Premises Address: Oktoberfest - Kennington Park Kennington Park Road London
Activities/times requested: They seek a time-limited licence ending on the 07/10/13.
Live Music
Saturday 13:00 - 22:00
Sunday 13:00 - 18:00
Thursday and Friday 17:00 - 22:00
Recorded Music
Saturday 12:00 - 22:45
Sunday 12:00 - 19:00
Thursday and Friday 16:00 - 22:45
Supply of Alcohol
Saturday 12:00 - 22:15
Sunday 12:00 - 18:45
Thursday and Friday 16:00 - 22:15
Queries to: licensing@lambeth.gov.uk
Deadline:12 February 2013
Applicant’s name: Lambeth Trading Standards
Licence-holder’s name: Mr Ibrahim Ustun Uzum
Premises address: Millennium - Shop 117 Kennington Road London
Grounds for review:
At 1405 hours Monday 26th October 2009 Test Purchaser Bravo a boy aged 15 years entered Millennium Food and Wine 117 - 119 Kennington Road, London, SE11 6SF a grocery /off licence shop. He selected two 500ml cans of Stella Artois lager 5% alcohol by volume and approached the counter and was served by a man who later identified himself as X. He asked the test purchaser if he was 18 and he replied he was. He then asked him for ID, but was told he did not have any. Mr X told him to bring it next time.
The Test purchaser bought the lager and left the premises, outside he handed the alcohol to Trading Standards. Police and Trading Standards then entered the shop and challenged Mr X over the sale. The Test Purchase was pointed out, the offence of selling alcohol to a person under 18 was pointed out and Mr X was cautioned. He explained he had a lot of problems with anti social behaviour with youths in the shop and two week previously he had had his jaw broken when he challenged youth’s behaviour in the shop (not regarding an under age sale).
Mr X explained he was the Designated Premises Supervisor for the shop and is currently buying the shop from his Uncle. He said that he had worked previously in Enfield where the test purchasers’ have to tell their true age – (that is apparently how he spots under age test purchasers) and was puzzled when under age Lambeth test purchasers said they were 18. It was pointed out to him that if he has doubts about the age of a customer he must see valid ID proving that they are over 18 and that young people will say they are older in order to get alcohol. Mr X was issued with an £80 Fixed Penalty Notice by Police for selling alcohol to a person under 18 years old. He was told he could opt for a Court hearing if he wanted to.
On Wednesday 4th August 2010 an under age volunteer was sent into premises to test whether they would be sold alcohol. Sale refused.
On Saturday 4th August 2012 Trading Standards Officers visited Millennium Food and Wine 117 - 119 Kennington Road, London, SE11 6SF in regards to the Olympic extra cover duty, and spoke to the manager Mr Y The following problems were found;
• Pricing was missing on the confectionary.
• Out of date Nurofen for children were found displayed for sale
• Out of date Bonjela for children were found displayed for sale
The Manager Mr Y was warned that this was very serious and that they must be more careful. He was advised that they must check/rotate their medicines.
On Wednesday 29th August 2012 at 1205 hours, Test Purchaser Mike a boy aged 14 years old entered an off licence/convenience store called Millennium Food and Wine 119 Kennington Road, London SE11 6SF. He selected 4, 500ml cans of Fosters Lager 4% alcohol by volume. He approached the counter where he was served by a man who later identified himself as Mr Z.No questions were asked of the test purchaser who paid, was sold the alcohol, and then left the off licence.
Outside he handed the lager to a Trading Standards Officer, Council Officers then entered the shop, identified themselves and why we were there and challenged Mr Z over the sale. As he was working alone in the shop it was necessary to close the shop for a short while in order to deal with this matter in private and undisturbed by customers entering the shop and wanting service. The test purchase was pointed out; the lager sold to the 14 year old was shown. The offence of selling alcohol to a person under the age of 18 was pointed out and Mr Z was cautioned. He said he was tired (suggesting he was not concentrating) he was quiet and anxious for his boss to be informed, and said he was working at a restaurant nearby. He said the Designated Premises Supervisor responsible for the sale of alcohol was his boss Mr X who was called on the shop phone.
2 open packets of cigarettes were found behind the counter, Mr Z stated they were his and not for sale as single cigarettes. It is illegal to sell cigarettes singly. Pricing was also poor in the shop especially in respect of sweets. Uniform Police attended. Mr X, the DPS attended shortly after and I explained to him that an under age sale had taken place at his shop. He was apologetic.
