Agenda and minutes

Apologies were received fromWSCC Public Health and Sussex Police.

The procedure the Licensing Panelwillfollowin considering the application is set outin the Licensing Act2003,its attendantRegulations and was agreed by the Licensing Committee on 2nd February2005.  The Licensing Panel,in accordance with rule 14 of the Licensing Act2003 (Hearings)Regulations 2005 decide to exclude the public fromallorpartof the hearing where the Licensing Panelconsiders thatitis in the public interestto do so.

None.

The minutes of the meetings held on 6 April and 5 June 2023 were agreed as a correct record and were signed by the Chairman.

Introduction and outline of the report

Jon Bryant, Senior Licensing Officer introduced the report to determine an application

submitted by West Sussex Trading Standards to review a Premises Licence at K & A Enterprise, Haywards Heath; the review related to the Prevention of Crime and Disorder, the Promotion of Public Safety, and the Protection of Children from Harm.

The application to review the licence, pursuant to Section 51 Licensing Act follows the sale of underage products, the sale of alcohol to a child during a test purchase conducted by West Sussex Trading Standards on 2^nd September 2021 and a further sale of alcohol to a child during a test purchase conducted by Trading Standards on 8^th February 2023. Submissions from Responsible Authorities, in support of the review had also been received from Sussex Police and WSCC Public Health.

The Panel were asked to determine the application on the evidence presented at the hearing having regard to the Licensing Act 2003, MSDC Licensing Policy and the Home Office Guidance issued under Section 182 Licensing Act 2003.

The Senior Licensing Officer advised K & A Enterprise of 118 South Road have been licenced for the sale of alcohol for consumption off the premises since December 2008, under Licence Number PWA0348.  The Designated Premises Supervisor (DPS) at the time of the incidents in the review application was Mr Kandeepan Kandhasamy.  The Officer highlighted that on 5^th May 2023, during the investigation by Trading Standards  and prior to the review application the Premises Licence Holder and DPS was transferred from Mr Kandeepan Kandhasamy to Mr Selvakkumar Karaimuthu, both of 118 South Road.  The Officer noted the additional conditions on the current licence, as detailed in the report.  The Panel were advised, if appropriate they could update the schedule of conditions to remove duplicates and out of date conditions.  

The review was requested as during a test purchase organised by Trading Standards on 8^th February 2023 a child was sold alcohol. They were also made aware of the sale of age restricted products, vapes and alcohol to children, confirming the sale of alcohol to a child during a test purchase on 3^rd September 2021; a warning letter had been issued to Mr Kandhasamy. Trading Standards stated that prevention advice on the sale of underage products has been given to Mr Kandhasamy previously on a number of occasions.  During an inspection in 2019 there were also issues on food safety and the labelling of products.  Trading Standards advised there is a failure to consistently uphold the licensing objectives and requested that the Panel review the licence to limit further criminal activity, and act as a deterrent for other licence holders considering illegal activities.  As advice on the sale of underage products had been given on several occasions, Trading Standards suggested a revocation was a suitable outcome of the review. 

The Officer confirmed that the review of the license had been correctly advertised and the current Premises Licence Holder and DPS  ...  view the full minutes text for item LS.4