Agenda, decisions and minutes

To receive any declarations of interest from Members.

There were no declarations of interest received.

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

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

Applicant:     Mouadjul Miah

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on 16 October 2019 and considered Application 18/01433/LQN made by Mouadjul Miah to transfer the premises licence in respect of premises known as Miah’s of Pangbourne, 26 Reading Road, Pangbourne, RG8 7LY and RESOLVED to grant the application.

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.

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: Mr. Payne (Licensing Lawyers), Mr. Mouadjul Miah and Mr. Jamshed Miah;

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

Decision

Having taken those representations into account, the Licensing Sub-Committee RESOLVED that Application 18/01433/LQN be granted and the Premises Licence be varied accordingly.

Reasons

The Licensing Sub-Committee noted that despite the fact this application was to be treated as a new application to be determined on its own merits, no additional documentary evidence had been submitted by the Responsible Authority, Thames Valley Police, since their objection dated 14^th October 2018 either before or at the hearing.  As a consequence, the Licensing Sub-Committee felt that there was a lack of evidence relating to this period and it was only in a position to consider oral representations made by the parties at the hearing.

The Licensing Sub-Committee noted that Mr. Mouadjul Miah’s application to transfer the premises licence was to be with immediate effect pursuant to sections 42 and 43 of the Licensing Act 2003.  As a consequence, Mr. Mouadjul Miah was to be treated as the premises licence holder from the 8^th October 2018, which was the date the application was received by the Council. The application then needed to be determined by the Licensing Sub-Committee at a hearing in light of the objection made by the Responsible Authority, Thames Valley Police.

The Licensing Sub-Committee had regard to the basis upon which the Responsible Authority, Thames Valley Police, objected to the transfer of the Premises Licence, and considered that there were exceptional circumstances to do so.  This was due to the direct link and father-son relationship between Mr. Jamshed Miah and Mr. Mouadjul Miah. Of particular concern was the link between Mr. Mouadjul Miah’s involvement in the business when 12 illegal immigrants were found at the three Licensed Premises at Miah’s of Spencers Wood, Miah’s of Pangbourne and Miah’s of Wokingham Road during 2018.

The Licensing Sub-Committee acknowledged the seriousness of the evidence of illegal working at the three licensed premises during 2018 whilst Mr. Jamshed Miah had been the premises licence holder.  Despite this, however, the Licensing Sub-Committee had regard  ...  view the full decision text for item 2(1)

The Sub-Committee considered two reports (Agenda Items 3(1) and 3(2)) concerning, respectively, Licensing Application 18/01433/LQN in respect of an application to transfer the premises licence for Miah’s of Pangbourne and Licensing Application 18/01434/LQN in respect of an application to vary the premises licence to specify an individual as Designated Premises Supervisor (DPS) for Miah’s of Pangbourne.

Councillor James Cole, Chairman, introduced the meeting and welcomed those in attendance. He outlined the reasons why these applications had to be reheard. It was noted that the Sub-Committee was incorrectly constituted when it met on 13 November 2018 with four Members sitting on the Sub-Committee 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 applications before the Sub-Committee would be treated as new applications and determined entirely on their own merits based solely on the evidence presented, whether orally or in writing.

In accordance with the Council’s Constitution, Emilia Matheou (Licensing Officer, West Berkshire Council), Mr Payne, Mr Jamshed Miah and Mr Mouadjul Miah (Licensing Lawyers/the Applicant), and Mr Declan Smyth and Mr Gary Clarke (Objector/Responsible Authority) addressed the Sub-Committee on this application.

Licensing Officer Representation

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

·           On 8 October 2018, whilst the Premises Licence was under review (and awaiting the decision of the hearing), Mr Mouadjul Miah made an application to the Licensing Authority to transfer the Premises Licence into his name. On the same date, Mr M Miah also made an application to the Licensing Authority to vary the Premises Licence to specific himself as the DPS.

·           On 14 October 2018, Thames Valley Police lodged an objection to both of these applications.

