Agenda and draft minutes
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Declarations of Interest
To receive any declarations of interest from Members.
There were no declarations of interest received.
Proposal: Application to Review a Premise Licence
Location: 26 Reading Road, Pangbourne, RG8 7LY
Applicant: Home Office, Immigration Enforcement and Alcohol Licensing Team
The Sub-Committee considered a report (Agenda Item 2(1)) concerning Licensing Application 18/01230/LQN in respect of the review of Premises Licence number 014279 – Miah’s of Pangbourne, 26 Reading Road, Pangbourne, RG8 7LY.
In accordance with the Council’s Constitution, Ms Emilia Matheou (Licensing Officer, West Berkshire Council), Ms Lee-Ann Evanson (Applicant, Home Office Immigration Enforcement Officer), PC Simon Wheeler (Responsible Authority, Thames Valley Police), Councillor Pamela Bale (Ward Member) Mr Jamshed Miah (Premise Licence Holder) and Mr Rameez Dar (Solicitor representing the Premise Licence Holder) addressed the Sub-Committee on this application.
Ms Matheou, in addressing the Sub-Committee, raised the following points:
· In accordance with Section 51 of the Licensing Act 2003 and the West Berkshire Council Licensing Policy, the Sub-Committee was asked to consider and determine an application from Home Office Immigration Enforcement to review the premises licence 014729 for Miah’s of Pangbourne.
· In accordance with Section 52 of the Licensing Act 2003, the Sub-Committee was asked to determine the application and having had regard to the application and any relevant representations take such steps as it considered appropriate for the promotion of the licensing objectives which were:
1. The prevention of crime and disorder
2. Public Safety
3. The prevention of public nuisance
4. The protection of children from harm
· The Sub-Committee had a number of options open to them in their determination. The options were:
1. Modify the conditions of the licence
2. Exclude a licensable activity from the scope of the licence (for a period not exceeding three months or permanently)
3. Remove the Designated Premises Supervisor (DPS)
4. Suspend the licence for a period not exceeding three months
5. Revoke the licence
6. Issue formal warnings to the DPS and/or premises licence holder
7. Take no action
· The Immigration Act 2015 amended Section 13(4) of the Licensing Act 2003 to include the Home Office, Immigration Enforcement as a responsible authority.
· On 30th August 2018 the Home Office Immigration Enforcement made an application under section 51 of the Licensing Act 2003 for a review of the premises licence in force at Miah’s of Pangbourne.
· The grounds given by the Home Office for the review were that they believed the licence holder had undermined the licensing objective of ‘The prevention of crime and disorder’ as illegal working had been identified at the premises during an enforcement visit on 26th June 2018.
· Following receipt of the application to review the licence, the 28 day consultation period ran from 31st August 2018 to 27th September 2018. During this period, blue notices advertising the application to review were displayed at the premises and the Council Offices.
· During the consultation period, one representation in support of the application to review the licence was received from Thames Valley Police.
· On 3rd September 2018, Home Office Immigration Enforcement provided an additional statement to support their application to review the licence (page 22/23 of the agenda).
· On 25th September 2018, Chatham Chambers Solicitors wrote to advise ... view the full minutes text for item 4.