Mr Aftab Rehman representing Scoops Express (Derby) Ltd has plead guilty to one offence of knowingly allowing a licensable activity to be carried out on the premises, contrary to s136(1)(b) of the Licensing Act 2003. The Magistrates ordered the Defendant to pay a fine of £330.00, victim surcharge of £33.00, and to pay our costs in full at £881.80. A collection order was made for the amount of £1247.80, to be paid within 28 days.
Under section 1 of the Act, the provision of late night refreshment, after 11.00pm, is a licensable activity and on 30 September 2016, Licensing and Environmental Health Officers, attended Scoops Express at on Normanton Road and after speaking to the manager present at the time confirmed that the premises was open after 11.00pm.
The owner was telephoned and advised that a licence was needed for late night refreshment and he assured the officers that he would apply at the beginning of week commencing 3 October 2016. On 10 October 2016, as a licence had not been applied for, a letter was sent repeating what had been discussed. This letter also warned not to open the premises after 11.00pm and if premises were found to be open after 11.00pm then prosecution may commence.
On 20 January 2017 between 11.20pm and 11.30pm, a Council Licensing Officer and Derbyshire Police, attended Scoops Express. The enforcement officer went inside the premises whilst the police waited outside in a marked police vehicle with a clear view of the premises. The officer purchased two coffees for £3.50 and also witnessed hot food being prepared, customers eating food and being served with food and food being put out for delivery. This was all completed by five members of staff present wearing t-shirts with Scoops Express logos.
John Tomlinson, Service Director for Communities, Environmental and Regulatory Services said:
” I hope this verdict will serve as a warning to others that anyone caught trading without the correct license will be liable to prosecution.”