Agenda, decisions and minutes

Licensing Act 2003 Sub-Committee - Tuesday 26th March, 2013 1.30 pm

Venue: Bourges / Viersen Rooms - Town Hall

Contact: Gemma George; Senior Governance Officer

Items

No.

Item

Apologies for Absence

Declarations of Interest

At this point Members must declare whether they have a disclosable pecuniary interest, or other interest, in any of the items on the agenda, unless it is already entered in the register of members’ interests or is a “pending notification “ that has been disclosed to the Solicitor to the Council.

Members must also declare if they are subject to their party group whip in relation to any items under consideration.

Application for Review of Premises Licence - Zaika (Previously known as Shalimar Gardens), 34 New Road, Peterborough, PE1 1FH PDF 97 KB

Additional documents:

Decision:

DECISION NOTICE - LICENSING ACT 2003 SUB-COMMITTEE

REVIEW HEARING - ZAIKA (PREVIOUSLY KNOWN AS SHALIMAR GARDENS), 34 NEW ROAD, PETERBOROUGH, PE1 1FH

26 MARCH 2013

We have considered the representations made by Cambridgeshire Constabulary (the Responsible Authority and Applicants for the review).

We have considered the representations made by the Responsible Authorities concerning all four of the licensing objectives, namely:

The prevention of crime and disorder
Public safety
The prevention of public nuisance
The protection of children from harm

The representations from the police were mainly related to four section 19 notices served on 3 August, 1 September of last year, and 27 January and 1 March this year, and public disorder on New Year’s Day.

These notices were issued for various breaches of the Act and for breaches of the operating conditions. For example, conducting a licensable activity:

Without a Designated Premises Supervisor;
Having no fully functioning CCTV,
Operating without a personal licence holder being present; and
Having no SIA registered door staff contrary to the licence conditions.

The Pollution Control Team was concerned with noise nuisance emanating from the premises.

Representations from the Licensing Authority were also concerned with the running of the business. We are concerned with the public safety objective in respect of these premises.

We have considered the submissions made on behalf of the Premises Licence Holder. We accept that some of these concerns and issues have been addressed. However, we believe that these premises are not being managed properly and responsibly.

Furthermore, we do not consider that the mediated conditions are appropriate in promoting the licensing objectives nor do we believe that we can attach conditions that would promote the licensing objectives given the level of disregard shown for the Licensing Act.

In our deliberations we considered the various options available:

Suspension of the licence;
Revocation of the licence;
Further amended conditions.

The decision of this Licensing Act 2003 Sub-Committee is therefore to :

Revoke this premises licence in its entirety.

The decision is suspended for 21 days to allow for appeal.

Dated…………………………2013

Signed………………………………(Councillor Thacker)

Sub-Committee Chairman

Minutes:

1. Apologies for Absence		There were no apologies for absence received.
2. Declarations of Interest		There were no declarations of interest.
3. Application		Zaika (previously known as Shalimar Gardens), 34 New Road, Peterborough, PE1 1FH
3.1	Application Reference	MAU 066657
3.2	Sub-Committee Members	Councillor Thacker (Chairman) Councillor Hiller Councillor Saltmarsh
3.3	Officers	Darren Dolby, Regulatory Officer – Licensing Colin Miles, Lawyer – Legal Advisor to the Sub-Committee Karen S Dunleavy, Governance Officer – Clerk to the Sub-Committee
3.4	Applicant	Cambridgeshire Constabulary
3.5	Nature of Application	Application Type Review of existing premises licence. Summary of Review Application In accordance with section 51 of the Licensing Act 2003 following the submission of an application to review the premises licence from Cambridgeshire Constabulary, a Responsible Authority must hold a hearing. A representation in support of the review and recommendations had been received from Cambridgeshire Constabulary, Licensing Authority and the Pollution Team, as Responsible Authorities. No other representations had been received from any of the remaining Responsible Authorities. A summary of the issues raised within the representations included: The premises was located beneath the Travelodge Hotel in New Road; Responsibility of the premises licence holder and designated premises supervisor (DPS) had changed on numerous occasions; Continued breaches of all four of the licensing objectives; Continued breaches of premises licence conditions; Poor management of the premises; Continued issues with loud music from the premises; There had been an application received from the Cambridgeshire Police for a licence review, which in essence revealed poor management and a lack of regard for the licensing laws by the premises license holder; The police representative provided clarification over the number of Section 19 Closure Notices that had been issued at the premises. The total number had resulted in four instead of three issued; The premises had recently been repossessed by the landlord due to arrears that had accrued by the license holder; and A mediation session had been held with the license holder, which had recommended restrictions on the sale of alcohol; removal of live music, recorded music or performance of dance and the introduction of improvements to the overall management of the security and safety at the premises.
3.6	Licensing Objective(s) under which representations were made	3.7 1. The Prevention of Crime and Disorder; 3.8 2. The Protection of Children from Harm; 3.9 3. Public Safety; and 3.10 4. The Prevention of Public Nuisance.
3.7	Parties/Representatives and witnesses present	Applicant / Responsible Authority PC Grahame Robinson, who presented the case on behalf of Cambridgeshire Constabulary. Responsible Authorities Adrian Day, who was present on behalf of Licensing Authority. Steven Blake, who was present on behalf of Pollution Control Team. Licensee / Representative Mr Muhammed Khubaib the Licensee was in attendance. The Licensee did have a representative (not a legal representative).
3.8	Oral representations	The Police representative addressed the Sub-Committee and outlined the main points with regards to the application, which in summary included: An inspection on the premises had concluded that the license holder had repeatedly ... view the full minutes text for item 3.