Agenda, decisions and minutes

To receive any declarations of interest from Members.

There were no declarations of interest received.

Proposal:     Application for the review of the premises licence under Section 51 of the Licensing Act 2003 and for the review of the club premises certificate under Section 87 of  the Licensing Act 2003.

Location:      Miah’s of Pangbourne, 26 Reading Road, Pangbourne, RG8 7LY

Applicant:     Home Office Immigration Enforcement, Alcohol Licensing Team

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on 16^th October 2019 and considered Application 18/01230/LQN made by Home Office Immigration Enforcement for a review of Premises Licence Number 014279 in respect of premises known as Miah’s of Pangbourne, 26 Reading Road, Pangbourne, RG8 7LY and resolved to modify the conditions of the premises licence which are set out below.

In coming to their decision, the Sub-Committee had regard to the four licensing objectives, which are:

1.            the prevention of crime and disorder;

2.            public safety;

3.            the prevention of public nuisance; and

4.            the protection of children from harm.

They also considered the Home Office Revised Guidance issued under section 182 of the Licensing Act 2003 and West Berkshire Council’s Statement of Licensing Policy.

Representations

The Sub-Committee treated the application as a new hearing to be considered on its own merits and heard representations made by:

1.            for the Applicant:  Ms Lee-Ann Evanson, Home Office, Immigration Enforcement;

2.            for the Objectors: Mr. Payne (Licensing Lawyers), Mr. Mouadjul Miah and Mr. Jamshed Miah;

3.            for a Responsible Authority (Thames Valley Police): Mr. Gary Clarke and Mr. Declan Smyth

The Licensing Sub-Committee was asked to read and then consider written representations submitted by the objectors at the hearing.  These written representations had not been submitted at least five working days before the hearing as required for them to be entered into evidence without the agreement of all parties.  Following an objection from the Responsible Authority to the written representations being submitted into evidence, the written representations were not read or considered by the Sub-Committee.

Decision

Having taken the written and oral representations into account, the Licensing Sub-Committee considered Application 18/01230/LQN and RESOLVED to modifying the conditions of the premises licence by adding new conditions and amending current conditions attached to the premises licence as well as the relevant mandatory conditions of the Licensing Act 2003 or secondary legislation.

Additional conditions

The Prevention of Crime and Disorder

1. Every supply of alcohol under the premises licence must be made by a person who has completed training to the minimum standard of the BII Responsible Alcohol Retailing course or the SWERCOTS NPOANS training package.  This trainingmust be documented in writing and retained for at least one year and made available on request to Thames Valley Police and authorised officers of West Berkshire Council.

2. Refresher training shall be provided at least every six months.  This training must be documented in writing and retained for at least one year and made available on request to Thames Valley Police and authorised officers of West Berkshire Council.  The content of the training must be reviewed on a regular basis, with a record of such review retained and made available in the same manner as the training record.

3. At all times that the premises is operating under this licence, the Premises Licence Holder shall ensure his/her/its staff operate a Challenge 25 Policy (to minimise the risk of alcohol being sold to  ...  view the full decision text for item 2.

The Sub-Committee considered a report (Agenda Item 2(1)) concerning Licensing Application 18/01230/LQN in respect of Miah’s of Pangbourne, 26 Reading Road, Pangbourne, RG8 7LY. The application was for the review of the premises licence under Section 51 of the Licensing Act 2003 and the review of the club premises certificate under Section 87 of the Licensing Act 2003.

Councillor James Cole, Chairman, welcomed those in attendance and outlined the reason why the application had to be reheard. It was noted that the Sub-Committee was incorrectly constituted when it met on 23^rd October 2018 with four Members sitting on the panel instead of three (plus a substitute) as required by Section 9 (1) of the Licensing Act 2003.

Councillor Cole went on to confirm that the review application before the Sub-Committee today, would be treated as a new application and would be determined entirely on its own merits based solely on the evidence presented, whether verbally or in writing.

The Sub-Committee noted that a further Sub-Committee had been arranged to hear two associated Licensing applications for the same premises on the afternoon of 16^th October 2019. Given these circumstances, Councillor Cole advised that he would announce the decision of the Sub-Committee with regard to the review of the premises license at 1.25pm prior to the commencement of the afternoon hearing.

Councillor Cole addressed the Sub-Committee and said that the Licence Holder via their Solicitors, Mr Payne of Licensing Lawyers, had submitted an application for the submission of late information. Mr Payne said his client had commissioned an independent licensing inspection of the premises and he wished to submit the report of that inspection for consideration by the Sub-Committee. In addition, Mr Payne said that his client had other documentation including statutory declarations and statements that he wished to be considered. This request had been received outside of the five working days deadline for the submission of written information. Mr Payne said that Regulation 18 of Licensing Act 2003 (Hearings) Regulations 2005 the allowed for the late submission of material and questioned if the Council’s Constitution could override the law.

In addressing the Sub-Committee, Councillor James Cole, Chairman said that that as the additional information referred to by Mr Payne had not been submitted at least five working days before the meeting then all parties had to agree to the submission. In response to this statement, Mr Declan Smyth of Thames Valley Police, the Responsible Authority, said that Thames Valley Police objected strenuously to the submission of the late information as he felt that the objectors had had enough time to submit the documentation within the necessary timescales.

Councillor James Cole went on to ask Thames Valley Police if they wanted to request permission for the submission of any late information. Mr Declan Smyth said that he did have some additional late information but he knew this would be outside the five day deadline and therefore he had not made the request. Councillor Cole reminded Mr Smyth that  ...  view the full minutes text for item 2.