To receive apologies for absence.

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.

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.

In the opinion of the Proper Officer, the following item will not be, or is likely not to be, open to the public and press at the time it is considered.

RECOMMENDATION:          that under section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Schedule 12(A) of the Act, as indicated below and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

1          Information relating to any individual.

RECOMMENDATION:          that under Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005, the public be excluded from the meeting as it is considered that the public interest in doing so outweighs the public interest in the hearing, or that part of the hearing, taking place in public.

The Sub-Committee agreed the exclusion of the public consistent with Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005.

RESOLVED: that under Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005, the public be excluded from the meeting as it is considered that the public interest in doing so outweighs the public interest in the hearing, or that part of the hearing, taking place in public

To consider an application for a review, following an expedited/summary licence review, of a premise licence in respect of Razbari, 156 Eign Street, Hereford, HR4 0AP called by West Mercia Police under the Licensing Act 2003

Members of the Licensing Sub-Committee of the council’s Planning and Regulatory Committee considered a review of the Razabari premises licence following an application for an expedited review. Full details of which appeared before the members in their agenda.

Prior to hearing the matter, Ms Alexandra Wills, representing the Licence Holder raised a point of clarification regarding the statement from the licensing authority referencing an earlier revoked licence concerning Razbari in 2021. Its relevance to the current proceedings was questioned given that the management and licence holder at that time were different to the current licence holders. Ms Wills submitted that the inclusion of this information was prejudicial to her client. Mr Spriggs explained that the current review concerned a premises licence at Razbari; the same premises had been the subject of the 2021 review therefore mention in the Licensing Authority’s representation was relevant.

Mr Fred Spriggs, Principal Licensing Officer, Herefordshire Council responded that he was content to remove mention of the earlier revocation of the premises licence from the representation from the licensing authority.

The Licensing Technical Officer presented the report which outlined the options available to the Sub-Committee.

PC Dean Wall, representing West Mercia Police explained:

·       Police and Licensing Officers had visited Razbari on 16 November 2023 where they spoke to an employee;

·       The employee could not provide evidence that they were  currently undertaking studies;

·       In later statements the employee had stated that he was working full time and was not at university;

·       The employee was resident at an address in Breinton Road along with other employees of Razbari;

·       During the visit a number of breaches of licensing conditions had been identified;

·       Due to the alleged illegal activities on the premises and the breach of licensing conditions the police were requesting a revocation of the premises licence.

Ms Alexandra Wills, on behalf of the licence holder, raised the following queries in relation to the statement from the Police:

·       Clarification was sought that when the employee was arrested they were unable to provide evidence of their studies in the UK.

·       It was queried whether the employee was required to have evidence of their studies whilst at work in the restaurant;

·       Clarification of the reference of the Police to criminality at the premises was sought. PC Wall replied to explain the term criminality referred to the employment of a person above the hours permitted by their visa.

PC Wall replied to Ms Wills’ first point to explain this was evidenced in the statements to the Police and the Immigration Services. The statement to the Immigration Service had been made with an interpreter present.

Mr Spriggs, Principal Licensing Officer, Herefordshire Council explained

·       He had been present on the visit to Razbari on 16 November 2023 and had observed that the premises was in breach of the conditions set out in the premises licence.

·       Photographic material (taken on 21 November 2023) submitted by the licence holder to the previous hearing of the Sub-Committee on 22 November 2023 clearly showed that the breaches of  ...  view the full minutes text for item 47.