·           Thames Valley Police believed that the transfer and change of DPS was an attempt to circumvent the review proceedings. If the applications made to transfer the licence, and then to vary the premises licence to change the DPS were allowed to take place, then Thames Valley Police believed that the crime prevention objective would be undermined.

Applicant Representation

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

·           Significant evidence had been presented at the Sub-Committee held in the morning and Mr Payne explained that he would not repeat this.

·           Mr M Miah (Miah Junior) had taken responsibility for the business over the past 12 months and in that time had put in place a significant number of measures to promote the Licensing Act’s objectives and ensure compliance.

·           A licensing consultant (a former licensing officer) had been engaged to assist with operations to ensure the premises was compliant with the law. This included training programmes for staff.

·           Standard conditions set out in the Secretary of State guidance would be adhered to.

·           It was noted that Thames Valley Police (TVP) could object in a case where they felt there were exceptional circumstances which meant that granting the application would result in the crime prevention objective being undermined. Reasons would need to be presented by Thames Valley  ...  view the full minutes text for item 2(1)

Proposal:     Application to vary a premises licence to specify an individual as designated premises supervisor under the Licensing Act 2003.

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

Applicant:     Mouadjul Miah

NOTICE OF DECISION

The Licensing Sub-Committee of West Berkshire Council met on 16 October 2019 and considered Application 18/01434/LQN made by Mouadjul Miah to vary a premises licence to specify an individual as designated premises supervisor in respect of premises known as Miah’s of Pangbourne, 26 Reading Road, Pangbourne, RG8 7LY and Resolved to grant the application.

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.

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

1.            The Applicant: Mr. Payne (Licensing Lawyers), Mr. Mouadjul Miah and Mr. Jamshed Miah

2.            The Objector: Thames Valley Police (Mr. Gary Clarke and Mr. Declan Smyth)

Having taken those representations into account, the Licensing Sub-Committee RESOLVED that Application 18/01434/LQN be granted and the Premises Licence to be varied with immediate effect.

REASONS

The Licensing Sub-Committee noted that despite the fact this application was to be treated as a new application to be determined on its own merits, no additional documentary evidence had been submitted by the Responsible Authority, Thames Valley Police, since their objection dated 22^nd October 2018 either before or at the hearing.  As a consequence, the Licensing Sub-Committee felt that there was a lack of evidence relating to this period and it was only in a position to consider oral representations made by the parties at the hearing.

The Licensing Sub-Committee noted that Mr. Mouadjul Miah’s application to name himself as the designated premises supervisor was with immediate effect pursuant to sections 37 and 38 of the Licensing Act 2003.  As a consequence, Mr. Mouadjul Miah was to be treated as the designated premises supervisor from the 8^th October 2018, which was the date the application was received by the Council.  The application then needed to be determined by the Licensing Sub-Committee hearing in light of the objection submitted by the Responsible Authority, Thames Valley Police.

The Licensing Sub-Committee had regard to the basis upon which the Responsible Authority, Thames Valley Police, were objecting to Mr. Mouadjul Miah being named as the designated premises supervisor and considered that there were exceptional circumstances to do so.  This was due to the direct link and father-son relationship between Mr. Jamshed Miah and Mr. Mouadjul Miah and the ongoing concerns which will likely undermine the crime prevention objective.

The Licensing Sub-Committee acknowledged the seriousness of the evidence of illegal working at the three licensed premises during 2018 whilst Mr. Jamshed Miah had been the premises licence holder.  Despite this, however, the Licensing Sub-Committee had regard to the fact no additional documentary evidence had been provided by the Responsible Authority in the  ...  view the full decision text for item 2(2)

The minute for Agenda Item 3(2) concerning Licensing Application 18/01434/LQN in respect of an application to vary the premises licence to specify an individual as designated premises supervisor for Miah’s of Pangbourne was contained within the minute for Agenda Item 3(1) – 18/01433/LQN.