Agenda and minutes

Councillor Julie Bird was appointed chair.

There were no declaration of interests.

Purpose

The purpose of this report is for the committee to consider the application by the Chief Officer of Police, Hampshire Constabulary for the review of a premises licence for Ken's Kebab House, 35 Guildhall Walk under Section 51 of the Licensing Act 2003 ("the Act").

Recommendation

The committee is requested to determine the application.

The next application has been timed to be heard at 11.30am, or at the conclusion of the above item.

The chair, Councillor Julie Bird, explained to all present the fire evacuation procedures including where to assemble and how to evacuate the building in case of a fire. Introductions were then made.

The applicant, representing the Chief Officer of Police, PC Pete Rackham was in attendance.

Mr Jon Wallsgrove, solicitor representing Mr Naseem Ahmed, the premises licence holder was also in attendance.

The Principal Licensing Officer introduced his report and explained that a date has been set in February for the hearing in court as per the council prosecution of Mr Naseem Ahmed for five counts of carrying on a licensable activity on premises otherwise than under and in accordance with an authorisation.

PC Rackham introduced the application and explained that the reference to CCTV on page 16 of the report has now been viewed by the Principal Licensing Officer and written a synopsis for the court hearing. This was available for members should they wish to view it. PC Rackham referred to page 53 of the report, Mr Ahmed's response and explained that Mr Ahmed has been operating premises since 1990, he is a man with a wealth of experience in this field. With regards to the unauthorised opening of the premises in November, it was noted that the two adjacent venues to Ken's Kebab House had Temporary Event Notices ("TENs") for 'freshers week' and so Mr Ahmed had decided to also open later despite the fact that he did not have a TENs. Therefore on that basis the Police requested revocation of the late night refreshment as the premises close at 11pm.

PC Rackham continued to explain that there have been issues with the Commercial Road premises but after speaking with Mr Ahmed he responded and adjusted his SIA duties. Mr Ahmed does listen and respond but because he employs management in his premises they appear to do the bare minimum. The Police do work closely with Lyberry and Astoria (the two adjacent premises to Ken's Kebab House) and both premises have stringent conditions on their licences. Mr Ahmed does not sell alcohol but his premises is in Guildhall Walk and operates to attract people in drink. There are many things which Mr Ahmed could do much better at his premises.

With regards to the incident on 6^th November 2016, the door staff witnessed someone being assaulted. They did everything as they should in such an incident and detained the offender until the Police arrived. When the SIA staff working at Ken's Kebab House saw who the offender was he tried to intervene and get him released as he was a friend of his. It was understood that this SIA staff is no longer working at Ken's Kebab House. It was also noted on this date that the premises was still fully operational selling hot food and drink and attracting customers at 03.23 hours, when the premises are supposed to close at 3am and not allow any further entry. As a result CCTV  ...  view the full minutes text for item 3.

Purpose

The purpose of this report is for the Sub-committee to consider an application for the variation of a premises licence under the Licensing Act 2003 ("the Act"). The matter has been referred to the Sub-committee for determination following formal representations being made by responsible authorities namely the Chief Officer of Police and the Licensing Authority.

Recommendation

The sub-committee is requested to determine the matter.

Mr Phil Cryer, solicitor representing the premises licence holder and Mrs Minoo Sefidan, the PLH were in attendance.

The 'Responsible Authorities only' hearing procedure was followed.

The Principal Licensing Officer introduced the report.

Decision: the application for the variation of a premises licence was refused for the reasons listed below.

Reasons: The Committee heard the representations of the applicants, the relevant Responsible Authorities and considered all the papers put before them along with the annexes attached to each document.

The Committee is aware that the premises is located within an area of Special Policy and that when having regard to applications for licence grant or variation that the starting position is that any grant or variation which is likely to add to the existing cumulative impact will normally be refused or made subject to certain limitations unless and it is acknowledged that it is the applicant's burden to show, that the applicant can demonstrate that there will be no negative cumulative impact upon one or more of the licensing objectives.

The Responsible Authorities (Police and Licensing) assert that there are no proposed appropriate measures offered by the applicants' are sufficient to negate any cumulative impact upon the licensing objectives of: crime and disorder, prevention of public nuisance.

The Committee look to all the Responsible Authorities but mainly the Police for guidance and assistance in determining the effect a licensing activity in terms of all the licensing objectives, but principally in terms of the Police, prevention of crime and disorder - the Committee should, but are not obliged to accept all reasonable and proportionate representations made by the Police. The Committee take a similar view with respect to the representations made by the Licensing Manager.

The above stated the Committee have balanced within their consideration all representations made by the applicants through her advocate and by way of comments made by the current licensee/applicant. In considering the application the Committee is mindful of the following and considered that having heard all matters today could conclude that the following facts have been established:

1.  That the area within the premise is situated is one of special policy and that it is clear that the advices as to mitigation of the presumed increase with respect to cumulated impact as suggested in the letter from the Police dated the 5^th December 2016 have not been considered or dealt with, appropriately to assuade concerns and risk.

2.  The Committee has not heard any (or appropriate) representations that would enable this Committee to conclude that this application within a special policy area is not likely to add to the existing cumulative impact.

3.  The Committee having considered the Guidance (section 182) is aware that the burden to show no increase in cumulative impact rests upon the applicant and that this burden has not been shifted, to the satisfaction of this Committee.

4.  It is accepted that the applicant has worked well with the Responsible Authorities and runs a successful business but that there is a  ...  view the full minutes text for item 4.

RECOMMENDED that the following motion be adopted:

"under the provisions of Section 100A of the Local Government Act 1972 as amended by the Local Government (Access to Information) Act 1985, the press and public be excluded for the consideration of the following item on the grounds that the report contains information defined as exempt in Part 1 of Schedule 12A to the Local Government Act 1972."

Agenda item and paragraph numbers:

Item 5 - Local Government (Miscellaneous Provisions) Act 1976 and/or Town Police Clauses Act 1847 - Consideration of Private Hire Driver Licence - Mr T

(under exemption paragraph numbers 1, 2 & 3)

Exemption paragraph numbers 1, 2 & 3:

1.    Information relating to any individual

2.    Information that is likely to reveal the identity of an individual

3.    Information relating to the financial or business affairs of any particular person (including the authority holding that information).

RESOLVED that the following motion be adopted:

"under the provisions of Section 100A of the Local Government Act 1972 as amended by the Local Government (Access to Information) Act 1985, the press and public be excluded for the consideration of the following item on the grounds that the report contains information defined as exempt in Part 1 of Schedule 12A to the Local Government Act 1972."

Agenda items and paragraph numbers:

Item 6 - Local Government (Miscellaneous Provisions) Act 1976 and/or Town Police Clauses Act 1847 - Consideration of Private Hire Driver Licence - Mr T

(under exemption paragraph numbers 1, 2 & 3)

Exemption paragraph numbers 1, 2 & 3:

1.    Information relating to an individual

2.    Information that is likely to reveal the identity of an individual

3.    Information relating to financial or business affairs of any particular person (including the authority holding that information).

An exempt report has been circulated to the members of the Sub-committee only.

RECOMMENDED that the Sub-committee determine the matter.

It was agreed between Mr T and the Committee that this item be adjourned.