Agenda, decisions and minutes

The Panel will appoint a Chair for the meeting.

Cllr Zarina Amin was appointed Chair for the meeting.

Cllr Zarina Amin was appointed Chair for the meeting.

To receive apologies for absence from those Members who are unable to attend the meeting.

All Panel members were in attendance.

All Panel members were in attendance.

Toapprovethe Minutesofthemeetingof the Panelheld on the 22^nd August 2024.

The minutes of the meeting held on the 22^nd August 2024 were approved has a correct record.

The minutes of the meeting held on the 22^nd August 2024 were approved has a correct record.

Members will be asked to say if there are any items on the Agenda in which they have any disclosable pecuniary interests or any other interests, which may prevent them from participating in any discussion of the items or participating in any vote upon the items.

No interests were declared.

No interests were declared.

Most agenda items take place in public. This only changes where there is a need to consider exempt information, as contained at Schedule 12A of the Local Government Act 1972. You will be informed at this point which items are to be recommended for exclusion and to be resolved by the Panel.

All agenda items were considered in public.

All agenda items were considered in public.

The Panel will receive any petitions and/or deputations from members of the public. A deputation is where up to five people can attend the meeting and make a presentation on some particular issue of concern. A member of the public can also submit a petition at the meeting relating to a matter on which the body has powers and responsibilities.

In accordance with Council Procedure Rule 10, Members of the Public must submit a deputation in writing, at least three clear working days in advance of the meeting and shall subsequently be notified if the deputation shall be heard. A maximum of four deputations shall be heard at any one meeting.

No deputations or petitions were received.

No deputations or petitions were received.

To receive any public questions.

In accordance with Council Procedure Rule 11, the period for the asking and answering of public questions shall not exceed 15 minutes.

Any questions must be submitted in writing at least three clear working days in advance of the meeting.

No public questions were received.

No public questions were received.

To consider the application at 9:30am

Contact: Steve Mycroft Licencing Officer. Tel 01484 221000

RESOLVED:

That the premises licence in respect of Markwan Mini Market, Trading as - Hudds Wines, 8 Kirkgate, Huddersfield HD1 1QH be revoked.

The Panel considered a report which outlined an application for the Review of a premises licence for Markwan Mini Market, Trading as, Hudds Wines, 8 Kirkgate, Huddersfield HD1 1QH.

The Licensing Officer advised the Panel that on 31^st July 2024, West Yorkshire Police made an application for the review of premises licence for Markwan Mini Market, Trading as, Hudds Wines, 8 Kirkgate, Huddersfield HD1 1QH, under Section 51 of the Licensing Act 2003. The Applicant believed that the Licensing Objectives in respect of the Prevention of Crime and Disorder and Public Safety were not being met.

The Panel was informed that West Yorkshire Police had received intelligence that the premises had been selling illegal cigarettes and tobacco. In response to this intelligence, on the 10^th June 2024, a search was carried out under Section 179 of the Licensing Act, where large quantities of illegal cigarettes and tobacco were found.  On 11^th July a test purchase was carried out by Trading Standards where further illegal cigarettes were purchased.

On the 18^th June 2024, Trading Standards assisted West Yorkshire Police to conduct a further search where more illegal cigarettes and tobacco products along with allege stolen bottles of alcohol and illegal vapes were found.

PC Swift, West Yorkshire Police, confirmed that illegal cigarettes were found in the shop, the shop had failed a test purchase for illegal cigarettes, and 227 illegal vapes were found to be on sale at the premises. In addition, stolen items were found in the storeroom and there were reasonable grounds to believe that these items were being offered for sale. During the search, behind the serving counter, 1,700 illegal cigarettes and 5 pouches of illegal tobacco were found and subsequently seized and passed over to Trading Standards.

PC Swift further advised that in June 2024, a letter was sent to the premises licence holder with clear instructions that the premises must not store illegal cigarettes/tobacco or sell it, and that the alcohol licence would be reviewed if further such products were found in the shop or on sale.

Jason Bethell, Trading Standards Officer, confirmed that during the visit on 18^th July 2024, a thorough inspection of the store was conducted, and recovered from behind the counter were 227 disposable electronic cigarettes with a tank capacity greater than the maximum permitted of 2ml making them illegal. In the storeroom, there were bottles of spirits which still had the security tags on the top, placed there by supermarkets to prevent them from being stolen.

Having considered all the information presented both verbally and in writing, the Panel, in reaching its decision, had due regard to the provisions of the Licensing Act 2003, the statutory guidance issued under section 182 of the Act, the Councils Statement of Licensing Policy and the relevant provisions of the human Rights Act.

The Panel determined that the Licencing Objectives in respect of Public Safety and the Prevention of Crime and Disorder were not being achieved at the premises and  ...  view the full minutes text for item 8.