Venue: Microsoft Teams
Contact: Sarah Sellers Democratic Services Officer
Election of Chair for the Meeting
To elect a Councillor from the Sub-Committee to act as Chair for the meeting.
Councillor Julian Grubb was elected as Chair for the meeting.
The Chair welcomed the Committee members, officers, the applicant and his representative and other parties to the virtual Licensing Sub-Committee meeting.
The Chair informed all those present that the meeting was being live streamed on the Council’s YouTube channel to enable members of the public to observe the Sub-Committee meeting.
There were no apologies or substitutions on the part of the Councillors making up the Sub-Committee.
One of the interested parties who had registered to speak, Mrs Maureen Berry, was not able to attend and had asked for her apologies to be given.
Declarations of Interest
To invite Councillors to declare and Disclosable Pecuniary Interests and/ or Other Disclosable Interests they may have in items on the agenda, and to confirm the nature of those interest.
There were no declarations of interest.
Prior to the commencement of the Hearing and with the agreement of the Chair; the Council’s Legal Advisor, informed Members that the Technical Officer (Licensing), Worcestershire Regulatory Services had received a copy of a letter (dated 27th April 2021), sent to the Applicant, from Hereford and Worcester Fire and Rescue Service (HWFRS).
The Council’s Legal Advisor then asked the Applicant’s representative, Mr. M. Burton, Partner, MFG Solicitors, if he intended to refer to this letter when he addressed the Committee in support of his client’s application.
Mr. Burton referred to the Licensing Sub-Committee agenda pack and the letter from HWFRS, as detailed on page 31 of the agenda pack. His client confirmed that he had not received the additional letter from HWFRS.
With the agreement of the Chair, the Council’s Legal Advisor provided Mr. Burton with a copy of the letter from HWFRS dated 27th April 2021. The Chair further agreed to a short adjournment in order for Mr. Burton to speak privately with his client regarding the contents of the letter.
Accordingly, the meeting stood adjourned from 14:24 hours to 14:30 hours.
Having reconvened, Mr. Burton explained that he had gone through the contents of the letter with his client and the three areas of work as detailed in the letter.
Mr. Burton agreed for a copy of the letter to be provided to Sub-Committee Members, the two people in attendance at the Hearing, who had submitted representations and for the letter to be published on the Council’s website as Supplementary Agenda papers.
In response to Mr. Burton, the Council’s Legal Advisor, clarified that the Technical Officer (Licensing), WRS had been notified that the original objection from HWFRS remained.
In response to Mr. Burton, the Council’s Legal Advisor further clarified that Sub-Committee Members could issue such a licence, should they so wish, subject to a condition that all fire safety standards were met.
The Sub-Committee then considered an application for a Premises Licence, submitted by Mr. S. Mahmood, in respect of Chillies Restaurant and Takeaway, The Blue Inn, Far Moor Lane, Redditch, Worcestershire, B98 0SD.
The application was subject to a Hearing in light of 16 representations being received from members of the public. The basis of their representations was on the grounds of Public Nuisance and the Prevention of Crime and Disorder, as detailed on pages 33 to 58 of the main agenda report.
Hereford and Worcester Fire & Rescue Service (HWFRS), as a Responsible Authority, had also submitted a representation in objection, as detailed on page 31 of the main agenda report. A copy of a further letter to Mr. Mahmood, dated 27th April 2021 was received by the Technical Officer (Licensing), WRS, as detailed by the Council’s Legal Advisor prior to the commencement of the Hearing.
The Technical Officer (Licensing) WRS, introduced the report and in doing so highlighted that, during the application process the applicant had agreed with West Mercia Police to amend the hours for the sale of alcohol, as detailed at paragraph 3.1, page 3 of the main agenda report, as follows:-
Sale of Alcohol
Sunday to Thursday 12:00 to 22:30
Friday and Saturday 12:00 to 23:30
The Technical Officer (Licensing), WRS drew Members’ attention to the conditions from West Mercia Police, which the applicant had agreed to, as detailed on pages 3 to 5, of the main agenda report.
The Technical Officer (Licensing), WRS further drew Members’ attention to the representations received, as detailed on pages 33 to 58 of the main agenda report.
In response to Mr. P. Berry, the Council’s Legal Advisor highlighted that the meeting of the Sub-Committee held on 4th May 2021, when Members first considered the application; was that, following a request from the applicant to adjourn the meeting, Sub-Committee Members had agreed to adjourn the meeting in order for the applicant to seek legal representation at a future meeting.
In response to further questions from Mr. Berry, the Chair highlighted that as explained and as highlighted in the Council’s Hearing Procedures, that following on from the Technical Officers report, all those present could ask questions of the Technical Officer on his report. Those who were present at the virtual meeting, who had submitted representations, would be invited to address Sub-Committee Members, as detailed in the Hearing procedures.
The Chair then invited Mr. M. Burton, Partner, MFG Solicitors, the applicant’s representative, to put forward the case in support of the application.
Mr. Burton informed Members that his client, Mr. S. Mahmood, had purchased the property from the appointed receivers, who had surrendered the premises licence. The property had previously held a more extensive premises licence, than that being sought by his client, from 2005 until 2020.
Mr. Burton continued and explained that, after having spoken with West Mercia Police, that his client had agreed to the reduced hours and conditions as requested by West Mercia Police and therefore the police ... view the full minutes text for item 11.