, as described in the hearing papers.

 

The Agent presented the response for the licence holder and explained that Mr N Patel was taking his responsibilities very seriously and described that measures had been taken since the incident, such as staff training, and the use of an incident register.  The employee who made the sale, Mr C Patel, was devastated by his mistake and had received a formal warning.  Mr C Patel is a valued member of staff and remains employed at the premises, where there is a total of 3 staff.

 

Mr N Patel had contacted the Agent promptly following the incident, and procedures were checked.

 

The Agent explained the training package which comprised of two manuals.  The agent is accredited, but the package is not.  The Agent is a level two trainer.  Training has been completed with two staff.  Mr C Patel has completed the course and passed a test purchase.  The incident had happened nine months ago and the Agent hoped the Licensing Sub-Committee would appreciate the improvements and changes that had taken place since.

 

The Agent expressed concern about the impact some of the proposed conditions would have on a small business with regard to staffing and issues with training new staff effectively in time to keep the business running.

The legal officer offered advice from sections 11.20 to 11.28 of the S182 guidance.

 

In response to Licensing Sub-Committee members’ questions, Mr N Patel confirmed he is based at the premises for work and that he will always ask for identification in the future.  The Agent also explained the cost implication in getting accreditation status.

 

Ian Murrell explained the delay in hearing the review was due to a previous Review being withdrawn.  Ian Murrell also confirmed that Mr C Patel had completed training from a Trading Institute package, given by an LBM officer.  This training is not accredited.

 

Ian Murrell identified that a fundamental question in the Premises Licence holders’  own training questionnaire, on page 10 of their submitted bundle had been incorrectly answered, yet marked correct.   The Agent felt it was unreasonable as this was one inaccuracy, out of the whole pack, to be raised.

The Licensing Sub-Committee went into closed session at 3.15pm

The legal officer gave Licensing Sub-Committee members advice regarding the Home Office Guidance and proportionality.

 

The hearing resumed at 3.35pm and the chair gave the Licensing Sub-Committee’s decision and reasons as follows:

 

Conditions:

  1. Age verification policy of 25 years old. A “Challenge 25” proof of age policy shall be operated at the premises at all times.  All checkout/till/serving staff shall check proof of age documents of all persons who appear to be under 25 years old.  ...  view the full minutes text for item 3.

4.

Notice of Determination - Nishile Newsagent pdf icon PDF 69 KB