Agenda and minutes
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Declarations of Any Interests
Members are reminded of their responsibility to declare any pecuniary interest in respect of matters contained in this agenda.
If you have a pecuniary interest you must withdraw from the meeting. Normally you should leave the room before the business starts to be discussed. You do, however, have the same right to speak as a member of the public and may remain in the room to enable you to exercise that right and then leave immediately. In either case you must not seek to improperly influence a decision on the matter.
There were none.
General procedure points and hearing procedure for the meeting.
Members noted the procedure to be used to conduct the hearing.
To receive and consider the report of the Director of Planning and Development.
The Licensing Act 2003 Sub-Committee considered what measures, if any, were appropriate for the promotion of the licensing objectives following an application for a review of the premises licence under Section 51 of the Licensing Act 2003 by Mr Nathan Howson for and on behalf of the Licensing Authority, acting in their role as a Responsible Authority.
Mr Howson (Applicant representing the Licensing Authority) attended in person as did Immigration Officer, Mr Paul Lewin, and the Premises Licence Holder and Designated Premises Supervisor (DPS), Mr Fayzul Islam, to make their representations to the Sub-Committee.
Members were informed that the premises were initially visited following intelligence received by Immigration Enforcement that an individual was working illegally at the business. This was found to be the case.
An update on the immigration case was provided and members were informed that the overstayer was arrested on the evening of the visit and is currently on immigration bail whilst awaiting appeal against deportation. A civil penalty is outstanding on the business.
The DPS was not present during this visit and was said to be absent due to illness. Following further enquiries, it was accepted that Mr Islam was in Bangladesh and could not return due to lockdown restrictions.
During this visit, the Licensing Team Leader (Enforcement) also identified a number of issues including the failure to display the premises licence and notice required by Section 57 of the Licensing Act 2003; Challenge 25 signage not being displayed; no record of staff training; and a lack of knowledge around licensing conditions and objectives.
The Sub-Committee was also advised that a further visit to the premises was undertaken on 5 July 2021 at which time the issues had not been rectified.
In accordance with the hearing procedure, Mr Islam was given the opportunity to make representations to the sub-committee and to ask questions of Mr Howson and Mr Lewin.
Mr Islam explained that he was unaware that the overstayer had been hired whilst he was in Bangladesh and maintained that the responsibility for hiring staff was within the remit of the Director of Noy Bhair Restaurant Ltd., Mr Rezwan Hussain.
No arrangements had been made to transfer the premises licence and vary the DPS, despite the restaurant manager having received advice on this from the Licensing Authority in February 2021. Mr Islam informed the sub-committee that he was of the belief that it was sufficient for a different individual with a personal licence to be at the restaurant whilst he was out of the country.
In response to a question from Mr Howson regarding the specific actions taken by Mr Islam to ensure there was appropriate DPS cover in place at the premises during his absence, Mr Islam advised that he had informed his Director, Mr Hussain, of his trip and that Mr Hussain had reassured him that Mr Abdul Malique would take over. Members noted, however, that this account conflicted with Mr Malique’s statement on the evening of the initial visit that he had ... view the full minutes text for item 20.10