Agenda and minutes

To approve as a correct record and sign the Minutes of the meeting held on 24 October 2018.

The Minutes (copies of which had been circulated) of the meeting held on 24 October 2018 were approved as a correct record and signed by the Chair.

Councillors and officers are invited to declare any interests which they have in any of the items on the agenda for the meeting.

Councillors and officers were invited to declare any interests which they had in any of the items on the agenda for the meeting.

No declarations were made.

To consider whether it is in the public interest to exclude the public during consideration of agenda item 5 (Licensing Act 2003: Application for the review of a premises licence at Sangam 3, 202 Wilmslow Road, Heald Green) as appendices to the report contained information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 and where the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

RESOLVED – That notwithstanding the submission of information as part of Agenda Item 5 – ‘Licensing Act 2003: Application for the review of a premises licence at Sangam 3, 202 Wilmslow Road, Heald Green’ which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that in the circumstances it was not necessary for the public to be excluded from the meeting.

Members of the public are invited to put questions to the Chair and members of the Sub-Committee on any matters within the powers and duties of the Sub-Committee, subject to the exclusions set out in the Code of Practice. (Questions must be submitted prior to the commencement of the meeting on the cards provided.  These are available at the meeting).

No public questions were submitted.

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.