To consider a Full Review of a premises licence following an Expedited Review in respect of: Natalka Polskie,  22 Eign Street, Hereford, HR4 0AB called by Charles Hill, Superintendent of the West Mercia Constabulary and represented by Mr James Mooney, Police Licensing Officer.

The Regulatory Sub-Committee was convened in order to determine an application for a full review of a premises licence following an expedited review. The expedited review had been applied for by West Mercia Police based on the licensing objectives regarding the prevention of crime and disorder.

The Chairman introduced the Members and Officers and asked any interested parties to introduce themselves.

Mr Phillips, the Premises Licence Holder’s legal advisor, requested a brief adjournment as he had been served additional papers via email at 8:40 am. The Chairman adjourned the meeting until 9:30 am.

When the meeting was reconvened the Chairman advised all parties of the procedure the Council followed in respect of premises licence reviews. Mr Phillips requested an extension to the usual 10 minutes allocated to all parties for addressing the Sub-Committee. The extension was granted.

In response to a question regarding the submission presented to the Sub-Committee, Mr Phillips confirmed that his representation was not against the interim steps and that the opening paragraph of his submission had been duplicated from an earlier meeting. He confirmed that his submission related to the full review of the premises licence. He added that he would also be requesting that the interim steps applied on 29 September be lifted.

The Licensing Officer presented the report. In reference to Mr Phillips’ comments regarding the interim steps he asked for clarification from Mr Phillips as to where the legislation allowed the interim steps to be lifted. Mr Phillips advised that although it was not specifically provided in the legislation the High Court had ruled in previous cases that the interim steps could be lifted.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Inspector Nick Sempler, representing West Mercia Police who had applied for the review, addressed the sub-committee. He advised the Sub-Committee that the application for an expedited review was based on the sale of contraband goods which amounted to serious financial gain. It was also noted that the amount of cash seized at the premises was considerably less than initially claimed, he apologised for this error but stated that the initial figure was given in good faith based on an email from the officer who was dealing with the police investigation.

All parties were given the opportunity to question Inspector Sempler. A number of questions were asked by Mr Phillips relating to the discrepancy in the cash amount seized at the premises; whether there was any evidence to suggest any of the vodka had been sold; whether there was any evidence to suggest any contraband tobacco had been sold and whether or not Mr Staliglowa had refused to attend the store when telephoned by his employee. Some of these questions were answered by Inspector Sempler and others were answered by Mr Mooney, West Mercia Police’s Licensing Officer.

During the questioning the issue of whether or not Mr Staliglowa had refused to attend the store was raised. To help clarify the situation the Sub-Committee requested that Adam Michniok attend the hearing. Mr Michniok was a Community Support Officer who had been requested to assist with translation when the warrant was served on the store. He confirmed that the member of staff who was present when the warrant was served had asked if she could contact Mr Staliglowa, she phoned him and he said that he would not attend the store. In response to a question from Mr Phillips, Mr Michniok confirmed that there had not been a request from the Police or HMRC for Mr Staliglowa to attend the store.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Phillips, the premise licence holder’s legal advisor, addressed the sub-committee. He asked Mr Staliglowa to read through his written statement. Mr Staliglowa gave a detailed background to his business interests and the history of his involvement with the store. He went on to give a detailed account of his movements on the day the warrant was served.

Mr Phillips requested that the interim steps be immediately withdrawn and that the only possible action to take would be the addition of a condition requesting that Mr Staliglowa agree to improve the CCTV system at the store to allow recording to be kept for a period of 30 days.

The Licensing Officer had concerns in respect of the interim steps being lifted immediately as in his opinion this was contrary to paragraph 6.2 of the DCMS guidance.

The Sub-Committee retired to make their decision, the Council’s Legal Advisor and the Democratic Services Officer also retired to assist them with legal and procedural matters.

At the conclusion of the meeting the Council’s Legal Advisor notified all parties of the decision of the Sub-Committee. He confirmed that they had decided to restore the premises licence subject to two new conditions. He added that the Committee had considered carefully the Home Office guidance dated October 2010 and in particular paragraph 11.23 and those parts immediately following and that the reasoning therein contained was instrumental in it reaching its decision.

The Committee noted that other proceedings were ongoing but was clear that its decision must be based on the evidence heard before it.

RESOLVED

THAT the premises licence in respect of Natalka Polskie, 22 Eign Street, Hereford, HR4 0AB, be restored and that the interim steps put in place by the Sub-Committee on 29 September 2011 be lifted with immediate effect. The Sub-Committee also requests that the following conditions be attached to the licence forthwith:

1          CCTV will be provided in the form of a recordable system, capable of providing pictures of EVIDENTIAL QUALITY in all lighting conditions particularly facial recognition.

Cameras shall encompass all ingress and egress to the premises, fire exits, outside areas, and all areas where the sale/ supply of alcohol occurs.

Equipment MUST be maintained in good working order , be correctly time and date stamped , recordings MUST be kept in date order, numbered sequentially and kept for a period of 30 days and handed to Police on demand.

The Premises Licence Holder must ensure at all times a DPS or appointed member of staff is capable and competent at downloading CCTV footage in a recordable format EITHER DISC or VHS to the Police/Local Authority on demand.

The Recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or other responsible named individual. An operational daily log report must be maintained endorsed by signature, indicating the system has been checked and is compliant, in the event of any failings actions taken are to be recorded.

In the event of technical failure of the CCTV equipment the Premises Licence holder/DPS MUST report the failure to the Police on contact number 0300 333 3000 immediately.

2          Alcohol for off sales to be purchased by the Designated Premises Supervisor or by someone specifically authorised by him in writing, appropriate records to be kept.