Agenda and minutes

Councillor Jane Bell replaced Councillor David Wooldridge on the Committee.

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.

There were no declarations of interest.

Report of the Head of Licensing attached

The Panel met to carry out a review hearing in respect of Naaz Indian Restaurant, 1 Club Street, Bamber Bridge, PR5 6FN pursuant to the provisions of Section 52 of the Licensing Act 2003. The application for the review of the premises licence was brought by the Council’s Head of Licensing, Mark Marshall on behalf of the Licensing Authority.

No representations had been received in respect of the application.

The Premises Licence holder and Designated Premises Supervisor Gulshan Miah and his brother Dilshan Miah were in attendance.

Chis Ward, the Licensing Officer took the Panel through the contents of the Committee report and confirmed that all procedural and notice requirements for the Review hearing had been satisfied.

The Head of Licensing, Mark Marshall then explained the reasons why the review of the premises had been brought. The Head of Licensing explained that he had concerns that two of the four Licensing objectives were not being met – namely the prevention of crime and disorder and public safety. Questions were asked by the Panel.

The applicant and his brother both addressed the Panel. They had indicated that they would not open the premises up again until all necessary remedial work had been carried out and all conditions satisfied. Questions were asked by the Panel, the Head of Licensing and the Interim Monitoring Officer.

In reaching its decision the panel took into account the following:

• Both Written and Oral Evidence presented in connection with the hearing

• Licensing Act 2003

• S182 Amended Guidance of the Licensing Act 2003

• South Ribble Borough Council’s - Licensing Policy

The Panel noted that there had been a number of attempts to resolve issues at the premises on an informal basis – without success. It was to be regretted that the commencement of a formal review of the premises was needed to enable a solution to be brought forward to the issues that had been experienced.

The Panel’s decision was to remove those existing conditions set out in Annex 2 of the premises licence and replace them with the following:

1.         A Challenge 25 proof of age policy shall be implemented and adhered to. Any person who looks or appears to be under the age of 25 shall be asked to provide identification that they are over the age of 18. The following are the only forms of identification acceptable:

            i) A recognised proof of age scheme accredited under the British Retail Consortium's Proof of Age Standards Scheme (PASS).

            ii) Photo driving licence

            iii) Passport

            iv) Official ID card issued by HM Forces or European Union bearing a photograph and date of birth of the holder.

            If no suitable identification is provided the sale of alcohol to them will be refused.

2          All staff involved in the sale of alcohol shall receive suitable training in relation to the proof of age scheme to be applied upon the premises. All staff receive regular refresher training at intervals of at least 6 months. Records to  ...  view the full minutes text for item 12.