COUNCIL GETS TOUGH ON UNDERAGE CIGARETTE SALES
An Islington newsagent has been fined £200 and ordered to pay £324 costs for selling cigarettes to children following a prosecution brought by Islington Council.
Mrs Kirti Patel, 44, of Lees Newsagents, 22 Highbury Park, N5 pleaded guilty to the offence, which was brought under the Children and Young Persons Act, on 24 October 2006.
The prosecution followed complaints made to Islington Trading Standards concerning school children in uniform buying cigarettes at the shop and smoking outside. During a subsequent test purchase operation by Trading Standards Officers a 13 year-old was sold cigarettes in the shop.
Cllr George Allan, Executive Member for Customer Focus, Islington Council said; "Stopping young people from smoking is very important.
"This prosecution sends out a clear message to local businesses that selling cigarettes to under 16s will not be tolerated."
OPEN HATCH LANDS RESTAURANT IN THE SOUP
The owners of Le Rendezvous restaurant at 121 Charterhouse Street, EC1 have been fined £1,000 (with £4,600 costs) in a case brought by Islington Council on 25 October 2006 at Highbury Magistrates Court.
Café Du Marche LLP pleaded guilty to a charge brought under the Health and Safety at Work Act 1974 for failing to ensure customers were not exposed to unnecessary risks.
On 28 September 2005, a customer was leaving the restaurant during the late evening and fell six feet into an open cellar hatch, just outside the main entrance door. The customer was lucky to escape any major injuries.
Staff members had been bringing rubbish up from the cellar at the time and the hatch opening had been left unattended and unguarded. This particular activity had not been subject to a written risk assessment at the time, despite the company employing a health and safety consultant.
Cllr George Allan, Executive Member for Customer Focus, Islington Council commented; "As a local authority, we have a responsibility to protect people from unnecessary danger.
The company could have avoided storing rubbish in the cellar and removing it through the open hatch. This practice has now ceased.
This case shows how much importance the council and the law courts place on local businesses operating to the highest levels of health and safety."
COUNCIL REFUSES LATE LICENCE
Islington Council has successfully defended a decision made to refuse a late licence application for Murphis (formerly Zyrus) of 102-108 Clerkenwell Road, London EC1 at Highbury Corner Magistrates Court.
On 5 June 2006 Islington Council's Licensing Committee refused an application to extend the restaurant bar's alcohol sales from 1am to 4am (and for dancing from 1am to 5am) on Fridays and Saturdays. Eight local residents and one local business objected to the application. Islington refused to grant the variation, citing "significant concerns relating to the management of the premises" as one of the reasons for the decision.
During the hearing on 23 October 2006 the court heard that council officers had recently visited the premises and witnessed a number of breaches to the licence. One fire exit was found locked while another was blocked and sound limiting equipment had been removed without council approval.
In passing the judgement (Rosefield Entertainment Limited vs London Borough of Islington) the Divisional District Judge cited a previous failed appeal by the same applicant on the grounds of management and noise issues. In this case it was found that there was still "a very low standard of management of these premises".
Cllr George Allan, Executive Member for Customer Focus said:
"We have to take into account local objections when determining licensing applications through committee."
"In this case the judge agreed with the council and residents that us there were management problems which were unlikely to be resolved by the imposing licensing conditions."
The council has been awarded full costs of £2244.48.
Editors notes:
The Government is currently consulting with interested parties on the possibility of raising the age at which cigarettes can be bought. The most likely proposal is that the age will be raised from 16 to 18.
There are also plans to introduce a negative licensing system. A negative licensing system is one which would stop businesses from selling all cigarettes if there were ongoing problems with cigarette sales.
Page Last Updated: 29 July 2008