Agenda and minutes

There were no apologies for absence.

There were no declarations of interest or dispensations.

To submit the Minutes of the meetings of the Licensing Sub-Committee held on 21^st and 29^th April 2016 for approval as correct records.

Recommended                     -   That the Minutes be received and approved as correct records.

The Minutes of the meetings of the Licensing Sub-Committee held on 21^st and 29^th April 2016 were submitted for approval as correct records.

Resolved                               -   That the Minutes be received and approved as correct records.

To advise the Sub-Committee of the Council’s Hearing Procedure to be used in relation to hearings required under the Licensing Act 2003.  The Procedure is attached as Appendix H to the undermentioned application.

Recommended                     -   That the Procedure be noted.

The Licensing Sub-Committee was advised of the Council’s Conduct of Hearings Procedure which was to be used in relation to hearings required under the Licensing Act 2003.  The Procedure was attached as Appendix H to the undermentioned application.

Resolved                               -   That the Procedure be noted.

To advise the Licensing Sub-Committee of two simultaneous applications made under the Licensing Act 2003, as follows:-

(i)         To transfer premise licence to be granted under S42 Licensing Act 2003

(ii)        To vary a premises licence to specify an individual as designated premises supervisor under S37 Licensing Act 2003

The applications relate to the premises EU General Traders Ltd., 38 Whalley Road, Accrington (known as Sklep Euro). 

Recommended                     -   That the Licensing Sub-Committee consider the objection submitted by Lancashire Constabulary and determine whether to grant or refuse:-

                                                   i)       The application to transfer premise licence to be granted under S42 Licensing Act 2003;  and,

                                                   ii)      The application to vary a premises licence to specify an individual as designated premises superfisor under S37 Licensing Act 2003.

In accordance with the Hyndburn Borough Council Policy on the Conduct of Hearings and the Licensing Act 2003 (Hearings) Regulations 2005, the Licensing Sub-Committee was advised of the details of two simultaneous applications made under the Licensing Act 2003.  The applications were as follows:-

(i)         To transfer the premise licence pursuant to Section 42, Licensing Act 2003 to EU General Traders Ltd., 38 Whalley Road, Accrington  -  premises known as Eklep Euro.

(ii)        To vary the premises licence relating to 38 Whalley Road, Accrington to specify another individual as designated premises supervisor pursuant to Section 37, Licensing Act 2003

A report relating to the applications was submitted and the following documents were attached to the report:-

Appendix A     -           Application to Transfer Premise Licence pursuant to
                                    Section 42, Licensing Act 2003

                                    Application to Vary a Premises Licence to Specify an Individual
                                    as Designated Premises Supervisor pursuant to Section 37,
                                    Licensing Act 2003

Appendix B     -           Representation and Additional Material from the Responsible

                                    Authority (Lancashire Constabulary – East Division)

Appendix C     -           Email Sent by Donald Race & Newton, Solicitors

Appendix D     -           Application Submitted by Mr. Mahmood Mudassar

Appendix E     -           Letters Sent by Licensing Manager to Messrs. Azhar Iqbal,

                                    Mahmood Mudassar and Asif Jalil

Appendix F      -           Email Exchange Between Police Sergeant Middleton and a

                                    Council Officer

Appendix G     -           Copy of Existing Licence

Appendix H     -           Copy of the Licensing Authorities ‘Conduct of Hearings
                                    Procedure’

Appendix I       -           Copy of Additional Evidence / Information Received from
                                    Police Sergeant Middleton

The representation and additional material (Appendix B) had been submitted due to the Chief Officer of Police being satisfied that the exceptional circumstances of the case were such that granting the application(s) would undermine the Crime Prevention Licensing Objective.

Police Sergeant Middleton gave evidence in relation to the investigation carried out by the Police / Licensing Authority due to the uncertainty of who Messrs. Mahmood Mudassar and Azhar Iqbal actually were.  The Police were unhappy with the uncertainty of who the holder of the premise licence was and who was authorising the sales of alcohol. 

The Licensing Sub-Committee was requested to determine whether to grant or refuse the two applications, whilst bearing in mind the following facts:-

(a)        The objections and additional information submitted by Lancashire
Constabulary and the evidence given by Police Sergeant Middleton.

(b)        The premises having failed a test purchase operation run by the Police and Lancashire County Council Trading Standards.

(c)        The failure of the Designated Premises Supervisor (Mr. Asif Jalil) to attend a meeting, without explanation, or to respond to phone calls / messages about the test purchase failure.

(d)        The Solicitor’s email suggesting that Mr. Azhar Iqbal had not submitted a previous application to transfer the premises licence to his name.

(e)        The abandonment of an application from Mr. Mahmood Mudassar to transfer the premises licence into his name, due to the uncertainty of who Messrs. Mudassar and Azhar Iqbal actually were.

(f)        In connection with a Police visit to an  ...  view the full minutes text for item 189.