Agenda item

The Director of Neighbourhood and Environmental Services submits a report for a review of an existing premises licence for City Off Licence, 171a Belgrave Gate, Leicester.

Before the hearing, the Sub-Committee watched the body camera footage previously submitted by the Leicestershire Police. The hearing started at 10:47am.

Councillor Barton, as Chair led on introductions and outlined the procedure the hearing would follow.

The Director of Neighbourhood and Environmental Services submitted a report for an application for a review of an existing premises licence for City Off Licence, 171a Belgrave Gate, Leicester.

PC Jefferson Pritchard was present having made representations on behalf of Leicestershire Police. Also in attendance were the premises licence holder Mr Nawzad Sharif-Nazhad, and his representative Mr Rob Edge, licensing agent from Licence Leader Ltd. Also present were the Senior Regulatory Officer and the Legal Adviser to the Sub-Committee. A reporter from Local Democracy Reporting Service was present as observer.

The Senior Regulatory Officer presented the report and outlined details of the application.

PC Pritchard, Police Constable for Leicestershire Police, was given the opportunity to outline the details of their review application and answered questions from Members.

Mr Edge and Mr Sharif-Nazhad were given the opportunity to address the Sub-Committee and answered questions from the Members.

All parties present were then given the opportunity to sum up their positions and make any final comments.

The Sub-Committee received legal advice from 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 their 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, Members felt they should deliberate in private on the basis that this was in the public interest, and as such this outweighed the public interest of their deliberation taking place with the parties represented present, in accordance with the Licensing Act 2003 (Hearings) Regulations 2005.

The Chair announced that the decision and reasons would be announced in writing within five working days. The Chair informed the meeting that the Legal Adviser to the Sub-Committee would be called back to give advice on the wording of the decision.

The Sub-Committee recalled the Legal Adviser to the Sub-Committee to give advice on the wording of the decision.

RESOLVED:

The Sub-Committee considered all of the evidence and determined that the Crime Prevention objective had been undermined through the premises being used to further crime and it appropriate and proportionate to REVOKE the licence.

REASONS

1.    The body-cam footage viewed by the Sub-Committee led it to conclude that the cause or cause of the concerns which gave rise to this review was the criminal activity associated with premises and the premise licence holder.

2.    The Sub-Committee accepted the evidence set out in the witness statements supporting the review application. The witness statements corroborated the body cam footage.

3.    The Sub-Committee did, as invited to by Mr Edge, consider removing the designated premises supervisor however Mr Sharif-Nazhad was both the premises licence holder and the designated premises supervisor and his removal would have no impact on the cause or causes of the concerns which led to the review application being made.

4.    The Sub-Committee  considered  other lesser sanction available to it, including suspension of the licence for a short period, however given the seriousness of allegations and reviewing Mr Sharif-Nazhad past history at Uni Off Licence, the Sub-Committee had no confidence in his ability to uphold the licensing objective relating to crime and disorder and concluded that in the interest of the wider community it was proportionate to revoke the licence.

Any appeal against the decision must be made within 21 days to the Magistrates Court.