Meeting documents

There were no apologies for absence.

There were no declarations of interest.

The Chairman introduced the parties and explained the procedure to be followed. The Hearing Regulations 2005 stated that the Authority must allow parties an equal period of time in which to present their evidence. It was agreed that the maximum time for each presentation be ten minutes.

Sergeant S Moore presented the representation on behalf of the Leicestershire Constabulary as detailed within the agenda. He stated that his main concern was that Mrs Modhvadia had not informed the court of her personal licence when she was convicted or informed the Licensing Authority that issued her licence of her conviction. This was a breach of the Licensing Act. Sergeant Moore stated that he was satisfied that the exceptional circumstances of the case were such that the granting of the application would undermine the crime prevention objective.

The applicant's representative presented the application as detailed within the agenda. He stated that the conviction referred to by the Leicestershire Constabulary was heard in Corby Court and was regarding the sale of three bottles of vodka that were not genuine. The applicant's representative presented an example bottle of the vodka for Members to examine.

The applicant's representative stated that Mrs Modhvadia had not realised that she had to inform the Court of her personal licence when she was convicted, this was the reason why she had not declared it.

In response to questions from Members, the applicant's representative stated the following:

- Mrs Modhvadia had not deliberately avoided reporting the conviction to the Licensing Authority, it was a mistake.

- The Counterfeit vodka had been purchased from a gentleman who had approached the shop. The supplier that Mr Modhvadia usually purchased his alcohol from had sold out of vodka, therefore the counterfeit vodka had been purchased to keep the shop stocked over the weekend period. Two crates of six bottles were purchased.

- The gentleman Mr Modhvadia purchased the vodka from was unknown to him and he insisted one of the crates be opened for inspection. The vodka looked genuine and he was even given a receipt with VAT charges included.

- The details of the three sales were given.

Both parties gave a brief closing statement reiterating details given during their representations.

At 7.26pm the Sub Committee adjourned to consider its decision and re-convened at 7.55pm.

The Legal Advisor read out the Members decision, findings of fact and the reasons for the decision.