An examination of the spirits on sale revealed seven 70cl bottles of High Commissioner Scotch whisky on display for sale were in fact duty diverted. This is where spirits made for export (and are duty free) are diverted before reaching the UK exit port. The rear duty free labels are removed and a false label with a fake HMRC duty stamp is then applied to the bottles. These genuine product bottles then appear made for the UK market and also appear duty paid. The bottles were seized, an examination of the store room revealed another 27 duty diverted bottles of High Commissioner Scotch whisky in the upstairs store room, these were also confiscated. Trading Standards Notice no 10052 was issued to Mr X who candidly stated that he had bought those bottles from a man who turned up in a van some time ago. He also said that he has problems with young black men in the area trying to obtain alcohol & cigarettes under age, and that he had suffered a broken jaw some time ago in an attack that followed refusing service. I told him that it was not easy running a shop in Lambeth; however he must not sell age restricted goods to those under age. (The test purchaser was mixed race)
There was no refusal register available, although not required by law is seen as good practise and to have a tangible record of refusing sales where no ID is produced by young looking customers. Mr Z produced a Bulgarian ID card as proof of ID. He was issued an £80 fixed penalty ticket for supplying alcohol to a person under 18. He was told he could opt for a Court hearing if he wanted to.
The Lambeth three strikes policy was explained to Mr X in that if there were three major concerns with an off licence; Lambeth Trading Standards would seriously consider reviewing the alcohol licence which may result in revocation. From memory there was an under age sale some time ago which I will not include (at that stage). However there is now an under age sale and duty diverted goods, so that is two concerns, one more and he will be appearing before the Lambeth Licensing Committee at Lambeth Town Hall. I also told him that a report will be forwarded to HM Revenue and Customs in respect of the duty diverted stock and they may take action against him.
Monday 31st October 2012. An under age volunteer was sent into premises to test whether they would be sold alcohol-Sale refused
Operation Condor. On Friday 7th December 2012 at 2015 hours, Test Purchaser Victor a girl aged 16 years old entered an off licence/convenience store called Millennium Food and Wine 119 Kennington Road, London SE11 6SF. She selected 1; 500ml can of Fosters Lager 4% alcohol by volume. She approached the counter where he was served by a man who later identified himself as Mr W. He asked the Test Purchaser for ID, she said she didn't have it with her, he then told her to 'bring it next time'. He then sold the alcohol, she left the off licence. Outside he handed the lager to a Trading Standards Officer, Council Officers then entered the shop, identified themselves and why we were there and challenged Mr W over the sale. He said the Test Purchaser looked 19 years old. Uniform Police attended
The test purchase was pointed out; the lager sold to the 16 year old was shown. The offence of selling alcohol to a person under the age of 18 was pointed out and Mr W was cautioned. He said that he didn't actually work at the shop and was only looking after the premises for his friend. He said that he had received no training for selling alcohol. It was put to him that as he asked the Test Purchaser for ID, he must have thought that she was or may have been under 18, and having asked for ID and not been shown ID (18+) he should not have sold alcohol. He accepted this.
The Designated Premises Supervisor responsible for the sale of alcohol is Mr X who was working in a restaurant nearby was called and attended shortly after. He was informed of the under age sale. He said that Mr W was his cousin he had asked to look after the shop as his usual worker was not available.
There was no refusal register available, although not required by law is seen as good practise and to have a tangible record of refusing sales where no ID is produced by young looking customers. Mr W produced a DVLA driving licence as proof of ID. He was issued with an £80 fixed penalty ticket for supplying alcohol to a person under 18. He was told he could opt for a Court hearing if he wanted to.
The Lambeth three strikes policy was explained to Mr X in that if there were three major concerns with an off licence; Lambeth Trading Standards would seriously consider reviewing the alcohol licence which may result in revocation. From memory there was a previous under age sale as well as a large seizure of duty diverted alcohol, therefore this was the shops' third strike and he should expect to be reviewed.
Please direct any queries in respect of this application to the following case officer:
Queries to: licensing@lambeth.gov.uk
Deadline: 21 February 2013
See both original applications here.
Read our guide to licensing here.
No comments:
Post a Comment