To receive additional items that the Chair is of the opinion should be considered as a matter of urgency, in accordance with Section 100B (4) (b) of the Local Government Act 1972.

There were no items of urgent business.

No interests were declared.

The Chair of the Sub-Committee advised all present of the process of the hearing. The Chair then invited the licensing officer to introduce the report as outlined within the agenda on pages 1 – 29.

Members, trading standards, and the license holder were provided with the chance to ask questions of the licensing officers. There were none.

Trading standards then presented their case to the committee and explained that nicotine vapes were sold to under 16 volunteers.

Members, licensing officers, and the license holder were provided the chance to ask questions of trading standards. There were none from the licensing officers, nor from the license holder and his representative.

During questions from members, Councillor Green asked if any changes had been made between 2022 and 2023 during under 25 challenge test purchases. October 2022 would have been a routine check and a joint visit with licence officers took place to offer advice. The 2023 test purchase was a follow up.

Councillor Green further asked if trading standards had concerns if underage selling had been taking place. Yes, there were concerns.

The Chair (Councillor Kent) asked how long apart the tests need to be. Depends on workload.

The Licence holder was then given the opportunity to present his case, during which members heard the circumstances behind the review of the premises licence and that the employee no longer works at the premise.

Members, trading standards and the licensing officers were provided with the chance to ask questions of the licence holder and his representatives. There were none from the licensing officers.

During questions from members, Councillor Green noted that two test purchases have failed and sort an explanation. The employee no longer works at the premise and the representative believes that these were isolated events. All employees are well trained.

Trading standards asked why the standard issued council refusal book wasn’t used in either of the test and sort reassurance that the refusal book would be used, and employees trained properly. A refusal book is being used, staff is trained and reminded to use the refusal book.

The licencing officers summarised their case.

Trading standards summarised their case.

The license holder and representative summarised their case.

The Sub-Committee retired for deliberation at 19:23pm

The Sub-Committee returned at 19:30pm

The legal advisor reads out the Sub-Committee decision.

RESOLVED:

That the Sub-Committee held to grant the variation sought to include the additional conditions.

The meeting of the sub-committee is paused to allow for the next item at 19:31pm.

The meeting of the sub-committee resumed at 19:33pm.

The Chair of the Sub-Committee advised all present of the process of the hearing. The Chair then invited the Licensing Officer to introduce the report as outlined within the agenda on pages 30 – 67.

Members, trading standards, and the license holder were provided with the chance to ask questions of the licensing officers. There were none from trading standards or the license holder.

During questions from members, Councillor Green wanted it confirmed that the licence holder had changed during the process. Application is in a 14-day consultation period and Essex Police have no objection to the transfer.

Trading standards then presented their case to the committee and explained that the nicotine vapes were sold to under 16 volunteers and three complaints received from the public.

Members, licensing officers, and the license holder were provided the chance to ask questions of trading standards. There were none.

The licence holder was then given the opportunity to present his case, during which members heard the circumstances behind the review of the premises licence. Employee training was undertaken on the 5^th December 2023.

Members, trading standards and the licensing officers were provided with the chance to ask questions of the licence holder and his representatives. There were none from licensing officers,

During questions from members, Councillor Green inquired why complaints from the public were received and what would change. Reason was not known, but assured members it would not happen again.

Trading standards asked why employees at the premise were not trained. License holder wasn’t strict enough.

Trading standards asked if the licence holder discussed underaged sales and criminality around those sales. Employees told they would be committing criminal offenses and have been told to ID people who look under 25-year-olds.

The licencing officers summarised their case.

Trading standards summarised their case.

The license holder’s representative summarised their case.

The Sub-Committee retired for deliberation at 19:54pm

The Sub-Committee returned at 20:10pm

The legal advisor reads out the Sub-Committee decision.

RESOLVED:

That the Sub-Committee held to grant the variation sought to include the additional conditions.