Greenwich Council

Decision details

Euro Food and Wine, 12 Plumstead Road, Woolwich, SE18 7BZ

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

Royal Borough of Greenwich

 

Licensing Sub-Committee

 

Representations Against Interim Steps

 

30th November 2018

 

Euro Food and Wine,

12 Plumstead Road,

Woolwich, SE18 7BZ

 

 

The Licensing Sub-Committee heard representations on behalf of the licence holders against the Interim Step imposed on 28th November 2018 to suspend the premises licence upon considering an application for a Summary Review.

 

The Sub-Committee resolved that the interim step to suspend the premises licence shall continue until the full review hearing.

 

In reaching its decision the Sub Committee had due regard to the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under S.182 of that Act. In discharging its functions the Sub-Committee did so with a view to promoting the licensing objectives of the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.

 

The Sub-Committee heard submissions from Mr Graham, solicitor for the licence holder, and who attended accompanied by Mr Manoharan, the manager of the licensed premises. Mr Graham accepted on behalf of the joint licence holders that alcohol was being sold from the premises, in breach of the premises licence, and there was violence outside the premises. Mr Graham submitted there was no causal link between the individuals wielding baseball bats and the premises. It was further submitted that alcohol was being supplied because of a misunderstanding in that no written decision had been received following the earlier review hearing on 3rd October 2018. Mr Thavaseelen, the joint licence holder and designated premises supervisor, had been present at the review hearing on 3rd October 2018 but was unrepresented and did not understand the decision of 3rd October 2018. Moreover, it was submitted that the written decision of 3rd October 2018 had not been received and the first occasion staff became aware was when police officers attended at the premises on 11th November 2018.

 

Mr Graham confirmed that Mr Thavaseelen was not in attendance for this hearing as he was away in Sri Lanka.  

 

Mr Graham submitted that an Undertaking was being offered to ensure that the premises did not open beyond 11pm at night and that there were no problems during the day time.

 

Sergeant Henderson on behalf of the police, submitted that that Mr Thavaseelen had minimal involvement with the management of the premises, he was also away before the review hearing on 3rd October 2018, and the premises was being managed poorly and he had no trust in the running of the premises even during day time.

 

The Sub-Committee considered that Mr Thavaseelen should have, as a responsible business operator who was present at that 3rd October meeting and has a number of years experience, taken steps to seek advice or make enquiries regarding the decision of the Sub-Committee which reduced the hours for licensable activities and modified the condition of the premises licence. The Sub-Committee also noted that the joint licence holder, Mrs Thavaseelen was also not present for either of the hearings.

 

In reaching its decision the Sub-Committee had serious concerns for the safety of the public, and crime and disorder associated with the premises. There had been a complete disregard of the licensing objectives.

 

 

 

 

 

 

Report author: Steve Cox

Publication date: 30/11/2018

Date of decision: 30/11/2018

Decided at meeting: 30/11/2018 - Licensing Review Sub-Committee

Accompanying Documents: