Agenda and minutes

To approve as a correct record and sign the Minutes of the meeting held on 18 March 2015.

The minutes (copies of which had been circulated) of the meeting held on 18 March 2015 were approved as a correct record and signed by the Chair.

To consider whether it is in the public interest to exclude the public during consideration of agenda item 5 (Licensing Act 2003: Application for a Review of the Premises Licence at Raja Bros, 296 Gorton Road, Reddish, Stockport) as appendices to the report contain information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 and where the public interest in maintaining the exemption outweighs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for a Review of the Premises Licence at Raja Bros, 296 Gorton Road, Reddish, Stockport’ which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that unless it was necessary for this information to be heard openly during the proceedings of the hearing, the public not be excluded from the meeting.

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

No declarations were made.

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 for a review of the Premises Licence under Section 51 of the Licensing Act 2003 at Raja Bros, 296 Gorton Road, Reddish on the grounds that the licence does not support the protection of children from harm licensing objective.

The Sub-Committee is recommended to consider the application for a review of the premises licence at Raja Bros, 296 Gorton Road, Reddish.

Officer contact: Patrick Ware on 0161 474 4188 or email: patrick.ware@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 a representative of the Stockport Licensing Authority being a responsible authority under the Licensing Act 2003 exercising its statutory function to protect children from harm, for a review of the Premises Licence at Raja Bros, 296 Gorton Road, Reddish, Stockport.

A representative of the Stockport Licensing Authority and a representative of the Chief Officer of Greater Manchester Police, having made a relevant representation, in addition to the Premises Licence Holder and his representative, attended the meeting and answered Councillors’ questions in relation to the application.

The Sub-Committee, having heard the interested parties, proceeded to consider the protection of children from harm licensing objective in respect of the application, together with the relevant parts of the Council’s Licensing Policy and the guidance from the Department for Culture, Media and Sport.  However, the decision was reached on consideration of all the arguments given in relation to this specific application.

It was then

RESOLVED - The Sub-Committee heard an application for a review of the premises licence at Raja Brothers, 296 Gorton Road, Reddish, made on behalf of the Licensing Authority at Stockport Metropolitan Borough Council, being a responsible authority under the Licensing Act 2003 and exercising its statutory function to protect children from harm.  The Sub-Committee further noted the additional representation submitted on behalf of Greater Manchester Police in support of the application for the review of the premises licence that related to the protection of children from harm and prevention of crime and disorder licensing objectives.

Having considered all the evidence presented, the Sub-Committee was satisfied that the premises had demonstrated its inability to satisfactorily address the protection of children from harm licensing objective by virtue of its failure to comply with the conditions that had been imposed on its premises licence; specifically:-

·         a failure to display the premise licence;

·         a failure to appropriately use and maintain a refusals book;

·         a failure to maintain training records;

·         a failure on the part of management and staff to understand the premises’ age verification policy; and

·         a failure to retain CCTV images for the required 30 days.

The Sub-Committee further noted that that premises had previously been subject of a Review of its Premises Licence in December 2014 which had resulted in the removal of the then Designated Premises Supervisor, Mr Khuram Razaq following the evidenced cases whereby the premises when under his control had sold alcohol on three occasions to underage patrons, including one sale made by the current Designated Premises Supervisor, Mr Nazrulla Manaf: however, notwithstanding this action by the Sub-Committee, Mr Razaq had retained a significant involvement in the operation of the business.

The Sub-Committee was of the view that in the light of the historic and most recent failures by the premises to comply with the conditions of its premises licence, which demonstrated a sustained disregard for the protection of children from harm licensing objective, there were no further conditions that could be imposed and which would ameliorate the concerns expressed by both the Licensing Authority and Greater Manchester Police during the hearing, and accordingly it was determined that the Premises Licence should be revoked.