Issue - meetings

Report No: LSC/WS/24/002

The Business Partner (Regulatory and Information Governance) welcomed all present to the Hearing, reported that no declarations of interest had been received and introductions to all parties were made.  He also drew attention to the procedure for the conduct of the Hearing as attached to the agenda.

The following parties were present at the Hearing:

(a)   Applicant – Chief Immigration Enforcement Officer, Home Office

(b)   Respondent – Premises Licence Holder, B&B Stores, 75 Chapple Drive, Haverhill (accompanied by two personal acquaintances in support)

The Licensing Officer presented the report which explained that an application had been received from Immigration Enforcement, Home Office for a review of the premises licence for B&B Stores, 75 Chapple Drive, Haverhill based on the licensing objective ‘prevention of crime and disorder’.

A copy of the application was attached at Appendix A to Report No LSC/WS/24/002 together with supporting documentation at Appendix B.

In accordance with the requirements of the Licensing Act 2003 a public notice was subsequently displayed at the premises and surrounding area for a period of 28 consecutive days. However, no representations were received from responsible authorities or other persons during the consultation period.

The Sub-Committee then heard the individual submissions from the parties present.

The Chief Immigration Enforcement Officer outlined the review application made by the Home Office and summarised the findings of their report set out in Appendix B, before responding to Members’ questions.

Following which the Premises Licence Holder was invited to speak in response to the application before answering questions posed by Members’ and the applicant.

All parties were then given opportunity to sum up their case.

The applicant, respondent and accompanying supporters, and the Licensing Officer then left the meeting to allow the Sub-Committee to give further consideration to the matter.

Following all parties return to the meeting room the Business Partner (Regulatory and Information Governance) advised on the Sub-Committee’s decision.

With the vote being unanimous, it was 

RESOLVED:

That:-

1.   The Premises Licence be suspended for a period of three months; and

2.   The following additional conditions be appended to the Premises Licence:

                             i.        The licensee shall undertake right to work checks on all staff employed at the licensed premises and evidence of right to work checks shall be retained at the licensed premises for at least 12 months from the date the employee’s employment is terminated. All records shall be made available for inspection by the Licensing Authority, Home Office Immigration Enforcement and the police.

                            ii.        The premises shall install and maintain a CCTV system which:-

a)           includes coverage of the serving area,

b)           continually record whilst the premises is open for licensable activities,

c)           shall retain the recordings for a minimum of 30 day and made available for inspection by the Licensing Authority, Home Office Immigration Enforcement and the police.

The Business Partner (Regulatory and Information Governance) concluded the Hearing by advising on the Right of Appeal against the determination of the Authority.

Report No: LSC/WS/23/005

Report No: LSC/WS/22/015

The Business Partner (Litigation/Licensing) welcomed all present to the Hearing, reported that no declarations of interest had been received and introductions to the Panel were made.

The following parties were present at the Hearing:

(a) Premises User - Andrei-Octavian Neculaita

(b) Relevant Person – Julie Roberts (West Suffolk Council                          Private Sector Housing and Environmental Health)

The Licensing Officer presented the report which explained that two Temporary Event Notices, made under the Licensing Act 2003, were received and accepted by the Licensing Authority on 23 November 2022.  A copy of the notices were attached as Appendices A and B of Report No LSC/WS/22/015.

The first Temporary Event Notice requested the authorisation of the following licensable activities:

The sale by retail of alcohol, the provision of regulated entertainment, the provision of late-night refreshment

24 December 2022 01:30 – 04:00

25 December 2022 01:30 – 04:00

25 December 2022 23:00 – 23:59

26 December 2022 00:00 – 04:00

And, the second Temporary Event Notice requested the authorisation of the following licensable activities:

The sale by retail of alcohol, the provision of regulated entertainment, the provision of late-night refreshment

31 December 2022 01:30 – 03:30

1 January 2023 01:30 – 04:00

The Officer advised that the Temporary Event Notices were circulated on 24 November 2022 to the responsible authorities, Suffolk Constabulary and West Suffolk Council’s Private Sector Housing and Environmental Health team.

Two representations, one for each Notice, were received by the Licensing Authority within the statutory time frame, on 25 November 2022, from West Suffolk Council’s Private Sector Housing and Environmental Health team, resulting in the necessitation of this Hearing. The details of the representations were provided to the applicant and were attached as Appendix D to the report. No representations were received from Suffolk Constabulary.

The Sub-Committee was advised that each Notice should be considered on its own merits, having regard to the Council’s Statement of Licensing Policy and the guidance issued under Section 182 of the Licensing Act 2003. Members were asked to disregard the reference to the adopted Cumulative Impact Assessment which had been mistakenly referenced in Paragraph 2.2 of the report and was not relevant to the matter before the Panel.

The Sub-Committee then heard the submission from the Premises User, following which they were given the opportunity to ask questions of the Premises User.

The Relevant Person was then given opportunity to speak on their representations made on each of the Notices, on conclusion the Sub-Committee was able to ask questions of the Relevant Person.

Following which the Premises User, Relevant Person and the Licensing Officers retired to another room to allow the Sub-Committee to give further consideration to the matter.

Following all parties’ return to the meeting room the Business Partner (Litigation/Licensing) advised on the Sub-Committee’s decision.

With the vote being unanimous, it was

RESOLVED:

That COUNTER-NOTICES BE ISSUED in respect of both Temporary Event Notices due to the following reasons:

1.   Having heard the oral submissions of the Premises User and the Relevant Person, the Sub-Committee  ...  view the full minutes text for item 37