To receive apologies for absence.

To receive any details of Members nominated to attend the meeting in place of a Member of the committee.

To receive any declarations of interest by Members in respect of items on the agenda.

To consider an appeal against a decision to refuse a street trading consent application for a site at Unit 19, Lower Road Industrial Estate, Ledbury, HR8 2DJ.

Members of the licensing sub committee of the council’s planning and regulatory committee considered the above application, full details of which appeared before the Members in their agenda and the background papers.

The committee noted the apologies of the applicant who for urgent personal reasons could not attend and further noted that the applicant’s agents were present.  

Prior to making their decision the members heard from:

·         Kevin Price, street trading officer

·         Chris Jenner, head of technical and parking services

·         Ariz Trezins, environmental health officer

·         Sergeant Nicholas Green, West Mercia Police

·         Roman Jerabek, current vendor on the site

·         Dennis Davies, former vendor on the site

·         Richard Barnett, One Licensing, applicant’s agents

·         Paul Jennings, One Licensing, applicant’s agents

The committee noted that the head of technical and parking services had taken the original decision to refuse the application based on the recommendations of the street trading panel and professional advice.    This advice included: 

·         if there were any anti-social behaviour arising from the granting of the application, then this could only be dealt with by the police or the licensing department which would have resource implications for both organisations.  

·         A 3 month trial period was not viable; and

·         Planning permission would be required for the site.  

The environmental health officer’s concerns were primarily about noise nuisance in the evening due to the proximity to a residential area.    Noise in the street was not classed as a statutory nuisance and this would mean that the environmental health department would not be able to take action. 

Sergeant Green outlined the concerns of West Mercia Police which were based on the knowledge and understanding that similar sites attract anti-social behaviour and the proximity to a residential area.     It was noted that the majority of the business on the industrial estate operated standard working hours but one factory did operate a shift pattern and had a canteen and vending machines which served hot and cold snacks.     

The committee heard from Mr Roman Jerabek who was operated a similar business to the applicant on the site and Mr Dennis Davies who had previously operated a similar business.    Both Mr Davies and Mr Jerabek indicated that they had both operated in the same area being requested by the applicant but had had to move location due to traffic problems.    Mr Jerabek also informed the committee that currently he closes his unit at 1500 hrs but in the next year would be moving to a closure time of 1700 hrs which was already included on his licence.

The committee then heard from the applicant’s agents who indicated:

·         That there were no historical crime issues in relation to the site;

·         The applicant would be using electricity from the car wash business on the site so there would be no generator noise

·         That whilst the site would not be a busy location, the applicant wished to proceed.

·         The applicant had offered CCTV as a condition and was willing to work with the police in connection with anti-social behaviour.  

·         That the applicant would  ...  view the full minutes text for item 50.

To consider an application for a review of a premises licence following an expedited / summary licence review in respect of: Jalsagar Restaurant, 60 St Owens Street, Hereford, HR1 2PU.

The meeting re-convened at 11.15 am.

As the premises licence holder’s solicitor had submitted a significant amount of paperwork the previous day, the meeting was adjourned until 12.15 pm to enable the members to read the papers.   

It was noted that no intention to attend had been submitted in respect of Patricia Marleau.  However, the committee agreed that Ms Marleau would be able to answer queries which may occur as a result of her witness statement.

The meeting re-convened at 12.15 pm

Members of the licensing sub committee of the council’s planning and regulatory committee considered the above application, full details of which appeared before the Members in their agenda and the background papers.

Under paragraph 14 of the Licensing Act 2003 (Hearings) Regulations 2005 the meeting was closed.   

The meeting was re-opened for the purposes of the decision.  

Prior to making their decision the members heard from Fred Spriggs, Licensing Authority, Sergeant Duncan Reynolds and Jim Mooney, West Mercia Police.   Members also heard from the applicant’s solicitor, Heath Thomas, Harrison, Clark, Rickerbys. 

The committee have carefully considered all the representations, including a public representation, reports and evidence before them today and have also had regard to their duties under S4 of the Licensing Act and have considered S182 guidance and Herefordshire’s statement of licensing policy.   They also had regard to the relevant sections of the Licensing Act.   

DECISION

This is the decision of the regulatory sub-committee in respect of a review of premises licence pursuant to Section 53C following the summary licence review of a premises licence concerning Jalsagar Restaurant, 60 St Owens Street, Hereford. HR1 2PU.

The decision of the committee is that the licence shall be suspended for a period of three (3) months and the following condition shall be placed on the premises licence.

“The premises licence holder shall permanently engage the services of an immigration advisor, as agreed in writing with the licensing authority, who shall undertake a review of all existing employees at the premises and to check entitlement to live and work in the UK and thereafter independently verify prospective employees’ right to live and work in the UK prior to the employee being engaged to work at the premises”. 

REASONS

The committee heard from West Mercia Police as regards the events of 19 May 2017 and made reference to the review in 2011 as set out in the witness statement of Sergeant Duncan Reynolds and that they were seeking revocation of the premises licence on the basis that the premises licence holder had admitted to employing a person in contravention of immigration law and this was a serious crime.   The police made reference to paragraph 11.28 of the S182 guidance.    In addition, they went through statements provided by the Immigration Officer.    In addition they made reference to East Lindsay case and said crime and disorder objective was engaged.  Sergeant Duncan Reynolds clarified that he had been present during the visit but had not been present at the time the various  ...  view the full minutes text for item 51.