Agenda and minutes

Licensing Panel
Tuesday, 27th November, 2018 10.00 am

Venue: Wheel Room, Civic Centre, West Paddock, Leyland, PR25 1DH

Contact: Louise Hawkins  Email: lhawkins@southribble.gov.uk

Items
No. Item

5.

Apologies for absence

Minutes:

No apologies were received.

6.

Declarations of Interests

Members are requested to indicate at this stage in the proceedings any items on the agenda in which they intend to declare an interest. Members are reminded that if the interest is a Disclosable Pecuniary Interest (as defined in the Members’ Code of Conduct) they must leave the room for the whole of that item. If the interest is not a Disclosable Pecuniary Interest, but is such that a member of the public could reasonably regard it as being so significant that it is likely that it would prejudice their judgment of the public interest (as explained in the Code of Conduct) then they may make representations, but then must leave the meeting for the remainder of the item.

 

Minutes:

There were no declarations of interests.

7.

Review of Premises Licence:-Moss Lane Convenience Store pdf icon PDF 97 KB

Report of Legal Services Manager/Interim Monitoring Officer attached.

Additional documents:

Minutes:

The Panel was reconvened following the original meeting on 7 November 2018 to determine the review of an application in respect of Moss Lane Convenience Store, pursuant to the provisions of Section 52 of the Licencing Act 2003.

 

The initial hearing was adjourned as it was not in the public interest to continue the meeting. This was due to the meeting not adhering to its own constitution, in that neither the Chair nor Vice Chair of the committee were available to lead the meeting.

 

The application for review was brought by the Council’s Head of Licensing Mark Marshall on behalf of the Licencing Authority as a Responsible Authority. The review was instigated as the Licencing Authority were of a view that 3 of the 4 licencing objectives had been undermined. These being the prevention of crime and disorder, the protection of children from harm and public safety.

 

The Premises Licence Holder and Designated Premises Supervisor, Ranga Ratnasekera was in attendance and was represented by Paul Douglas.

 

On 4 June 2018 the premises was visited by Licensing to carry out a routine compliance check. Numerous matters were found and communicated to the licence holder. A summary of the problems were;

 

a)    No Proof of Age Training available for Donna Bamber who had been employed at the premises for 1 month,

b)    Unable to maintain/operate the CCTV system (a and b were conditions attached to the licence)

c)    Fire separation issues

d)    Work Place safety problems particularly in relation to flooring and storage areas.

 

Following the original visit the premises were then visited again on the 24 August 2018 in joint partnership with the Home Office and Lancashire Fire and Rescue.

 

The Head of Licensing explained that there was one employee working, Nadeera Kaushika Rupasinghe. Enquiries were made by the Home Office regarding Rupasinghe’s immigration status which revealed he did not have rights to work in the UK. A search of Rupasinghes mobile phone revealed that he had been working for the Premises Licence Holder since December 2017. The licence holder was informed that she would be issued with a civil penalty for employing an illegal worker.

 

A further visit was undertaken on 7 September 2018 as part of a directed test purchase exercise. An underage volunteer was sent into the premises by a Police Constable and was sold alcohol. The seller was Donna Bamber, a staff member the licencing authority had met on the first visit in June 2018.

 

Mr Marshall advised to the Panel that he had visited the premises again on the 10 September 2018. To check if staff training was in place. The Premises Licence Holder was unable to provide any training records, despite having been advised to do so.

 

The Panel then heard representations from Mr Swayne of the Home Office, Immigration Enforcement Section. Mr Swayne explained that they had had concerns that the Premises Licence Holder had employed an illegal worker since December 2017 until the discovery in August 2018. Currently, his immigration status is as  ...  view the full minutes text for item 7.

8.

Review of Premises Licence:- Sangam Balti House pdf icon PDF 111 KB

Report of Legal Services Manager/Interim Monitoring Officer attached.

Additional documents:

Minutes:

The Panel met to review the premises licence for Sangam Balti House, 14-15 Hope Terrace, Lostock Hall pursuant to the provisions of Section 52 of the Licencing Act 2003.

 

The application for review was brought by the Council’s Head of Licensing Mark Marshall following on from a licensing inspection. A number of concerns where discovered at the premises regarding fire safety issues, housing offences and the Health Act 2006 offences.

 

The Premises Licence Holder and Designated Premises Supervisor, Alamin Bhuyian was in attendance and was supported by Councillor Mike Nelson.

 

Mr Marshall highlighted that upon inspection of the premises on the evening of the 24 August 2018, licensing officers found numerous issues in respect of fire safety that included:

 

a)    The fire alarm was inoperable/no evidence of testing

b)    Emergency lighting, no evidence of testing

c)    Defective fire doors compromising the means of escape

d)    Unmaintained firefighting equipment

e)    Obstructions and hazards on the escape route

f)     Fire detection systems defective

 

These issues resulted in a further enforcement notice being issued on the 29 August 2018 by the Lancashire Fire and Rescue for the fire safety issues.

 

The Panel was informed that historically the Fire Service had experienced problems with Sangam Balti House. An enforcement notice was previously issued on the 13 October 2015 following on from a complaint from a member of the public. There was a follow up inspection performed by the Fire Safety Inspector on the 17 November 2015 and the enforcement notice was withdrawn as the majority of the required work had been undertaken.

 

Mr Marshall asked the Panel to note that the Fire Safety Inspector also attended the premises on the 17 January 2017 at the request of the Council. A prohibition notice was served preventing the use of the bedroom for residential accommodation. However, the Licensing visit from the 24 August 2018 discovered that the Premises Licence Holder had not adhered to the prohibition order.

 

The premises was further visited on the 4 September 2018 by licensing officers in order to check the Premises Licence Holder was complying with the terms of his licence. There are 4 conditions within annex 2 on the Premises licence, they are:

 

a)    A challenge 21 policy will be in place.

b)    Regular inspections of the premises will take place.

c)    Ongoing staff training

d)    There shall be a digital CCTV system on the premises to cover the entrance door and restaurant. This will record 31 days digitally. The recordings should be made available to the police upon reasonable request.

 

Mr Marshall provided that the Premises Licence Holder was unable to show compliance of the above licensing conditions. It was explained that given the historical issues in respect of compliance with legal notices. Mr Marshall was of the view that the bad practice at the premises needed to be considered. Previous warnings have not had any effect. It was however noted that since the visit the Premises Licence Holder had installed a CCTV system and the council was provided  ...  view the full minutes text for item 8.