West Berkshire Council

Agenda and draft minutes

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Contact: Moira Fraser / Maria Legge 

Items
No. Item

5.

Declarations of Interest

To receive any declarations of interest from Members.

Minutes:

The commencement of the meeting was delayed briefly as the applicants had mistakenly attended the Council Offices at Market Street.

Prior to the commencement of the meeting the applicants agreed that they were happy to be referred to as Mr Miah Senior and Mr Miah Junior.

There were no declarations of interest received.

6.

Existing Licence for Miah's of Pangbourne pdf icon PDF 288 KB

6(1)

Application No. 18/01433/LQN - Miahs Panghourne, 26 Reading Road, RG8 7LY pdf icon PDF 346 KB

Proposal:     Application to transfer premises licence lobe granted under the Licensing Act 2003

Location:      Miahs Panghourne, 26 Reading Road, RG8 7LY

Applicant:     Mouadjul Miah

Additional documents:

Minutes:

The Sub-Committee considered a report (Agenda Item 3(1)) concerning Licensing Application 18/01433/LQN in respect of an application to transfer the premises licence of Miah’s Pangbourne.

In accordance with the Council’s Constitution, Emilia Matheou (Licensing Officer, West Berkshire Council), Mr Jon Payne (Solicitor), Mr Mouadjul Miah (hereafter referred to as Mr Miah Junior) (Applicant) and PC Declan Smith, Thames Valley Police (Responsible Authority) addressed the Sub-Committee on this application.

Mr Payne, on behalf of the applicant, reported that additional information had been submitted to all parties the previous evening at 11pm. He requested that the Sub-Committee, in accordance with Regulation 18 of the Licensing Hearing Regulations, accept the information which included a statutory declaration signed by Mr Miah Senior and confidential right to work information of the current employees on Miah’s Pangbourne.

Anne Marie Baird advised that the Sub-Committee could accept the additional information, should all parties be in agreement.

PC Declan Smith advised that Mr Payne had handed him the documentation immediately before the Sub-Committee meeting and he had not yet read it. On inspection, he noted that the document was dated 6 November 2018 and questioned the late submission, however he accepted that the Sub-Committee should receive the information.

Mr Payne raised a further point that Section 9 of the Licensing Act 2003 required the Council to appoint three Members to the Licensing Sub-Committee but four Members were present. Anne Marie Baird advised that the Council resolved on 4 July 2017 to amend the number of Sub-Committee members from three to four.

(The meeting was adjourned between 10.22am and 10.36am for the Sub-Committee to review the additional documentation.)

Ms Matheou, in addressing the Sub-Committee, raised the following points:

·           Miah’s Pangbourne had a premises license for the provision of regulated entertainment, late night refreshment and supply of alcohol.

·           West Berkshire Council had revoked the license on 23 October 2018 following representations by the Home Office and Thames Valley Police. The grounds given by the Home Office 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 26 June 2018.

·           Mr Miah Senior had until 16 November 2018 to appeal the decision.

·           On 8 October 2018, the licensing authority received an application from Mr Miah Junior for the premises license to be transferred to him from Mr Miah Senior.

·           On 14 October 2018, an objection was submitted by Thames Valley Police on the grounds that the license transfer would undermine the licensing objective concerning the prevention of crime and disorder.

·           Under section 43 of the Licensing Act 2003, the premises license was still in effect until either the period in which to apply to the Magistrate’s Court had passed or any appeal had been decided by the Magistrate’s Court.

·            Mr Miah Junior was shown as an active director for Miah’s Pangbourne Ltd on Companies House as of 20 October 2018.

·           It was recommended that the Committee determine whether  ...  view the full minutes text for item 6(1)

6(2)

Application No. 18/01434/LQN - Miahs Panghourne, 26 Reading Road, RG8 7LY pdf icon PDF 162 KB

Proposal:      Application to vary a premises licence to specify an Individual as                 Designated Premises Supervisor under the Licensing Act 2003

Location:      Miahs Panghourne, 26 Reading Road, RG8 7LY

Applicant:     Mouadjul Miah

 

Additional documents:

Minutes:

The Sub-Committee considered a report (Agenda Item 3(1)) concerning Licensing Application 18/01434/LQN in respect of an application to vary the premises licence of Miah’s Pangbourne.

In accordance with the Council’s Constitution, Emilia Matheou (Licensing Officer, West Berkshire Council), Mr Jon Payne (Solicitor), Mr Mouadjul Miah (hereafter referred to as Mr Miah Junior) (Applicant) and PC Declan Smith, Thames Valley Police (Responsible Authority) addressed the Sub-Committee on this application.

Emilia Matheou in addressing the Committee raised the following points:

·         The application to vary the premises license to specify an Individual as a Designated Premises Supervisor was received by the licensing authority on 8 October 2018.

·         Thames Valley Police lodged an objection to the application on the grounds that it would undermine the licensing objective to prevent crime and disorder.

·         The Sub-Committee should have regard to the representations made under the previous agenda item.

Mr Jon Payne in addressing the Sub-Committee raised the following points:

·         The Sub-Committee should consider the information and arguments shared under the previous agenda item as they were relevant to this application.

·         Mr Miah Junior had a right to hold a license and a right to be a Designated Premises Supervisor.

·         The threshold for exceptional circumstances had not been met so the Sub-Committee should consider the application on its merits.

·         Mr Miah Junior’s links to his father were not relevant.

Councillor Jeff Beck noted that in the application, Mr Miah Junior had stated his position in the business was a manager and asked when this came into effect. Mr Payne advised that it was the same date the application was made.

Councillor Beck asked what Mr Miah Junior was doing in the lead up to the Home Office visit at the premises. Mr Payne advised that he was running other businesses such as the Sun Inn near Basingstoke. He was not at the premises at the time of the Home Office visit. Councillor Beck asked what involvement Mr Miah Junior had had with the business in the few weeks prior to the Home Office visit. Mr Miah Junior stated that he had not attended the premises for around a month.

PC Declan Smith asked what involvement Mr Miah Junior had with the Sun Inn, who replied that he oversaw the business and had a head chef and front line manager. Mr Payne advised that Mr Miah Junior was a director of the company which owned the Sun Inn.

PC Smith asked what experience the applicant had which would qualify him to be an Individual Designated Premises Supervisor. Mr Miah Junior advised that he had experience at the Sun Inn. Mr Payne stated that he had the experience required by the Licensing Act, had completed training and had a criminal record check. It would be wrong to suggest that additional qualification was needed. Mr Miah Junior had experience running the Sun Inn and had worked in a licensed premises. PC Smith asked when Mr Miah Junior’s license for the Sun Inn was granted. Mr Miah Junior advised that it  ...  view the full minutes text for item 6(2)