To consider an application for a review of a premise licence in respect of Sweet Chilli, 16-17 Bridge Street, Hereford. HR4 9DF called by Herefordshire Council as the Licensing Authority.

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.

Prior to making their decision the members heard from Emma Bowell, Licensing Technical Officer, Richard Alsop, Principal Trading Standards Officer, and Sergeant Duncan Reynolds and Jim Mooney, West Mercia Police.  

Following a query from the committee, the Licensing Technical Officer outlined the steps taken to contact the premises licence holder which included sending papers to the premises in Hereford and also to a personal address in Birmingham.  However no contact had been received.   The committee agreed to hear the review in the absence of the premises licence holder.  

West Mercia Police outlined their representation in connection with the review which included:

·                That the licensing authority had been in contact with the premises licence holder advising them of the need to transfer the licence and to vary the designated premises supervisor.

·                The premises had not completed the transfer or variation but continued to sell alcohol without a designated premises supervisor

·                They had visited the premises on 18 February 2018 and had issued a Section 19 Closure Notice because alcohol was visible and customers were drinking what appeared to be alcohol

·                On 23 March 2018, an email had been sent to the premises to inform them that they continued to be in breach of the legislation and that further intervention visits would be made.

·                On 24 March, they had visited the premises again and had issued a Section 19 Closure Notice because alcohol was visible and customers were drinking what appeared to be alcohol

·                The police had not seen or spoken to the named designated premises supervisor, Abtal Hussain but had spoken to a Mr Johirul Ahmed who they believed was the new owner of the premises.

·                The premises had been subject to a joint police and UK Border Agency visit in July 2017.   At this visit one male worker had been detained as it had been established that he was an illegal worker with no right to stay or work in the country.  

The committee then heard from Richard Alsop, Principal Trading Standards Officer Food who outlined that their representation was based on the protection of children from harm licensing objective because there was no designated premises supervisor present at the moment. If a named designated premises supervisor was forthcoming, then the usual conditions with regard to training would be put on the licence. 

Following queries from members of the committee, it was confirmed that:

·                On the balance of probabilities, the customers present at the premises on 18 February and 24 March were consuming alcohol.

·                That the premises appeared to be closed and had not operated over the last few weeks.  

The committee have carefully considered all the representations, 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 licensing sub-committee in respect of a review of premises licence following the licence review of a premises licence concerning Sweet Chilli, 16-17 Bridge Street, Hereford. HR4 9DF.

The decision of the committee is that the licence shall be revoked. 

REASONS

The reasons for the decision were that it was apparent that neither the named licence holder or designated premises supervisor were still involved in the management of the premises. The police had visited on 3 occasions 18 February 2018, 24 March 2018 and 30 March 2018 to find no designated premises supervisor had been present but that alcohol had apparently been on sale. This had resulted in two closure notices being served. In addition Members had considered and agreed with the comments of Trading Standards regarding their concerns that the failure to have an appropriately trained designated supervisor and personal licence holder could lead to sales of alcohol to children. They noted that there had been a failure of the existing premises licence holder to engage with the licensing authority and therefore they had no confidence that alcohol would not continue to be sold without a designated premises supervisor in contravention of the law. They therefore considered it was both appropriate and proportionate to revoke the premises licence to prevent the further undermining of the prevention of crime and disorder licensing objective and the protection of children from harm.