Agenda and draft minutes

ADJOURNED from 30 October 2018, Licensing Sub-Committee
Friday 16th November 2018 1.30 pm

Venue: Council Chamber. Maldon District Council Offices, Princes Road, Maldon. View directions

Contact: Committee Services 

Items
No. Item

1.

To appoint a Chairman for hearing

Minutes:

RESOLVED that Councillor S J Savage be appointed Chairman for the meeting.

 

IN THE CHAIR: COUNCILLOR S J SAVAGE

 

2.

Apologies for Absence

Minutes:

There were none.

3.

Disclosure of Interest

To disclose the existence and nature of any Disclosable Pecuniary Interests, other Pecuniary Interest or Non-Pecuniary Interests relating to items of business on the agenda having regard to paragraphs 6-8 inclusive of the Code of Conduct for Members.

 

(Members are reminded that they are also required to disclose any such interests as soon as they become aware should the need arise throughout the meeting.)

Minutes:

There were none.

4.

Licensing Act 2003 - Application to review Premises Licence - Zara's Indian Cuisine, Steeple Road, Mayland, Southminster, CM3 6EG pdf icon PDF 116 KB

To consider the report of the Director of Service Delivery, (copy enclosed).

Additional documents:

Minutes:

The Chairman sought confirmation that all those present were in possession of and had read the report of the Director of Service Delivery along with appendices A – D.  At this point reference was made to a letter submitted by Labrums Solicitors on behalf of Mr Kasim which had been circulated to Members’ prior to the meeting.  Introductions were then made.

 

The Licensing Lead Officer outlined the application for the review the Premises Licence for Zara’s Indian Cuisine, Steeple Road, Mayland, Southmisnter, CM3 6EG by Essex Police on the grounds of one of the licensing objectives, namely the prevention of crime and disorder.  The Officer reminded Members’ that it was not possible to enforce a transfer of a premises licence.

 

The Chairman invited Mr Nigel Dermott, Licensing Officer for Essex Police, to make his opening statement. 

 

Mr Dermott took the Committee through his submitted statement and referred to a number of intelligence items which were detailed in the application for review as submitted by the Police.  He advised that the Premises Licence Holder had failed to support the licensing objectives, namely the prevention of crime and disorder relating to uncontested matters regarding the employment of illegal workers.  Mr Dermott explained that the employment of illegal workers was considered by Essex Police to be a serious crime, making reference to Section 182 to the Licensing Act 2003 and how in the Police’s view revocation of the licence was the only outcome.  Mr Dermott explained that should Members be minded to not revoke the licence there were a number of policies and procedures the Police would request that the Committee put in place to ensure that this did not reoccur.

 

In response to a question from the Chairman, those parties present confirmed that they would not be calling any witnesses.

 

The Chairman then invited the applicant’s legal representative, Miss Oliver to make her opening statement to the Committee.  Miss Oliver provided the Committee with some background information regarding Mr Kasim and the license for this premises. 

 

At this point further documentation was circulating including information on Zara’s Indian Cuisine from Companies House.

 

Miss Oliver continued her presentation of the case setting out a great deal of detail regarding the current arrangements in relation to the premises and Mr Kassim in his role as Premises Licence Holder.  Members were advised of the difficult to identify suitable tenants for the premises and the need to preserve the premises which were a benefit to the local community.  Miss Oliver provided detail of and encouraged the Committee to consider adding a further condition to the licence which in her view would effectively suspend the operation of the licence until a new leaseholder could be found.

 

Mr Quelch, the Council’s legal advisor, raised a question through the Chairman  regarding the additional condition suggested by Miss Oliver and sought clarification on the wording and to whom it would relate.  Miss Oliver gave further clarification that the condition proposed that a number of individuals would not have any further  ...  view the full minutes text for item 4.

5.

Adjournment of the meeting

Minutes:

RESOLVED that the meeting be adjourned at 2:36pm.

6.

Resumption in Open Session

Minutes:

RESOLVED that the meeting resumes in open session at 3:15pm.

7.

Continued - Licensing Act 2003: Application to Review Premises License - Zara's Indian Cuisine, Steeple Road, Mayland, Southminster, CM3 6EG

Minutes:

The Chairman advised that having heard the submissions from both parties and having particular regard to the licensing objective for the prevention of crime and disorder we hereby determine that the application for the review of a Premises Licence by the Police is granted and the licence is revoked.  The Chairman then outlined the reason behind the Committee’s decision, as follows:

 

Mr Abdul Kasim is still in charge and he has failed in his responsibilities as Licence Holder to comply with the licensing objective of prevention of crime and disorder, in allowing three persons to be employed contrary to the UK Immigration legislation.  The Committee accepted the Police submission that offences were committed in relation to the three disqualified workers.  As cited in 11.27 of the revised guidance issued under Section 182 of the Licensing Act 2003 (April 2017) should be treated particularly seriously.

 

The Chairman continued advising that 11.28 of the same Act encouraged the revocation of the licence even when this was the first occasion of such offences being committed in relation to these premises.  The Committee had considered Miss Oliver’s alternatives but did not consider they took sufficient account of the seriousness of these offences.

 

RESOLVED that the premises licence for Zara’s Indian Cuisine, Steeple Road, Mayland, Southminster, CM3 6EG be revoked.

 

 

The Chairman thanked those for attending and advised that a formal decision would be notified to all interested parties.