The Licensing (2003 Act) Sub-Committee of Newham Council met on Tuesday 22 November 2011. The primary item on the agenda was a review of the premises licence for Shelly Wines, located at 319 High Street North, E12.

Review of Shelly Wines Premises Licence

The meeting was scheduled to consider a review of the premises licence for Shelly Wines, located at 319 High Street North, Manor Park, E12 6PQ. The review application was submitted by the Metropolitan Police Licensing Team, citing concerns related to the licensing objective of the prevention of crime and disorder.

The grounds for the review were based on allegations of the premises selling alcohol after hours on three separate occasions:

• On 28 August 2011, at 00:45, the Premises Licence Holder (PLH) reportedly sold alcohol after hours to a test purchaser.
• On 17 September 2011, at 23:20, the PLH allegedly sold alcohol after hours to a test purchaser.
• On 23 September 2011, at 23:20, the Designated Premises Supervisor (DPS) is reported to have sold alcohol after hours to a test purchaser.

The report pack indicated that during an interview following the first incident, the DPS stated an intention to continue serving after hours, citing other shops remaining open. The report noted that There are no Conditions that can be imposed that will deal with the fact that the DPS for the venue blatantly fails to comply with the most basic of Conditions; to close on time.

The Council's Trading Standards Team also made representations in support of the review, focusing on the prevention of crime and disorder. Their statement detailed a visit on 19 October 2011 where a quantity of duty-evaded alcohol was discovered, including bottles with counterfeit duty stamps or double labelling. This was seen as a disregard for the licensing objective.

The report pack included historical information regarding the premises' licence. It noted that the premises had a licence under the old Justices Act, which was converted under the Licensing Act 2003 on 26 July 2005. A previous application to vary the licence in January 2008 was refused by a sub-committee on the grounds of crime and disorder and the protection of children from harm.

The Licensing (2003 Act) Sub-Committee was asked to hear the review application, consider representations from the licence holder, and any other valid representations from responsible authorities and interested parties, before determining the application.

The meeting also included a procedural item regarding declarations of interest. The procedure note for the Licensing Committee (2003 Act) and its Sub-Committees was also provided, outlining the process for hearings, the rights of interested parties and responsible authorities, and guidance for councillors on declaring interests. This procedure note is designed to ensure that the Committee acts reasonably, openly, and fairly in dealing with licensing matters, in line with the Human Rights Act and recommendations from the Nolan Committee on Standards of Conduct in Local Government.