To review a Premises Licence in respect of Yuvraj's Mini Market, 9 Manchester Road, Reading, RG1 3QD.
Minutes:
The Sub-Committee considered a report on an application by Thames Valley Police who were a named responsible authority under the Licensing Act 2003 in respect of Yuvraj's Mini Market, 9 Manchester Road, Reading, RG1 3QD. The application for review had been submitted in order to address the failure of the premises licence holder to promote the four licensing objectives (Prevention of Crime and Disorder, Prevention of Public Nuisance, Public Safety and Protection of Children from Harm) due to insufficient measures to ensure due diligence or compliance with their licence conditions. The following documents were appended to the report:
Appendix LIC1 Review Application Form;
Appendix LIC2 Representations from Reading Borough Council Licensing Team
Appendix LIC3 A copy of the blue public notice displayed at the premises
Appendix RS1 A copy of the current premises licence
Appendix LIC4 A location plan of the premises.
The existing Premises Licence permitted the following:
Hours for the Sale by Retail of Alcohol
Monday to Sunday 0800 hours until 2300 hours
The report explained that these concerns were based on the breaches of the conditions attached to the licence that had been observed on several visits by RBC Licensing officers and Thames Valley Police to the premises. These included the regular supply of alcohol to individuals engaged in street drinking and its related anti-social behaviour in and around the vicinity of the premises, and concerns that the premises were involved in the alleged offences of handling of stolen goods.
The Premises Licence Holder, Mrs Kristine Deo, her husband Mr Jagdeep Deo and their representative, Bill Donne, Silver Fox Licensing Consultants, were present, addressed the Sub-Committee and answered questions. Additional paperwork had been submitted by Bill Donne on behalf of the Premises Licence Holder and this was also considered at the meeting.
Declan Smyth, Licensing Officer, Thames Valley Police, was present and addressed the Sub-Committee, asked and responded to questions.
During the 28-day consultation period representations had been received from Reading Borough Council Licensing team and their submissions were attached to the report. Robert Smalley, Licensing and Enforcement Officer, Reading Borough Council, attending the meeting, addressed the Sub-Committee and asked and responded to questions.
Peter Narancic, Senior Licensing and Enforcement Officer presented the report.
Councillor Edwards left the meeting at 11.05am and took no part in making the decision.
Resolved - That, having regard to the four licensing objectives and the oral and written representations made, the Secretary of State’s guidance issued under section 182 of the Licensing Act 2003 and the Council’s Statement of Licensing Policy, the Sub-Committee concluded unanimously that it was appropriate and proportionate to revoke the Premises Licence in respect of Yuvraj's Mini Market, 9 Manchester Road, Reading, RG1 3QD, whilst noting that the licence holder was now complying with the licensing conditions and that standards had been improving within the premises on the following grounds:
a. the Sub-Committee found on the balance of probabilities that the licence holders were handling stolen goods at the premises,, having considered the facts below to come to this conclusion:
i. the Police received a report that the shop was involved in handling stolen goods and then found stolen goods in the store six days later;
ii. the licence holder and/or licence holder’s husband did not report the incident to the Police or indeed record it in the incident log (when it was noted that other incidents had been recorded);
iii. the stolen goods were kept in the storeroom and not discarded;
iv. the licence holder’s husband stated that the incident happened in February, March or April 2023 but the Police understood the bottles to have been taken from M&S within 10 days prior to the bottles being found in the storeroom.
b. Given this finding, the Sub-Committee did not consider that their other powers would be sufficient to prevent the undermining of the licensing objectives, specifically, the prevention of crime and disorder.
c. The Sub-Committee also considered what was warranted in the public interest having regard to the twin considerations of prevention and deterrence and concluded that revocation of the licence was both appropriate and proportionate in the circumstances detailed above and in the paperwork provided to the Sub-Committee.
The Premises Licence Holder was informed of their right to appeal the decision.
Supporting documents: