Doncaster Metripolitan Council
Councillors:
56
Wards:
22
Committees:
25
Meetings (2025):
88
Meetings (2024):
113
Meeting
Licensing Sub-Committee - Doncaster
Meeting Times
Scheduled Time
Start:
Tuesday, 4th June 2024
10:30 AM
Tuesday, 4th June 2024
10:30 AM
End:
Tuesday, 4th June 2024
2:30 PM
Tuesday, 4th June 2024
2:30 PM
Meeting Status
Status:
Confirmed
Confirmed
Date:
04 Jun 2024
04 Jun 2024
Location:
Council Chamber, Civic Office, Waterdale, Doncaster DN1 3BU
Council Chamber, Civic Office, Waterdale, Doncaster DN1 3BU
Meeting Attendees
Committee Member
Cabinet Member for Adults, Wellbeing and Culture
Chair
Councillor Dave Shaw
Not required
Vice-Chair
Councillor Linda Curran
Present, as expected
Committee Member
Councillor Bev Chapman
Present, as expected
Committee Member
Councillor Yetunde Elebuibon
Not required
Committee Member
Councillor John Healy
Not required
Committee Member
Councillor Leanne Hempshall
Present, as expected
Committee Member
Councillor Debbie Hutchinson
Present, as expected
Committee Member
Councillor Emma Muddiman-Rawlins
Not required
Committee Member
Councillor Thomas Noon
Not required
Committee Member
Councillor Ian Pearson
Not required
Agenda
0
A. Reports where the Public and Press may not be excluded.
0
11.30am
0
10.30am
1
Apologies for Absence
2
To consider the extent , if any, to which the public and press are to be excluded from the meeting.
Minutes
Whilst the reports were not exempt. Parts of the additional bundles submitted by the Applicant for both Agenda items and Appendix F of Agenda Item 6 were exempt as they contained personal information protected by Data Protection Legislation not required to be published in accordance with the Licensing Act 2003.
3
Declarations of interest, if any.
Minutes
There were no declarations reported at the meeting.
4
Minutes of the Licensing Sub-Committee meetings held on 24th April, 8th May and 9th May, 2024
Attachments:
- Document 240424 23 May 2024
- Document 080524 final 23 May 2024
- Document 090524 lic sub final 23 May 2024
Minutes
RESOLVED that the minutes of the meetings held on 24th April, 8th and 9th May be approved as a correct record and signed by the Chair.
5
Licensing Act 2003 - Application for a Review of an Existing Premises Licence - Stop and Shop, 15 East Laith Gate, Doncaster, DN1 1JG.
Attachments:
- Document i5 lic sub 040624 Report 23 May 2024
- Document i5 lic sub 040624 APPENDIX D 23 May 2024
- Document i5 lic sub 040624 APPENDIX E 23 May 2024
- Document Addtional Document 040624 Public 23 May 2024
Minutes
The Sub-Committee considered an application for the review of an existing premises licence in respect of Stop and Shop, 15 East Laith Gate, Doncaster DN1 1JG
The Sub-Committee Members, the Applicant, and the Premises Licence Holder, had received a copy of the agenda prior to the meeting. Copies of the additional bundle submitted by the Applicant had also been received by all parties.
At the commencement of the hearing, the Chair welcomed all parties to the meeting, made introductions and outlined the procedure to be followed.
The Senior Licensing Practitioner, Hayley Oxley introduced the report and outlined the key points in relation to the application.
The Applicant, Karen O’Rouke, Trading Standards and Licensing (CDC), attended the meeting and made representations and answered questions.
The Premises Licence Holder was not in attendance.
All parties were then asked to leave the meeting, whilst the Sub-Committee deliberated on the application and reached a decision.
RESOLVED that having considered the application for a review of the existing premises licence in respect of Stop and Shop, 15 East Laith Gate, Doncaster DN1 1JG and taken into account the representations made and the evidence presented today, the steps that are appropriate to promote the Licensing Objectives, the Home Office Guidance and our Statement of Licensing Policy, the Licensing Sub-Committee have decided to revoke the licence.
The Sub-Committee made the decision for the following reasons: -
It was submitted by Trading Standards, a Responsible Authority, that the premises licence holder, had received 2 letters In November 2022 and May 2023 advising him of his responsibilities in relation to the sale of vapes. In addition, there was a formal interview in June 2023 where he was further advised regarding his responsibilities. Despite this, a joint visit was carried out in October 2023, where 660 oversized vapes were seized, some of these bore the names of Skittles and Hubba Bubba. A Further joint visit was carried out in January 2024 when 548 oversized vapes were seized. The assistant in the store at that time, did not have authorisation from Immigration to work in the country (a right to work has now been granted). In addition, it was observed that a copy of the licence was not displayed on public view as per the licence conditions and there were no challenge 25 posters.
The oversized vapes represented an infringement of the law and potentially a public safety risk. The Sub-Committee were concerned that even after being warned on more than one occasion, the premises licence holder, continued to flout regulations and showed a disregard for the licensing objectives, specifically, public safety, The protection of children from harm and the prevention of crime and disorder. There was particular concern at the nature of some of the vapes seized at the premises, given the flavours appeared to be targeted at children and young people, i.e., gummy bears/skittles.
The Sub-Committee Members, the Applicant, and the Premises Licence Holder, had received a copy of the agenda prior to the meeting. Copies of the additional bundle submitted by the Applicant had also been received by all parties.
At the commencement of the hearing, the Chair welcomed all parties to the meeting, made introductions and outlined the procedure to be followed.
The Senior Licensing Practitioner, Hayley Oxley introduced the report and outlined the key points in relation to the application.
The Applicant, Karen O’Rouke, Trading Standards and Licensing (CDC), attended the meeting and made representations and answered questions.
The Premises Licence Holder was not in attendance.
All parties were then asked to leave the meeting, whilst the Sub-Committee deliberated on the application and reached a decision.
RESOLVED that having considered the application for a review of the existing premises licence in respect of Stop and Shop, 15 East Laith Gate, Doncaster DN1 1JG and taken into account the representations made and the evidence presented today, the steps that are appropriate to promote the Licensing Objectives, the Home Office Guidance and our Statement of Licensing Policy, the Licensing Sub-Committee have decided to revoke the licence.
The Sub-Committee made the decision for the following reasons: -
It was submitted by Trading Standards, a Responsible Authority, that the premises licence holder, had received 2 letters In November 2022 and May 2023 advising him of his responsibilities in relation to the sale of vapes. In addition, there was a formal interview in June 2023 where he was further advised regarding his responsibilities. Despite this, a joint visit was carried out in October 2023, where 660 oversized vapes were seized, some of these bore the names of Skittles and Hubba Bubba. A Further joint visit was carried out in January 2024 when 548 oversized vapes were seized. The assistant in the store at that time, did not have authorisation from Immigration to work in the country (a right to work has now been granted). In addition, it was observed that a copy of the licence was not displayed on public view as per the licence conditions and there were no challenge 25 posters.
The oversized vapes represented an infringement of the law and potentially a public safety risk. The Sub-Committee were concerned that even after being warned on more than one occasion, the premises licence holder, continued to flout regulations and showed a disregard for the licensing objectives, specifically, public safety, The protection of children from harm and the prevention of crime and disorder. There was particular concern at the nature of some of the vapes seized at the premises, given the flavours appeared to be targeted at children and young people, i.e., gummy bears/skittles.
6
Licensing Act 2003 - Application for a Review of an Existing Premises Licence - Beckett Road News, 35 Beckett Road, Wheatley, Doncaster, DN2 4AD.
(Appendix F to the report is not for publication as it contains personal information protected by Data Protection Legislation, not required to be published in accordance with the Licensing Act 2003).
Attachments:
- Document i6 lic sub 040624 Report 23 May 2024
- Document i6 lic sub 040624 APPENDIX D 23 May 2024
- Document i6 lic sub 040624 APPENDIX E 23 May 2024
- Document i6 lic sub 040624 APPENDIX F EXEMPT 23 May 2024
- Document Additional Document 040624 public (2) 23 May 2024
Minutes
The Sub-Committee considered an application for the review of an existing premises licence in respect of Beckett Road News, 35 Beckett Road, Wheatley, Doncaster DN2 4AD.
The Sub-Committee Members, the Applicant, and the Premises Licence Holder and those making representations, had received a copy of the agenda prior to the meeting. Copies of the additional bundle submitted by the Applicant had also been received by all parties.
At the commencement of the hearing, the Chair welcomed all parties to the meeting, made introductions and outlined the procedure to be followed.
The Senior Licensing Practitioner, Hayley Oxley introduced the report and outlined the key points in relation to the application.
The Applicant, Karen O’Rouke, Trading Standards and Licensing (CDC), attended the meeting and made representations and answered questions.
Mr Daniel Clarke a representative from the Home Office Immigration Compliance and Enforcement attended the meeting and made representations and answered questions.
The Premises Licence Holder was not in attendance.
All parties were then asked to leave the meeting, whilst the Sub-Committee deliberated on the application and reached a decision.
RESOLVED that having considered the application for a review of the existing premises licence in respect of Beckett Road News, 35 Beckett Road, Wheatley, Doncaster DN2 4AD and taken into account the representations made and the evidence presented today, the steps that are appropriate to promote the Licensing Objectives, the Home Office Guidance and our Statement of Licensing Policy, the Licensing Sub-Committee have decided to revoke the licence.
The Sub Committee made the decision for the following reasons: -
It was submitted by Trading Standards, a Responsible Authority, that the premises licence holder, was provided with advice regarding due diligence, He was sent a letter on 2 May 2023, later that month, on 19 May 2023, and email was sent to the premise licence holder, trying to contact him, to request he attend for a recorded interview, but no response was ever received. The mobile number would not dial as one of the digits was missing, the number was wrong on all the documents relating to premises licence holder.
During a visit in June 2023, products were seized which included illicit vapes and illicit cigarettes. Paperwork was left asking the premises licence holder to contact the Trading Standards Service, but no response was received.
In January 2024, a joint visit was made to the premises to see if they were now compliant. The team were accompanied by a specialist dog and trainer, they found a hidden compartment which had to be broken open, where illicit cigarettes were found, and further stock was found in an old refrigerator. Breaches of licensing conditions were also observed in that there was no copy of the premises licence on display, no challenge 25 posters and there was no refusals book. Some of the cigarettes seized also detailed flavours such as apple, mint and wine.
A Senior Analyst received samples of Amber Leaf rolling tobacco, that were seized - 2 samples were sent, one from the concealment and one from items in the refrigerator both samples were counterfeit. Other hand rolling tobacco sent i.e., Richmond Blue, Lambert and Butler and Golden Virginia, were also counterfeit. This was in breach of the Trademarks Act 1994, a breach of which carries a sentence of up to 10 years in prison.
The Trading Standards Officer referenced a report from a Dr Khan in 2020 which reported that illicit trade contributes to tobacco addiction. When sold at a price which doesn’t take into account duty this diminishes the effect of the high costs.
The Sub-Committee noted that illicit cigarettes are more appealing to young people who find them more affordable. Counterfeit cigarettes are also likely to lack the reduced ignition propensity seen in legitimate cigarettes.
The Sub-Committee also heard from Mr Clark from the Home Office Immigration Compliance and Enforcement. He detailed that his team had visited on 4 occasions between December 2022 and October 2023. On 3 of those occasions, the team found 1 male present alone at the premises – there was a different male present on each occasion, but on those occasions, the males, were found to be working illegally.
It is clear to the Sub-Committee that the premises licence holder had complete disregard for the law and the licensing objectives, specifically, the prevention of crime and disorder and the prevention of harm to children and public safety.
The Sub-Committee took into account the guidance at paragraph 11.27 of the statutory guidance: -
‘There is certain criminal activity that may arise in connection with licensed premises which should be treated particularly seriously. These are the use of the licensed premises: -
• for employing a person who is disqualified from that work by reason of their immigration status in the UK;
• for the sale or storage of smuggled tobacco and alcohol’
The guidance adds at paragraph 11.28: -
‘Where reviews arise and the licensing authority determines that the crime prevention objective is being undermined through the premises being used to further crimes, it is expected that revocation of the licence – even in the first instance – should be seriously considered’
The Sub-Committee Members, the Applicant, and the Premises Licence Holder and those making representations, had received a copy of the agenda prior to the meeting. Copies of the additional bundle submitted by the Applicant had also been received by all parties.
