Agenda and draft minutes

Licensing Panel
Wednesday, 29th May, 2019 2.00 pm

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

Contact: Coral Astbury  Email: castbury@southribble.gov.uk

Items
No. Item

1.

Apologies for absence

Minutes:

None.

2.

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:

A declaration of interest was made by the Chair, Councillor Ken Jones, as the premises under review fell within his ward.

 

As a result the meeting was adjourned for a short period to allow the Vice Chair, Councillor Renee Blow, to attend the meeting in the Chair’s place.

3.

Review of Premises Licence:- Turkish Delight pdf icon PDF 112 KB

Report of the Interim Monitoring Officer/Legal Services Manager attached.

Additional documents:

Minutes:

The Panel met to determine a review application in respect of Turkish Delight, pursuant to the provisions of Section 52 of the Licensing Act 2003. The application for review had been brought by the Council’s Head of Licensing on behalf of the Licensing Authority as a Responsible Authority.

 

The Premises Licence Holder (PLH) Abdoolah Hidari and his son, Farhad Hidari were also in attendance.

 

Mr Chris Ward, Licensing Officer presented the Committee report and confirmed that all notice and procedural requirements had been adhered to. The PLH confirmed that all evidence had been received in advance of the meeting.

 

The review had been instigated by the Licensing Authority on the basis that they were of the view that the licensing objectives had been undermined, in that licensing conditions were not being adhered to and potentially employment of an individual with no rights to work in the UK.

 

On 18 January 2019 a suspension letter was served at the premises for non-payment of the Annual Renewal Fee (ARF). Once a suspension is served the licence becomes void or invalid rendering any licensable activity an offence under the Licensing Act 2003. The following day, 19 January hot food was sold after 11pm so Officers entered the premises to establish who was carrying on the activity.

 

Mr Marshall explained that he found three individuals on the premises.   No-one took responsibility for the premises.  Male 1 gave his details as Abdoolah Hodari and when questioned if he had received the suspension letter replied that he had not as he had been on holiday.  Male 2 details were sought and his language skills were very poor and all that could be established was that he was a Syrian refugee.  He was asked for his identity card which he could not provide and when asked about his rights to work in the UK, he stated that he did have those rights.  As the details of Male 2 were being established, Male 3 appeared from the back of the premises with a pizza box in his hand.  He was a British born Asian male who began to cause a conflict between staff and Officers.  He provided that he was not a worker and merely visiting the premises.  His identity was not established.  Male 1 was asked to contact the owner.  After being on the premises for approximately 30 minutes the owner of the business arrived. 

 

The male who presented himself as the owner was Abdoolah Hidari who claimed he had owned the premises for almost 1 year and was unaware of the suspension and unaware he had to transfer the licence into his name. According to Council records, we had a Zayer Naseri as the licence holder.  He was asked to provide the details of the staff. Male 1 provided his name as Talib Nori, Male 2 wrote his name down as Mohamad Ahmad Gamal with a dob of 1/9/99 and Mr Hidari wrote their details on a piece of paper which was handed to Mr  ...  view the full minutes text for item 3.