Agenda and minutes

Application for Review of a Premises Licence

DECISION OF LICENSING ACT SUB-COMMITTEE

WEDNESDAY 21^ST NOVEMBER 2012

URBAN SPICE, 21 BROCK STREET, LANCASTER LA1 1UR

The Sub-Committee comprised of Councillor Roger Sherlock (Chairman), Councillor Josh Bancroft and Councillor Paul Woodruff.

The Legal Adviser was Luke Gorst, Solicitor.

The Democratic Support Officer was Jane Glenton, Democratic Services.

The Police (responsible authority) had submitted an application for review of a premises licence under Section 51 of the Licensing Act 2003. The application related to Urban Spice, 21 Brock Street, Lancaster LA1 1UR. 

During the prescribed consultation period a further representations was received from Lancaster City Council’s Regeneration and Planning department as a responsible authority.

Sgt James Martin was present on behalf of the Police who had made the application as a responsible authority.

A representative from the Planning department was not present however they had indicated that they wanted their written representation to be considered.

The premises licence holder Mr Siraj Bapu was not present at the hearing and had not given any reason for his non attendance.

Sub-Committee was satisfied that all the parties had received proper notice of the hearing and there was no good reason for Mr Bapu’s absence. Given the fact this was a review by the police, who were present, the Sub-Committee decided to hear the matter in the premises licence holder’s absence.

The Licensing Manager, Wendy Peck, then introduced the report.

Sgt Martin then presented the applicant’s case stating that the premises had on numerous occasions been found to be in breach of the conditions on the licence. He went on to explain that the premises licence holder had effectively washed his hands of any involvement in the business and it was the lease holder, Mr Hakim, who ran the takeaway.

In addition to the breaches the leaseholder had just been successfully prosecuted by the Planning department for failing to comply with a breach of condition notice, in that he continued to sell hot food and drink for consumption off the premises when the premises had no planning permission for this activity.

The Sub-Committee withdrew to make its decision, and sought advice from its legal adviser as to the appropriate phraseology of the decision.

DECISION

The Sub-Committee has carefully considered all the written information before it, and all the representations and views expressed at the hearing.

The Sub-Committee has noted that the application relates to a review of the premises licence for Urban Spice, 21 Brock Street, Lancaster LA1 1UR. 

The Sub-Committee has noted the concerns of the Police relate to the persistent failure of the premises licence holder to comply with conditions on the premises licence relating to door-staff, community radio and CCTV provision.

The Sub-Committee has heard evidence that the leaseholder, who is effectively running the business, has now been convicted for a breach of planning condition. Although the planning and licensing regimes are separate and have different terms of reference, the prevention of crime and disorder is a matter of concern for this  ...  view the full minutes text for item 12.