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Agenda item
Application to review a premises licence: Moscwichka, 1A Pevensey Road, St Leonards on Sea
Minutes:
Mr Bob Brown, Licensing Manger, advised the committee that he had received an email from the Ms Jenya Dimitrova, the premise licence holder for Moscwichka, stating that she would not be attending the hearing. In the email, Ms Dimitrova said that she had found a new sub tenant to take over the lease of the shop, and requested that the premises licence remain in place to enable this. A copy of the email was circulated to the committee for them to consider.
The Chief Legal Officer advised that under the Licensing Act 2003 (Hearings) Regulations 2005, the hearing may proceed in the absence of a party, when that party had informed the authority of non-attendance. Councillor Roberts proposed that the hearing proceed in the absence of the premises licence holder, which was seconded by Councillor Charlesworth.
RESOLVED (unanimously) that, in accordance with the Licensing Act 2003, the hearing will proceed in the absence of the premises licence holder.
Mr Brown presented the report of the Assistant Director Environment and Place on an application to review a premises licence for Moscwichka, 1A Pevensey Road, St Leonards-on-Sea. On 23 June 2015, the council had received an application for a review of an existing premises licence for Moscwichka from Mr Graham Wolstenholme, Senior Trading Standards Officer, East Sussex County Council Trading Standards Service. The application was made under Section 51 of the Licensing Act 2003.
Mr Wolstenholme addressed the committee; he explained that the review was in pursuit of the licensing objectives for the prevention of crime and disorder and to ensure public safety. Trading Standards had carried out a visit to the premises on 4 November 2014, during the visit they had found and seized a large quantity of illicit and counterfeit cigarettes. The cigarettes had been hidden behind a false wall on the premises; Trading Standards officers also noted that the counter in the shop had been modified to conceal the products from view. The Premises Licence holder and Designated Premises Supervisor for Moscwichka is Ms Jenya Dimitrova. Ms Dimitrova is also the secretary and a 50% shareholder of H G Foods Limited, which operates shops in St Leonards-on-Sea, Eastbourne and Royal Tunbridge Wells.
Some restricted material from Trading Standards, which was not part of the formal documentation for the agenda, was circulated for the committee to read.
Mr Wolstenholme provided samples of the seized cigarettes for the committee to view. He explained that the cigarettes did not meet the requirements of the Tobacco Products (Manufacture Presentation and Sale) (Safety) (Amendment) Regulations 2007 for the use of colour photographs to depict the consequences of smoking and for the labelling on the packets to be in the official language of the country they would be marketed in. UK duty tax had also not been paid on the cigarettes which indicated that they had been smuggled into the country.
Mr Wolstenholme submitted a transcript of a recorded interview with Ms Dimitrova on 20 November 2014. In the interview, Ms Dimitrova said that she has little or no contact with her shops, of which she is DPS. She adds that she applied for the DPS as she was the only one capable of passing the relevant tests. Ms Dimitrova claimed that the she knew nothing of the illegal cigarettes found on her premises, and that the cigarettes in question had been sold by the shop manager without her knowledge.
A further transcript of an interview with Mr Levon Hovakimyan on 3 February 2015 was submitted. Mr Wolstenholme explained that Mr Hovakimyan identified himself as the manager of the shop. Mr Hovakimyan stated that he had been selling the illegal cigarettes for approximately one and a half months to people from Eastern European backgrounds; he also admitted hiding the cigarettes to prevent Trading Standards from finding them.
Further visits by Trading Standards and Her Majesty’s Revenues and Customs to the stores operated by HG Foods Limited in Eastbourne and Royal Tunbridge Wells had uncovered supplies of illegal cigarettes.
At its meeting on 27 August 2014, the Licensing Sub-Committee of Tunbridge Wells Borough Council had removed Ms Dimitrova as the DPS of the shop operated by H G Foods Limited in Tunbridge Wells. Mr Hovakimyan had since been appointed as the DPS of that store and Trading Standards had contacted Tunbridge Wells Borough Council to advise that he was not a fit person to hold that position. On 29 July 2015, the Licensing Act Sub-Committee removed Ms Dimitrova as the DPS of the Eastbourne store, and revoked the premises licence.
Mr Wolstenholme said that Trading Standards was seeking a revocation of the premises licence for Moscwichka, as Ms Dimitrova either lacked sufficient control of her premises as the DPS and /or was complicit in the sale of illegal tobacco products.
Mr Trevor Scrase, Senior Licensing Office, made a submission to the committee in support of the review of the premises licence for Moscwichka. He explained that the premises had recently been renamed Ocean 3.
Mr Scrase stated that in 2013 and 2014 the licence holder had been late paying their annual fee and had also failed to notify the licensing authority following a change of address. He commented that, although these incidents were not sufficient to necessitate a review of the licence, they did provide further evidence that the premises were poorly managed. Mr Scrase added that, at the time Ms Dimitrova made her application to become a DPS, she did not indicate that she was acting on behalf of anyone else.
In summarising the report, Mr Brown highlighted recent guidance from the Secretary of State which stated that Licensing Authorities should take appropriate action to deter the sale of illegal tobacco and alcohol.
RESOLVED (unanimously) that the licence be revoked and the DPS be removed.
The reason for this decision was:
The Committee have listened very carefully to all the evidence before it.
The lack of management and sale of smuggled tobacco products (which were hidden) at the premises has been systemic with all 3 premises that the company have run.
There were further failings for example, failure to notify change of the DPS address and trading name and the illegal sale of DVD’s.
The Licensing Committee have had regard to guidance issued by the Secretary of State and its own Licensing Policy.
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