Agenda and minutes

To consider an application for the review of a Premises Licence in respect of Harans, 10/11 Norfolk Street, Wisbech, PE13 3LD

Report attached

Members considered an application for the review of a premises licence under the provisions of the Licensing Act 2003 in respect of Haran’s Supermarket, Wisbech. 

The Chairman paused the hearing whilst the Licence Holder spoke to his legal representative outside of the hearing. They both entered the room at 11.06am and the Legal representative apologised for the delay. The Chairman introduced the Panel and others present were:

Joseph Keegan, Public Health for Cambridgeshire County Council

Kirsty Draycott, Trading Standards for Cambridgeshire County Council

Mr Kanapathipillai Kumaravel Thivakaran, Licence Holder

Sarah Clover, Legal Representative for Mr Thivakaran

The Licensing Manager, Michelle Bishop, outlined her report. She advised that the two responses received in favour of the review application at Appendix D of the report had since been withdrawn as evidence had been submitted confirming a trade waste agreement is in place. She stated that a petition was received after the consultation period ended, hence not in the agenda pack, which she was willing to submit to the Panel today. However, the Chairman disregarded the petition as it was received beyond the consultation period deadline.

The Chairman invited questions relating to the report, of which there were none. He then invited Kirsty Draycott to make her representation.

Kirsty Draycott thanked the Chairman and outlined her representation on behalf of Trading Standards for Cambridgeshire County Council. The Chairman then invited Joe Keegan to make his representation on behalf of Liz Robin, Director of Public Health and in support of the findings by Trading Standards. 

The Chairman thanked both responsible authorities for their reports and asked Sarah Clover if she had any questions, to which she replied she had none. 

The Chairman then invited questions from the Panel.

Councillor Tanfield asked Kirsty Draycott why nothing happened after the test purchase on 17 January 2018.  Kirsty Draycott responded that it was not undertaken by Trading Standards but was a test purchase by a representative of one of the tobacco manufacturers. Councillor Tanfield asked if it was known who actually sold the tobacco. Kirsty Draycott replied that she had now received a statement from the tobacco industry.  Sarah Clover interjected that she was concerned to hear this as she had previously asked for evidence of the sale on 17January 2018, which was disputed and it was not accepted as a fact that this sale had taken place. Kirsty Draycott said that she had not received any request.  Michelle Bishop clarified that prior to the original hearing date on 2 September 2019, which was then adjourned to today, Corrigan Lockett had made a request but she was unavailable; but no subsequent request for evidence had been received since the adjournment. Sarah Clover said that she had the evidence of request for disclosure in front of her and, in any event, to present fresh evidence at this hearing would be against regulations. The Chairman said in that case, as the additional evidence was being challenged, and we have been informed in the report simply that there was  ...  view the full minutes text for item LH6/19