Agenda and minutes

Apologies for absence were submitted by West Midlands Police and the Premises Licence Holder.

There were no declarations of interest.

An application for a review of a Premises Licence in respect of Phoenix Express and International Food, 715 Parkfield Road, Wolverhampton, WV4 6EE had been received from Trading Standards.

Before proceeding with the hearing, the Chair advised all parties present that the Premises Licence Holder was not present. It was confirmed that the Premises Licence Holder had advised Democratic Services that he would not be in attendance for the review hearing.

Angela Bernard, Senior Solicitor, advised the Sub-Committee that they could vote to continue with the hearing or adjourn until such date that the Premises Licence Holder be available to attend. The Sub-Committee voted to continue with the hearing. 

The Chair welcomed all parties to the hearing and invited all those present to introduce themselves. All parties did so. He outlined the procedure to be followed and all parties confirmed that they understood the procedure.

The Sub-Committee’s statutory duty was to consider the application and any representations, and to take such steps as contained in the Licensing Act 2003 as it considered appropriate for the promotion of the Licensing Objectives.

Debra Craner, Section Leader - Licensing & Compliance, provided an outline of the application. Nicola Biddle, Senior Officer - Trading Standards, confirmed that the summary was accurate.

The Chair invited Trading Standards to present their application. The Senior Officer - Trading Standards, did so as per Appendix 3 of the report. She stated the following:

1.       In December 2021, Trading Standards received a complaint that illegal cigarettes were being sold at Phoenix Express and International Food.

2.       A visit on 23 September 2022 by officers from Trading Standards, West Midlands Police and Home Office Immigration Enforcement found a gentleman behind the counter without entitlement to work in the UK, a male found to be living in the premises and various illicit tobacco products and vapes concealed in the premises and in a car registered at the premises. Neither the Designated Premises Supervisor nor the Premises Licence Holder were present during the visit.

3.       8,000 cigarettes, 1 kilogram of hand-rolling tobacco and 44 disposable vapes were seized. These products breached various pieces of legislation.

4.       The licence summary and tobacco notice were not displayed in the premises.

5.       The Premises Licence Holder had engaged in activities that breached the Licensing Objectives and the Sub-Committee should consider revoking the premises licence.

The Chair afforded all parties present the opportunity to question Trading Standards in relation to its submission. There were no questions asked.

The Chair invited the Licensing Authority to make representations. Amitabh Singh, Section Leader - Licensing, did so as per Appendix 4 of the report and the Supplementary Agenda Pack. He stated the following:

1.       The Licensing Authority supported the application for review put forward by Trading Standards.

2.       A Senior Licensing Officer had attended the premises on multiple occasions, and trader notices had been issued on three visits.

3.       On these three visits, multiple breaches were discovered, and these had not been rectified in subsequent visits.

4.       The premises had  ...  view the full minutes text for item 3.