At the commencement of the hearing, the Chair welcomed all parties to the meeting, made introductions and outlined the procedure to be followed.
The Senior Licensing Practitioner, Hayley Oxley introduced the report and outlined the key points in relation to the application.
The Applicant, Karen O’Rouke, Trading Standards and Licensing (CDC), attended the meeting and made representations and answered questions.
Mr Daniel Clarke a representative from the Home Office Immigration Compliance and Enforcement attended the meeting and made representations and answered questions.
The Premises Licence Holder was not in attendance.
All parties were then asked to leave the meeting, whilst the Sub-Committee deliberated on the application and reached a decision.
RESOLVED that having considered the application for a review of the existing premises licence in respect of Beckett Road News, 35 Beckett Road, Wheatley, Doncaster DN2 4AD and taken into account the representations made and the evidence presented today, the steps that are appropriate to promote the Licensing Objectives, the Home Office Guidance and our Statement of Licensing Policy, the Licensing Sub-Committee have decided to revoke the licence.
The Sub Committee made the decision for the following reasons: -
It was submitted by Trading Standards, a Responsible Authority, that the premises licence holder, was provided with advice regarding due diligence, He was sent a letter on 2 May 2023, later that month, on 19 May 2023, and email was sent to the premise licence holder, trying to contact him, to request he attend for a recorded interview, but no response was ever received. The mobile number would not dial as one of the digits was missing, the number was wrong on all the documents relating to premises licence holder.
During a visit in June 2023, products were seized which included illicit vapes and illicit cigarettes. Paperwork was left asking the premises licence holder to contact the Trading Standards Service, but no response was received.
In January 2024, a joint visit was made to the premises to see if they were now compliant. The team were accompanied by a specialist dog and trainer, they found a hidden compartment which had to be broken open, where illicit cigarettes were found, and further stock was found in an old refrigerator. Breaches of licensing conditions were also observed in that there was no copy of the premises licence on display, no challenge 25 posters and there was no refusals book. Some of the cigarettes seized also detailed flavours such as apple, mint and wine.
A Senior Analyst received samples of Amber Leaf rolling tobacco, that were seized - 2 samples were sent, one from the concealment and one from items in the refrigerator both samples were counterfeit. Other hand rolling tobacco sent i.e., Richmond Blue, Lambert and Butler and Golden Virginia, were also counterfeit. This was in breach of the Trademarks Act 1994, a breach of which carries a sentence of up to 10 years in prison.
The Trading Standards Officer referenced a report from a Dr Khan in 2020 which reported that illicit trade contributes to tobacco addiction. When sold at a price which doesn’t take into account duty this diminishes the effect of the high costs.
The Sub-Committee noted that illicit cigarettes are more appealing to young people who find them more affordable. Counterfeit cigarettes are also likely to lack the reduced ignition propensity seen in legitimate cigarettes.
The Sub-Committee also heard from Mr Clark from the Home Office Immigration Compliance and Enforcement. He detailed that his team had visited on 4 occasions between December 2022 and October 2023. On 3 of those occasions, the team found 1 male present alone at the premises – there was a different male present on each occasion, but on those occasions, the males, were found to be working illegally.
It is clear to the Sub-Committee that the premises licence holder had complete disregard for the law and the licensing objectives, specifically, the prevention of crime and disorder and the prevention of harm to children and public safety.
The Sub-Committee took into account the guidance at paragraph 11.27 of the statutory guidance: -
‘There is certain criminal activity that may arise in connection with licensed premises which should be treated particularly seriously. These are the use of the licensed premises: -
• for employing a person who is disqualified from that work by reason of their immigration status in the UK;
• for the sale or storage of smuggled tobacco and alcohol’
The guidance adds at paragraph 11.28: -
‘Where reviews arise and the licensing authority determines that the crime prevention objective is being undermined through the premises being used to further crimes, it is expected that revocation of the licence – even in the first instance – should be seriously considered’
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