Contact: Pauline Ross
Election of Chairman for the meeting
RESOLVED that Councillor P. J. Whittaker be appointed Chairman of the Sub-Committee for the meeting.
No apologies for absence were received.
Declarations of Interest
To invite Councillors to declare any Disclosable Pecuniary Interests or Other Disclosable Interests they may have in items on the agenda, and to confirm the nature of those interests.
No declarations of interest were received.
The Chairman welcomed everyone to the virtual meeting and introduced all parties present.
The Council’s Legal Advisor reminded Sub-Committee Members that they were been asked if it was appropriate that the interim steps imposed on 26th November 2020, should continue; having had regard to the written representations submitted on 27th November 2020, by Mr. Dildar Hussain on behalf of Mr. Kaptan Miah, the premises licence holder, as detailed at Appendix 4 to the report.
It was noted that the Sub-Committee Members had been informed of the reason why the Premises holder had been unable to attend the meeting.
The Sub-Committee then considered whether the Interim Steps Pending Review, imposed on 26th November 2020, were still appropriate in respect of Deedar Restaurant, 26 Hewell Road, Barnt Green, Birmingham, B45 8NE.
The Senior Practitioner, (Licensing) Worcestershire Regulatory Services (WRS), introduced the report and in doing so highlighted that, at 12:32 hours on Wednesday 25th November 2020 an application was received from West Mercia Police for a summary review of the premises licence held by Deedar Restaurant, as detailed at Appendix 1 to the report.
The premises licence was currently held by Mr. Kachi Kabir and Mr. Kaptan Miah and the designated premises supervisor named on the licence was Mr. Kachi Kabir.
Members were asked to note that Mr. Kabir’s personal licence under the Licensing Act 2003 was issued by Solihull Metropolitan Borough Council. Enquiries made by WRS with Solihull Metropolitan Borough Council, had revealed that Mr. Kabir had surrendered his personal licence in September 2018. Therefore, it would appear that the designated premises supervisor named on the premises licence did not currently hold a personal licence.
Members were further informed that on Thursday 26th November 2020, as required under section 53A of the Licensing Act 2003, that the licensing authority was asked to consider whether it was necessary to take interim steps pending the determination of the review application.
At the Consideration of Interim Steps Pending Review Hearing, on Thursday 26th November 2020, Licensing Sub-Committee Members decided that the following interim steps would be taken:-
• the removal of the designated premises supervisor from the licence;
• the suspension of the licence.
Appendix 3 to the report detailed the decision notice, which was served on the licence holders and West Mercia Police.
At 11:20 hours on 27th November 2020, the licensing authority received representations against the interim steps taken, submitted by Mr. Dildar Hussain on behalf of Mr. Kaptan Miah, the premises licence holder, as detailed at Appendix 4 to the report.
Members were further informed that the licensing authority was then required to consider the representations submitted by Mr. Kaptan Miah within 48 hours (the period of 48 hours’ time that was not a working day was to be disregarded); and to consider whether the interim steps imposed were still appropriate for the promotion of the four licensing objectives and to determine ... view the full minutes text for item 8/20