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 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 representation against the interim steps imposed on 22 November 2023 by the Licensing Sub-Committee following an application for an expedited /summary licence review of the premises licence relating to the Razbari, 156 Eign Street, Hereford. HR4 0AP.

Members of the Licensing Sub-Committee of the council’s Planning and Regulatory Committee considered a representation received on behalf of the licence holder, full details of which appeared before the members in their agenda and two supplements published on 30 November 2023 and 1 December 2023.

Prior to making its decision the Licensing Technical Officer presented the report which outlined the options available to the Sub-Committee and members heard representations from representatives of the Premises Licence Holder, Mr MD Siddikur Rahman Suhag and Mr Musthak Ahmed and PC Dean Wall, the Police Licensing Officer. 

Mr Musthak Ahmed and Mr MD Siddikur Rahman Suhag introduced the evidence provided in their request for an interim review of the suspension of the licence. It was explained to the Sub-Committee that the witness statement given by the employee of Razbari was inconsistent with the statements from the Police and Immigration Service circulated in the supplements. Without cross-examination of the detail contained in all the statements, it was not possible to establish the correct record of events. The licence holder had undertaken all necessary pre-employment checks. The licence holder was prepared to comply with additional conditions to allow for a resumption of the licence.

PC Dean Wall, representing West Mercia Police, explained that the additional statements from the Police and Immigration Service substantiated the initial evidence provided by the Police. The Police objected to additional conditions to allow for the resumption of the licence which should remain suspended.

Having carefully considered those matters brought before them and in reaching their decision, the Members had full regard to both 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. 

DECISION

The Sub-Committees decision was to maintain the suspension of the licence as an interim step until the full review is held.

REASONS

The Licensing Sub-Committee has heard from the Licensing Technical Officer, West Mercia Police, Mr Suhag and the Premises Licence Holder’s legal representative Mr Musthak Ahmed of Lawmatic Solicitors who has provided authority that he is instructed on behalf of the Premise Licence Holder.

The Sub-Committee has heard the submissions from the Licensing Technical Officer and noted the contents of the licensing report and attached documents.

The Sub-Committee has paid careful attention to the submissions of both Mr Suhag and legal representative Mr Ahmed and has carefully considered the further evidence submitted on behalf of the Premises Licence Holder, in particular the written representation and statement provided.

The Sub-Committee has considered the further supplementary evidence provided in the form of an interview transcript and statement.

The members of the Sub-Committee, having considered all the evidence together, felt that there was no persuasive reason at this stage to change the Sub-Committee’s decision made on 22 November 2023.

Therefore the decision of the Sub-Committee is to maintain the suspension of the licence as an interim step until the full review is held. The Sub-Committee considered that this action  ...  view the full minutes text for item 37.