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Witness Statement - Bernadette Forde 12 Aug 09
Witness Statement - Bernadette Forde 12 Aug 09
2 Criminal Procedure Rules r27.1(1); Criminal Justice Act 1967, Section 9; Magistrates’ Courts Act 1980, Section 5B
10 by that authority to investigate offences committed under various statutes, including the Licensing Act
11 2003. On 11th August 2009 at approximately 11.10am I visited ‘Arishan Spark’, 183 Marsh Road, Pinner,
12 Middlesex, HA5 5PB (the ‘Premises’) with my colleague Mr Stuart Fox (SF) to deliver a copy of the
13 application to review the premises licence submitted by the Metropolitan Police and to display the
14 requisite notices at the Premises. On entering the Premises I approached the male member of staff
15 behind the counter and SF and I introduced ourselves and produced our identifications. I asked to see Mr
16 Nagendram, the premises licence holder. The staff member replied that Mr Nagendram was not at the
17 premises. At this time a customer had come to the counter and I stepped aside for the staff member to
18 see to this customer. While waiting I noticed that the customer was purchasing several cans of beer and
19 in my opinion the customer did not look of age to purchase alcohol. The staff member behind the counter
20 served the customer and did not ask the customer to produce any proof of age. When the customer left
21 the Premises, I proceeded to explain to the member of staff that the licensing authority had received an
22 application to review the premises licence from the Metropolitan Police. I showed a copy of the review
23 application and supporting statements to the staff member and explained that due the review application
24 we were required to display notices at the premises advertising the review application. I left the review
25 application with the supporting statements with the staff member and asked that these be passed to Mr
26 Nagendram, the premises licence holder. While SF and I were displaying notices of the review application
27 at the premises, a female customer entered the Premises. As the female entered the Premises she
28 passed by me and there was a strong smell of alcohol from her breath. The female spoke to me but I
29 could not understand what she said as her words were very slurred and not understandable. I watched
30 the female go to the fridge in the Premises where she picked up one can of ‘White Star’ beer and walk
31 back to the counter. The female was staggering and in my opinion appeared to be very intoxicated. SF
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4 Signature Date
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6 Page. 1
7 STATEMENT OF WITNESS continued – Bernadette Forde
8 Criminal Procedure Rules r27.1(1); Criminal Justice Act 1967, Section 9; Magistrates’ Courts Act 1980, Section 5B
9
32 and I had completed displaying the notices. Before leaving the Premises I asked the staff member his
33 name so I could note it in my PACE notebook. The staff member gave his name as Ramesh. When SF
34 and I left the Premises we waited outside to observe if the staff member served the female customer
35 through the window. After several minutes had passed the staff member signalled to SF and I to come
36 back into the Premises. SF and I re-entered the Premises and the staff member stated that he had just
37 spoken to Mr Nagendram on the telephone and he would be calling back to speak with us. SF and I
38 waited in the Premises for Mr Nagendram to telephone and while waiting I witnessed the staff member
39 sell the female customer who appeared to be intoxicated, one can of ‘White Star’ beer. The female
40 customer left the Premises after completing her purchase. I asked the staff member if he thought that lady
41 was intoxicated and he replied yes but she is always that way. I asked the staff member if he thought the
42 female customer was intoxicated why he served her and the staff member replied that normally he does
43 not serve intoxicated persons but this female customer was too much hassle. The telephone then rang
44 and the staff member answered it and passed the telephone to me to speak to Mr Nagendram. I
45 explained to Mr Nagendram who I was and why I was at the Premises. After speaking to Mr Nagendram
46 by telephone, SF and I left the Premises at approximately 11.25am. I am willing to attend court to give
47 evidence.
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11 Signature Date
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13 Page. 2
14 Legal09.DOT version 12/98