Venue: Committee Room (B6) - Lambeth Town Hall, Brixton, London, SW2 1RW. View directions
Contact: Nazyer Choudhury, Tel: 020 7926 0028 Email: firstname.lastname@example.org
Election of Chair
MOVED by Councillor Irfan Mohammed, SECONDED by Councillor John Kazantzis and
That Councillor Fred Cowell be elected Chair for the meeting.
Declaration of Pecuniary Interests
Under Standing Order 4.4, where any councillor has a Disclosable Pecuniary Interest (as defined in the Members’ Code of Conduct (para. 4)) in any matter to be considered at a meeting of the Council, a committee, sub-committee or joint committee, they must withdraw from the meeting room during the whole of the consideration of that matter and must not participate in any vote on that matter unless a dispensation has been obtained from the Monitoring Officer.
Councillor Irfan Mohammed was a councillor in the ward in which the premises for the applications was located.
Strategic Director, Residents Services
Contact: Bina Patel, Licensing Manager, 020 7926 4103
The Chair explained that applications 4a and 4b would be heard in tandem as the applications would cover some of the same ground and it would be expedient to hear from all the parties in respect of the two applications.
Mr Ryan Dowding, representative for the Police, did not object. He asked the Sub-Committee to note that if the transfer application was refused then the licence would default back to Mr Ghafoor, who was not present at the meeting. A letter had been sent to Mr Ghafoor him informing him of the meeting and so there was no reason the Sub-Committee could not proceed in his absence.
Mr David Dadds, representative for Mr Ghafar stated that he was happy to proceed as the Sub-Committee saw fit to do so as he was confident that the Sub-Committee would give his client a fair hearing. Regarding the procedure, however, he felt it would be wise to hear representations from Licensing, then the Police and then from his client. This would give him an opportunity to respond to all the representations raised. Mr Dadds stated that he felt that Mr Ghafoor’s presence was at the meeting was not necessary and was ‘academic’. In any case, Mr Dadds would appeal any decision against the transfer of the premises licence on behalf of his client. His client had a legal interest in the property regardless of decisions made by the Sub-Committee. Mr Dadds felt that due to the tone of the representation made by the Police, there had been some suggestion that his client was involved in some kind of criminality and there was a concern about such a suggestion being made in a public forum.
The Legal Officer stated that the general rule was that the hearing should be heard in public but that the Sub-Committee could exclude part of the hearing where the private interests of the licence holder outweighed the public interest in hearing the application. He expected all parties to be careful about what they said at the Sub-Committee.
The Licensing Manager, Ms Bina Patel, also noted that if the transfer application was rejected then the licence would revert to the former holder, which could be an issue in terms of Mr Ghafar taking part in the review. She felt that the transfer application should be dealt with first but did not object to the Sub-Committee proceeding in the way proposed.
Mr Kokkoz, on behalf of Lambeth Public Protection, had no objection to the Sub-Committee proceeding as proposed.
The Sub-Committee noted that the current premises licence holder, Mr Ghafoor, had been informed of the meeting and that both applications would be heard at the same time as it would save the Sub-Committee the need to hear the duplication of information. The Sub-Committee acknowledged that Mr Ghafoor had been informed of the meeting and would take this into account. The Sub-Committee stated that they expected all parties to deliver their representations in a manner which addressed both ... view the full minutes text for item 3.
Presentation by the Licensing Officer
The Sub-Committee was informed that this was an application for a transfer of a premises licence and an application for a review of a premises licence following a closure order. The Sub-Committee’s attention was drawn to chapters 2, 3, 8, 9, 10 and 11 of the Statutory Guidance and Section 1, 5 (and 5.11), 6, 7, 8, 10, 11 and 19 of the Statement of Licensing Policy as the ones particularly relevant to these applications. The options available to the Sub-Committee for both applications were set out in paragraph 6.2 of the report on page 11 of the agenda papers (for the transfer application) and on paragraph 6.1 on page 86 (for the review application).
The Licensing Officer confirmed:
· The applications that had been submitted were for a review and transfer application of the same premises (Quick Stop). The transfer application involved a proposed transfer from the Shehzad Ghafoor to Abdul Ghafar.
· Additional information had been circulated from the proposed premises licence holder.
· In relation to the transfer application, an objection had been received from the Police.
Presentation by all other parties
Ms Bina Patel, Licensing Manager, informed the Sub-Committee that:
· The review application had arisen following the making of a closure order in respect of the premises on 9 September 2019.
· There was concern regarding how the premises was managed in relation to the upholding of the licensing objectives.
· The premises had also been reviewed previously in 2011, 2012 and in 2013. On all occasions the outcomes were additional conditions imposed on the premises licence.
· Mr Ghafoor was written to again in 2014.
· A summary of the issues regarding the premises and its inability to comply with conditions was outlined in the agenda papers.
· The premises had undermined the crime and disorder licensing objectives.
· She sought the revocation of the premises licence.
In response to questions from Members, Ms Patel informed the Sub-Committee that:
· Page 129 of the agenda papers outlined the additional conditions that were added in 2012 and 2013.
· A copy of the premises licence could be found on Annex 3 of the agenda papers, which referred to the decisions of the Sub-Committee made in 2012.
· Additional conditions were also added in 2013 regarding staff training.
· The letter that was sent in 2014 could be found on page 119 of the agenda papers and was the last contact between the premises and the Licensing team until the most recent review application.
· According to records, there had been no contact between the Licensing team and the premises between 2014-2019.
· All issues relating to the premises were from 2014 and before (other than the most recent review application).
· Significant conditions had already become attached to the premises due to previous review applications. Furthermore, although there had been no record of contact or issues with the premises and the Licensing team since 2014, the submitted evidence suggested that there had been breaches of conditions of the premises licence during this time. Therefore, there ... view the full minutes text for item 3a
As item 4b.