Agenda and minutes

To appoint a Vice-Chairman of the Sub-Committee for the remainder of the Municipal Year.

Councillor M Ali was appointed Vice-Chairman of the Sub-Committee for the remainder of the Municipal Year.

To approve the minutes of the meeting of the Licensing Sub-Committee B held on 12 September 2018 as published.

RESOLVED

That the minutes of the Sub-Committee held on 12 September 2018 be approved and signed as a true and correct record.

To receive declarations of disclosable pecuniary and other interests from Members in respect of any item to be considered at the meeting.

None.

To consider any business that the Chairman rules may be dealt with under Section 100B(4) of the Local Government Act 1972.

There were no items of Urgent Business.

Reporting Person – Matt Cobb

The Sub-Committee had before it a report regarding an application for a new Premises Licence for Budgens, 1 Chertsey Road, Woking, for which an objection had been received from Surrey Police.  Mr Khan-Sherwani, joint applicant for the Premises Licence with Mrs Chowdhury, attended the meeting.  Ms Crowley from Surrey Police attended the meeting as the objector to the application.

All parties present had a copy of the Licensing Committee’s agreed procedure to be followed at Licensing Sub-Committee hearings.  The Chairman introduced Members of the Sub-Committee and outlined the order of speaking which would be followed at the hearing.

The Licensing Authority’s representative, Mr Cobb, summarised the report that was before the Sub-Committee, stating that the application was for the sale of alcohol (off sales only) to take place between Monday and Saturday from 07.00 hours to 23.00 hours, and on Sunday from 08.00 hours to 22.30 hours.  Since the report had been published Mr Khan-Sherwani had put himself forward to be the new Designated Premises Superviser. 

Following a question by Cllr Howard regarding mention in the report of The Red Fort at paragraph 11, it was noted that the premises being investigated by the Licensing Authority for contravention of its Premises Licence.  The Premises Licence Holder was stated to be Mr Islam and Mr Sherwani-Khan was acting for him as a legal adviser from Welcome Skills.  Following a query by Cllr Ali, the Council’s Solictor Mrs McIntosh confirmed that the Sub-Committee was permitted to take into account the information provided regarding The Red Fort and it was a matter for the Sub-Committee as to the weight given to it.

Following a question by Cllr Ali, Ms Crowley advised that Budgens had failed one test purchase for the sale of alcohol to children in 2015 and two in 2018, which were within three months of each other.

A witness statement from Ms Crowley had been tabled at the meeting, which contained proposed conditions to be added to the Premises Licence if the Sub-Committee was minded to approve the application.  Ms Crowley confirmed that Surrey Police were recommending that the application be declined.

The Chairman gave the Applicant the opportunity to address the Sub-Committee.  Mr Khan-Sherwani advised that he held no connection with The Red Fort other than as a legal advisor for Mr Islam.  He confirmed that the Licensing Act 2003 had been breached at both premises.

In relation to Budgens, Mr Khan-Sherwani stated that he had three points to make: firstly to apologise for the three breaches that had taken place, noting that the staff member had been dismissed by Mr Islam at his request; secondly that he was aware the application before the Sub-Committee was very unlikely to succeed in light of the objection from Surrey Police; and that he had been due to purchase the store following attempts at conciliation with the Licensing Authority but was unlikely to complete due to their being no Premises Licence for the store.  ...  view the full minutes text for item 5.