Agenda and minutes
Venue: Online Meeting
Contact: Democratic Services
Election of Chairperson
To elect a Chairperson for the meeting.
Councillor Bowen was elected as Chairperson.
Apologies for Absence
To receive apologies for absence.
No apologies for absence were received.
Named Substitutes (if any)
To receive any details of Members nominated to attend the meeting in place of a Member of the Committee.
There were no substitutes present at the meeting.
Declarations of Interest
To receive declarations of interests in respect of Schedule 1, Schedule 2 or Other Interests from members of the Committee in respect of items on the agenda.
There were no declarations of interest made.
To consider an application for a review, following an expedited/summary licence review of a premises licence in respect of Razbari, 156 Eign Street, Hereford, HR4 0RP called by West Mercia Police under the Licensing Act 2003.
Members of the licensing sub-committee from 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.
Prior to making their decision the Council’s Licensing Officer presented the report which outlined the options available to the sub-committee. Members then heard representations from PC Chris Lea, the Police Licensing Officer, representing West Mercia Police.
The Premises Licence Holder, MD Masud Ruhel Mintu was not in attendance. The Licensing Officer advised the Committee that as the Council did not hold an email or a contact telephone number for Mr Mintu, papers had been served to him at his postal address. The Licensing Officer further confirmed that on discovery of a generic email for the restaurant found on the submission by the Hereford and Worcester Fire and Rescue Service, the agenda papers and a Zoom link to join the meeting had been sent out electronically but there had still been no response from Mr Mintu.
PC Chris Lea, representing West Mercia Police, outlined their reasoning for requesting the review and revocation of the premises licence for Razbari which included concerns about serious crime at the premises, namely exploitation and the employment of workers who had no legal right to work in the United Kingdom.
The sub-committee carefully considered all the representations, reports and evidence before them at the hearing. They have had regard to their duties under the provisions of the Licensing Act 2003 (as amended by the Violent Crime Reduction Act 2006), the Guidance issued under Section 182 and Herefordshire Council’s statement of licensing policy 2020 – 2025
The sub-committees decision was to revoke the licence.
The sub-committee heard the evidence of the Licensing Authority, and West Mercia Police as the applicant for the licence review. Further, the Members took into account the written representations from Immigration Enforcement and the Hereford and Worcester Fire and Rescue Service. The Committee considered that the evidence showed that a serious offence had been committed at the premises and noted the lack of engagement from the Premises Licence Holder.
The licensing sub-committee had considered whether any lesser or alternative steps would be appropriate but felt that such steps would not address their concerns.
Therefore the decision of the sub-committee was to revoke the licence. This would take effect immediately. The sub-committee considered that this action was both appropriate and proportionate to promote the licensing objectives and in particular to prevent the undermining of the prevention of crime and disorder licensing objective.
Under Schedule 5 Paragraph 8A of the Licensing Act 2003, the premises licence holder, an individual who made relevant representations or the chief officer of police, may appeal against the decision. Such an appeal must be made to the Magistrates Court within a period of 21 days from the date that the applicant is notified in writing of the decision
Should you wish to appeal this decision then it is recommended that you obtain your ... view the full minutes text for item 158.