Agenda item

Licence Number:32UHB15005

Hearing Type: Review of a Premises Licence

Applicant: Lincolnshire Police

Premises: “Polish Deli” 128 Trinity Street, Gainsborough, Lincolnshire DN21 1JD

Premises Licence Holder: Mrs Joanna Mielczarek

Licence Number: 32UHB15005

Hearing Type: Review of a Premises Licence

Applicant: Lincolnshire Police

Premises: “Polish Deli” 128 Trinity Street, Gainsborough, Lincolnshire DN21 1JD

Premises Licence Holder: Mrs Joanna Mielczarek

The Chairman, through the Licensing Team Manager, confirmed that all parties had been given notice to attend the Hearing, and advised that the Hearing would proceed in their absence.   It was noted that the License Holder had failed to acknowledge any recent correspondence however all previous known addresses had been used in an attempt to contact her.

The Council’s Legal representative set out the procedure that would be followed, as detailed in Appendix A to the Agenda.

The Licensing Team Manager was requested to present the report which set out the background leading to the application for review, namely a failure to uphold the licensing objectives of “the prevention of crime and disorder” and “public safety” by exposingand keepingcontraband alcoholfor saleat thepremise, failingto producea premises licenceand failingto complywith conditions withinthe premiselicence.

Appended to the report were the application for review including further details of the grounds on which it was being made; premises licence; and witness statements from the police.

The options available for the Sub-Committee were set out in paragraph 6.2 of the report.

The Licensing Manager at the request of the Sub-Committee confirmed that an application had been made to transfer the licence, however this had not been completed correctly, returned to Mrs Mielczarek and nothing further received.  Therefore she was still the responsible licence holder, although did not appear to have had any day to day dealings with the business since late 2016.

Lincolnshire Police, the Applicant, were invited to present their case, calling any witnesses in support of their case.

They indicated they had nothing further to add to their Case, which had been made during the earlier Hearing, other than despite attempts to contact Mrs Mielczarek regarding issues at the premises nothing had been forthcoming.

The Sub-Committee asked not questions

The Licensee was not present and therefore did not present her case or ask any questions of the Police.

In summary up, Lincolnshire Police expressed grave concerns that in light of the issues, despite Mrs Mielczarek having not being present, ultimately all the responsibility had sat with her as the Licence Holder and she had not acted in manner that could be regarded as fit and proper.

The Legal Advisor indicated that there were no matters which she needed to clarify.

The Sub-Committee then retired to consider their decision.  The meeting was therefore adjourned at 12.25 pm.

The meeting reconvened at 12.40 pm.

The Chairman then read out the sub-committee’s decision and the reasons for reaching said decision.

“We have considered everything put before us today.

The evidence from Lincolnshire Police shows that there was counterfeit goods stored on the premises in contravention of the licensing objectives.

The Licence holder and DPS was not present at the hearing but while the premises were being operated by Mr Zydrunas Gaubys the licence holder was still Mrs Joanna Mielczarek, following an unsuccessful attempt to transfer the licence.

In accordance with guidance, where certain criminal activity has been carried out at the premises we should consider revocation of the licence in the first instance.

We therefore revoke the licence for 128 Trinity Street Gainsborough”

The Chairman advised that all parties would be notified of the decision in writing within five working days of today’s hearing and reminded those present of the right to appeal to the Magistrates’ Court within 21 days of receiving such notice.

The Hearing for 128 Trinity Street concluded at 12.42pm