Contact: Pauline Ross
Election of Chairman for the meeting
RESOLVED that Councillor H. J. Jones 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.
There were no declarations of interest.
The Chairman welcomed everyone to the virtual meeting and introduced all parties present.
The Chairman explained that Councillor S. J. Baxter, Reserve Member and Mr. R. Keyte, the Council’s Litigation Solicitor were present to observe the Hearing.
The Sub-Committee then considered a summary review of a Premises Licence 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 on Wednesday 25th November 2020 an application was received from West Mercia Police for a summary review of the premises. A copy of the current premises licence was attached at Appendix 1 to the report.
At the time the application was received, the premises licence was held by Mr. Kachi Kabir and Mr. Kaptan Miah and the Designated Premises Supervisor (DPS) named on the licence was Mr. Kachi Kabir.
Members were asked to note that Mr. Kachi Kabir’s personal licence under the Licensing Act 2003 had been issued by Solihull Metropolitan Borough Council. Enquires made by WRS with Solihull Metropolitan Borough Council had revealed that Mr. Kabir had surrendered his personal licence in September 2018. Therefore, it appeared that the DPS named on the premises licence did not hold a personal licence at the time the application for review was made by West Mercia Police.
On Thursday 26th November 2020, as required by section 53A of the Licensing Act 2003, the licensing authority considered whether it was necessary to take interim steps pending the determination of the review application.
The decision of Licensing Sub-Committee Members was as follows:
· Removal of the Designated Premises Supervisor
· Suspension of the licence
This decision remained in place following the consideration of the written representations submitted on behalf of the licence holder.
Members were asked to further note that, on 2nd December 2020 an application was made by the holder of the premises licence to vary the licence to specify that Mr. Dildar Hussain as the DPS. This application was made in such a sway as to have immediate effect and therefore the DPS now named on the licence was Mr. Dildar Hussain. Mr. Dildar Hussain was the son of one of the licence holders, Mr. Kaptan Miah.
Subsequently, on 17th December 2020, correspondence was received by WRS from Mr. Kaptan Miah giving notice to surrender his premises licence for Deedar Restaurant, 26 Hewell Road, Barnt Green, Birmingham, B45 8NE.
The licensing authority was now required to hold a hearing to consider the application for the review and any relevant representations received and to take steps (if any) that is considered appropriate for the promotion of the four licensing objectives, the steps being detailed at paragraph 2.7 of the main report.
The licensing authority must also consider and determine whether the interim steps already taken in respect of the premises licence were to cease following this review hearing or to continue to have effect during the period within which an appeal against ... view the full minutes text for item 12/20