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Introductory remarks by the Chairman
The Chairman of the Panel will outline procedures to be adopted in relation to the conduct of the meeting and will introduce the Members of the Panel and other persons present.
The Chairman welcomed everyone to the meeting and following introductions he set out the procedure that would be followed during the hearing.
It was confirmed that additional information submitted by the objector had been circulated to all parties.
It was also confirmed that Mr Sivashenkar was representing the licensee.
Apologies for absence
To receive apologies for absence.
Apologies for absence were received from Councillor C Harriss.
Declarations of interest
To receive any disclosure of disclosable pecuniary interests by Members relating to items on the agenda. If any Member is uncertain as to whether an interest should be disclosed, he or she is asked if possible to contact the District Solicitor prior to the meeting.
Members are reminded that if they are declaring an interest, they should state the nature of that interest whether or not they are required to withdraw from the meeting.
There were no declarations of interest.
Best One Express, 8 Bridge Street, High Wycombe, HP11 2PT
The Panel considered an application under s.51 of the Licensing Act 2003 for a review of the premises licence in respect of Best One Express, 8 Bridge Street, High Wycombe, HP11 2PT.
Mr Brian Whittall, WDC Licensing Officer, apologised that Annex 2 and 3 had not been included in the original bundle of papers. Mr Whittall explained that the pack which had been sent by Compliance Direct had these papers within. Mr Whittall also notified the Panel that Thames Valley Police (applicant) had requested to show the Panel some CCTV footage and that this footage had also been supplied to the licensee’s representative.
Mr Whittall then outlined the case to the Panel as detailed in the report, and explained that the premises were located opposite the High Wycombe Bus Terminal and were within a mixed commercial and residential area. The premises were located in close proximity to Desborough Road which had historically been an area associated with anti-social behaviour.
An application was received by Wycombe District Council (WDC) for a premises licence in March 2011 by the brother of the current licence holder. A licence was granted which was further amended in August 2011 by the Licensing Panel further to receipt of a representation from the police in relation to a variation application.
The police subsequently requested a review of the premises licence in September 2011 for breach of licence conditions following a Trading Standards test purchase operation in which alcohol was sold to an underage person. The decision of the Licensing Panel amended the conditions of the premises licence.
On 2 July 2014 the Designated Premises Supervisor (DPS) attached to the premises for Best One Express, Mr Kanakanayagam Sureshkumar pleaded guilty in the Wycombe Magistrates Court to 7 charges relating to section 136 offences in respect of another premises within High Wycombe town centre.
In October 2014 an application was received to transfer the premises licence into the name of Mr Kanakanayagam Shanthakumar. This application was granted.
On 4 March 2015, Trading Standards applied under section 51 of the Act to review the premises licence. On 24 February 2015, Trading Standards officers, in conjunction with HMRC officers, seized a quantity of alcohol products at Best One Express that had not had UK duty paid and was not intended for sale in the UK. The Licensing Panel decided that the premises licence should be suspended for a period of three months. As part of their decision, the Panel provided an informative within the Decision Notice to the licence holder that any further review applications may result in the revocation of the premises licence.
A formal warning was issued in March 2015 to Mr Shanthakumar for section 57 offences with a final warning issued for the same offence on 13 May 2015.
In July 2015 an application was received by Mr Shanthakumar to appoint himself onto the premises licence as DPS.
On 28 October 2016 a formal warning was issued to Mr Shanthakumar for a number of licence condition breaches. ... view the full minutes text for item 55.