Issue - meetings

To consider a report of the Corporate Director for Place Management & Regeneration.

The report details an application received on behalf of the Chef Immigration Officer to review the premises licence of Sangam 3, 202 Wilmslow Road, Heald Green, SK8 3BH.

The Sub-Committee is recommended to consider and determine the application.

Officer contact: Caitriona Muldoon on 0161 474 4162 or email: caitriona.muldoon@stockport.gov.uk

A representative of the Corporate Director for Place Management and Regeneration submitted a report (copies of which had been circulated) detailing an application made by the Chief Immigration Officer on behalf of the Secretary of State for the Home Department, being a responsible authority under the Licensing Act 2003, exercising its statutory function to promote the prevention of crime and disorder licensing objective, for a review of the premises licence for Sangam 3, 202 Wilmslow Road, Heald Green.

It was reported that the matter had previously been considered by a meeting of the Sub-Committee on 16 August 2017 at which it was resolved to revoke the premises licence.  The matter had been the subject of an appeal, and had been remitted back to the Licensing Authority to determine whether the revocation still stood in light of the fact that the premises licence had subsequently been transferred from the previous premises licence holder, Mr Salim, to Mr Ali.  The application for the transfer of the premises licence had been granted following the receipt of no objections from any interested party.

In giving further consideration to the matter of the revocation of the premises licence, it was noted that the Chief Immigration Officer had been given the opportunity to make further representations in relation to this matter but had declined to do so.  As such, the Sub-Committee considered the application for the review of the premises licence on the basis of the written evidence submitted as part of the original application and in the light of the oral representations made on behalf of the Premises Licence Holder at the hearing.

The Sub-Committee noted that in arriving at its decision to revoke the premises licence on 16 August 2017, consideration was given to the evidenced cases of sustained and persistent immigration offences at those premises operated by the Premises Licence Holder.  Specifically, the Sub-Committee held that the actions of the then Premises Licence Holder had undermined and continued to undermine the prevention of crime and disorder licensing objective.  In arriving at this judgement, the Sub-Committee expressed its view that it had no confidence in the then Premises Licence Holder’s ability to satisfactorily promote this licensing objective.

However, the Sub-Committee is now of the view that in transferring the premises licence, those concerns in relation to the ability of the previous premises licence holder (in the person of Mr Salim)  to promote this licensing objective could no longer be substantiated. 

It was then

RESOLVED - That in the light of the actions that had subsequently been taken in respect of the transfer of the premises licence, there were no outstanding issues at the premises that remained to be resolved by way of the application for review, and as such the decision of the Sub-Committee of 16 August 2017 to revoke the premises licences be rescinded and no further action be taken.