Agenda item

Report of Legal Services Manager/Interim Monitoring Officer attached.

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a follow up inspection performed by the Fire Safety Inspector on the 17 November 2015 and the enforcement notice was withdrawn as the majority of the required work had been undertaken.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 with photos and the invoice.

The Premises Licence Holder was then invited to present his case. Councillor Nelson on behalf of the Premises Licence Holder provided assurances to the Panel that the Premises Licence Holder now acknowledges the issues at the premises and was now fully compliant in respect of licencing conditions and the enforcement notice served on him by the Lancashire Fire and Rescue Service in August 2018.

Councillor Nelson also explained to the panel that there was some mitigating factors in respect of ill health in his family, namely his mother and wife. However, the Premises Licence Holder accepted that this was not a valid excuse for the non-compliance with legal notices.

Members enquired about how many workers the Premises Licence Holder had working for him and what measures were now in place. The Premises Licence Holder confirmed that he had a number of workers and that they all know where the fire extinguishers are and the fire evacuation point. He also provided that if he was not on site he had a manager and another worker who are fully aware of all the licensing requirements.

Mr Marshall provided to the panel that he believed revoking the licence would be too harsh in the circumstances. However, it was suggested that some kind of action was required to deter the Premises Licence Holder from going back to bad practice. Councillor Nelson on behalf of the Premises Licence Holder, also expressed his view that revocation was unnecessary and that although suspension is a meaningful deterrent for future he asked for it not to be over the Christmas period.

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

1.    Both written and oral evidence presented in connection with the hearing

2.    The Licencing Act 2003

3.    S182 Revised Guidance of the Licencing Act 2003

4.    South Ribble Borough Council – Licencing Policy

The Panel noted that the issues at the premises had undermined licensing objectives, namely the prevention of crime and disorder and public safety. The Panel also considered the steps it could take to address the undermining of the licensing objectives. It was noted that there was a training need for the Premises Licence Holder as he had inherited his licence through grandfather rights and the Premises Licence Holder didn’t understand the importance of certain licencing conditions.

The Panel, in the circumstances, decided not to revoke the Premises Licence Holder licence. However, they were of the view that a suspension was justified as an appropriate and proportionate response to the promoting of licencing objectives.

Resolved (Unanimously):

That the decision is as follows:

a)    To suspend the premises licence for a period of 28 days

b)    To remove the existing conditions in Annex 2 and replace them with the following:-

i) The premises shall operate and maintain a CCTV system which shall be in use during all times licensable activities are taking place and comply with the following criteria:

a) The system shall cover all entrances and exits of the premises, all external areas, and any areas of the premises used to store alcohol;
b) The focus of the cameras shall be so as to enable clear identification of persons on the premises;
c) The system will be capable of time and date stamping recordings and retaining said recordings for at least 28 days;
d) The Data Controller shall make footage available to a Police Officer or other authorised officer where such a request is made in accordance with the Data Protection Act or any subsequent or alternative legislation;

ii) The Premises Licence Holder to attend refresher training – a BIIA Level 2 course with a recognised provider within 3 months.

iii) Regular staff training on fire safety and first aid to be provided by a recognised provider. Initial training should take place within 3 months. Training records to be documented and available for inspection on request to Licensing Officers.

iv) A challenge 25 policy will be put in place and adhered to.

Any party who is aggrieved by the decision, has a right to appeal the decision to the Magistrates Court within 21 days.