Minutes:
The Director of Neighbourhood and Environmental Services submitted a report that required the Sub-Committee to determine an application for a review of an existing premises licence for Shiv Shakti Pan Centre, 216 Green Lane Road, Leicester, LE5 4PA.
The Sub-Committee noted that an application for the review of the existing premises licence had been received which necessitated that the application had to be considered by Members.
Mr Rahul Keshvala the Premises Licence Holder (PLH) was present and accompanied by Ms Usha Keshvala (sister) and an Interpreter. Mr Dave Braithwaite (Police Assistant Licensing Manager, Leicestershire Police), Mr Nigel Rixon (Licensing Manager, Leicestershire Police), PC Ben Hill (Local Licensing Officer, Spinney Hills, Leicestershire Police) and Ms Liz Johnson (Food Safety Team, Leicester City Council), Licensing Team Manager (Policy and Applications) and Legal Adviser to the Sub-Committee were also present.
Introductions were made and the procedure for the meeting was outlined to those present. Mr Keshvala was asked if he had a copy of the report to which he confirmed that he had.
The Licensing Team Manager (Policy and Applications) presented the report and outlined the details of the application. It was noted that an application for the review of a premises licence was received on 30th December 2019 from Leicestershire Police on the grounds of the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm. The Police were concerned how the premises was being operated.
It was further noted that a representation was received on 15th January 2020 from the Food Safety Team at Leicester City Council on the grounds of public safety. The Food Safety Team were concerned that the business failed to register as a new food business and following an inspection were found not to comply with food law requirements which demonstrated a disregard for regulatory requirements and public safety.
The Licensing Team Manager (Policy and Applications) had presented up to Section 10.1 in the report. The Legal Adviser to the Sub-Committee made reference to the fact the translator had not relayed any information presented from the report to Mr Keshvala, whereupon the translator stated Mr Keshvala did not have a copy of the report. Mr Keshvala was provided with a copy of the report. The Licensing Team Manager (Policy and Applications) explained that the applicant would have had a copy of the report sent to him, and that Mr Keshvala had attended two previous meetings which had been adjourned.
The Chair explained the translator could go through the report with the applicant, but the offer was declined. The Licensing Team Manager (Policy and Applications) completed presentation of the report.
Mr Dave Braithwaite, Police Assistant Licensing Manager outlined the reasons for the objection, referring to additional information of incidents reported at the premises. Video footage of breaches was shown to those present at the meeting. Questions from Members and Mr Keshvala (through the translator) were answered by Mr Braithwaite and PC Hill.
Ms Liz Johnson, Food Safety Team, outlined the reasons for the representation and answered questions from Members.
Mr Keshvala through his interpreter was given the opportunity to respond to the objections and outlined reasons why he should retain the premises licence and answered questions from Members. Mr Keshvala informed the meeting that CCTV was working and an additional camera had been installed to the front of the property. He further informed the meeting that a double-glazed door had now been installed where there was once a curtain, which was kept locked to prevent people going to the rear of the property.
At this point of the meeting Councillor Fonseca, as Ward Councillor, declared for the avoidance of doubt that he knew PC Oleh referenced in the representation from the Police.
All parties were then given the opportunity to sum up their positions and make any final comments.
The Sub-Committee received legal advice form the Legal Adviser to the Sub-Committee in the presence of all those present and were advised of the options available to them in making a decision. The Sub-Committee were also advised of the relevant policy and statutory guidance that needed to be taken into account when making their decision.
In reaching their decision, the Sub-Committee felt they should deliberate in private on the basis that this was in the public interest and as such outweighed the public interest of their deliberation taking place with the parties represented present.
Mr Keshvala, Ms Keshvala and Interpreter, Mr Braithwaite, Mr Nigel Rixon, PC Ben Hill, Ms Johnson, Licensing Team Manager (Policy and Applications) and Legal Adviser to the Sub-Committee then withdrew from the meeting.
The Sub-Committee then gave the application full and detailed consideration. The Legal Adviser to the Sub-Committee was recalled to the meeting to advise Members on the wording of their decision.
Mr Keshvala, Ms Keshvala and Interpreter, Mr Braithwaite, Mr Nigel Rixon, PC Ben Hill, Ms Johnson, and Licensing Team Manager (Policy and Applications) then returned to the meeting.
RESOLVED:
That the premises licence for Shiv Shakti Pan Centre, 216 Green Lane Road, Leicester be REVOKED.
The Sub-Committee had been asked to determine an application for a Review of a Premises Licence. In reaching their decision the Sub-Committee Members had carefully considered the Committee report, all representations made by Leicestershire Police and Leicester City Council’s Food Safety Team in support of the application for the review, representations made by the Premises Licence Holder, and the legal advice given to them during the hearing.
The Sub-Committee Members considered the licensing objectives to be of paramount concern and had considered the application on its own merits and in accordance with the licensing authority’s Statement of Licensing Policy and guidance issued under Section 182 of the Licensing Act 2003.
The Sub-Committee Members noted that the premises had a licence to operate and provide the supply of alcohol for consumption off the premises only.
Leicestershire Police had asked for the review of the premises licence after attending on a number of occasions, only to discover that alcohol was being consumed on the premises, despite previous warnings being given to the Premises Licence Holder.
The Sub-Committee heard that on the 7th November 2019, the Premises Licence Holder, Mr Rahul Keshvala pleaded guilty to an offence of carrying on an unauthorised licensable activity, contrary to Section 136 of the Licensing Act 2013 in that that he allowed the consumption of alcohol to take place on his premises. Despite this, it was noted that on the 6th January 2020 a Police Officer attended the premises and discovered again that alcohol was being consumed on the premises.
From the Premises Licence Holder, the Sub-Committee had heard a number of representations which were summarised as follows:
· The CCTV on the premises was now in good working order.
· A double-glazed door had now been installed where there was once a curtain, which was kept locked.
The Sub-Committee Members spent time scrutinising the evidence put before them in detail and had considered each of the options available to them. As a result of what they had heard they were satisfied that the representations by the Police and the Food Safety Team engaged with all of the licensing objectives namely:
· Public Safety
· Prevention of Crime and Disorder
· Prevention of Public Nuisance
· Protection of Children from Harm.
REASON FOR THE DECISION
The Sub-Committee Members stated that Mr Keshvala was unable to promote the licensing objectives as despite previous warnings and visits from the Police and Food Safety Team serious breaches had occurred over a long period of time. Members did not believe that any modification to the licence conditions which were justifiable and appropriate could be made to prevent the incidents complained of from happening again and as a result they therefore revoked the premises licence.
Mr Keshvala was informed that he had 21 days to appeal to the Magistrates Court.