Agenda and draft minutes

Venue: Goodwood Room. Parkside, Chart Way, Horsham

Contact: Email: committeeservices@horsham.gov.uk  Direct line: 01403 215465

Items
No. Item

LI/12

Minutes pdf icon PDF 87 KB

To approve as correct the minutes of the meeting held on 18 December

(Note: If any Member wishes to propose an amendment to the minutes they should submit this in writing to committeeservices@horsham.gov.uk at least 24 hours before the meeting.  Where applicable, the audio recording of the meeting will be checked to ensure the accuracy of the proposed amendment.)

Minutes:

The minutes of the meeting held on 18 December were approved as a correct record and signed by the Chairman.

LI/13

Declarations of Members' Interests

To receive any declarations of interest from Members of the Committee

Minutes:

There were no declarations of interest.

LI/14

Application for the Review of a Premises Licence under the Licensing Act 2003 pdf icon PDF 691 KB

To consider an application for the review of a Premises Licence

Additional documents:

Minutes:

The application for the review of a Premises Licence had been submitted by West Sussex County Council (WSCC) Trading Standards on 11 January 2024 under section 51 of the Licensing Act 2003. The application related to the licence held by Mr Harinder Singh Anand for his premises trading as Choice of Horsham, 1 Park Way, Horsham, West Sussex RH12 1DP.

 

The Licensing Officer presented the report, which set out details of the events that led up to the application. WSCC Trading Standards believed that the premises had been conducting criminal activity, including the storage and supply of illicit tobacco and oversize non-UK complaint vapes that cannot legally be supplied in the UK.

 

The applicant considered that the following licensing objectives had not been met:

 

·         Prevention of Crime and Disorder; and

·         Public Safety

 

Responsible Authorities: Sussex Police and Public Health supported the review request by Trading Standards. One representation had been received from a member of the public, who spoke at the hearing. He was against the review, visited the premises regularly and had never witnessed any criminal activity taking place. There had been no further consultation responses from other responsible authorities.

 

The Sub Committee heard from the applicant who by way of background, advised of a national crackdown and joint approach between Trading Standards and HMRC known as ‘Operation CC’ to tackle the illegal trade in tobacco which is costing the treasury over £2 billion a year in tax evasion, harming legitimate businesses and presenting a danger to public health. He outlined the events and history of non-compliance at the premises and reported that during an inspection in October 2023, a sniffer dog and handler found and seized the oversized vapes and illicit tobacco. He felt that the licensing objectives were not being met and to limit further criminal activity the licence should be revoked.

 

The Sub Committee then heard from Mr S Panchal of Personal Licence Courses UK Ltd, a representative of the Premises Licence holder. He gave an account that the licence holder was unaware that the legal goods were stored on the premises and that possession of these products was an offence. He informed the committee that the member of staff aware of the illegal products had now left the company and country. Following the incident the premises holder had ensured that all areas of the premises had been checked and tidied to ensure compliance, CCTV was up to date and staff records and training were completed.

 

The Chairman and members of the Sub Committee considered the statements and responses from the Premises Licence holder and the applicant, and all the evidence presented in the appendices to the report. Further questions were raised to gain clarity.

 

The Chairman invited the Sub Committee to move to private session to deliberate.

 

The Licensing Sub Committee considered their decision under the following licence objectives, as required under the Licensing Act 2003:

 

·         Prevention of Crime and Disorder

·         Public Safety

 

The Licensing Sub Committee also had regard to the Secretary of State’s  ...  view the full minutes text for item LI/14