Agenda and minutes

Application to Transfer the Premises Licence

APPLICATION TO TRANSFER PREMISES LICENCE

DECISION NOTICE OF LICENSING ACT SUB-COMMITTEE

WEDNESDAY, 15^TH MARCH 2017

The Sub-Committee comprised of Councillor Terrie Metcalfe (Chairman), Councillor Mel Guilding and Councillor Sylvia Rogerson.

The Legal Adviser was Luke Gorst, Solicitor.

The Democratic Support Officer was Jane Glenton, Democratic Services.

An application had been made under Section 42 of the Licensing Act 2003 to transfer the premises licence for Mognies Restaurant and Takeaway, 66 Penny Street, Lancaster to Mrs. Savera Siraj Patel.

The Police had submitted an objection to the application by giving a Notice under Sections 42(6) and (7) of the Licensing Act 2003.

Mr. Richard Williams of Joelson Solicitors represented the Police, who had made the application on the grounds of the prevention of crime and disorder.  PC Andy Taylor was also present and was accompanied by Sergeant Helen Parkinson.  

The applicant was present and was represented by John Halewood-Dodd and David Collinson of LHD Solicitors.

The Chairman explained the procedure to those present, and stated that the hearing would be a discussion led by the licensing authority, and any questions would be put through the Chairman.

David Eglin, Licensing Officer, introduced the report, and stated that the application had been for the transfer to have immediate effect from the date of application, and therefore Mrs. Patel was currently the premises licence holder pending the outcome of the hearing.

Mr. Williams then presented the Police case and requested that the transfer of the premises licence to the applicant should be refused as it would undermine the crime prevention objective to allow the applicant to continue as the premises licence holder.

Mr. Halewood-Dodd then presented the applicant’s case and Mrs. Patel helped answer questions.

After summing up, the Sub-Committee withdrew to makes its decision, and sought advice from its legal adviser as to the appropriate phraseology of the decision.

DECISION

The Sub-Committee has noted that the application relates to the transfer of the premises licence for Mognies Takeaway to Mrs. Savera Siraj Patel.

The Sub-Committee has to consider whether the exceptional circumstances surrounding the transfer are such that the transfer will lead to the undermining of the crime and disorder prevention objective.

Guidance issued under Section 182 of the Licensing Act 2003 states:

“In exceptional circumstances where the Chief Officer of Police believes the transfer may undermine the crime prevention objective, the Police may object to the transfer.  Such objections are expected to be rare and arise because the Police may object to the transfer.  Such objections are expected to be rare and arise because the Police have evidence that the business or individuals seeking to hold the licence or business or individuals linked to such persons are involved with crime (or disorder).”

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 heard evidence from the Police that they are objecting to this application because the applicant is the wife of the current premises licence holder.  Mr.  ...  view the full minutes text for item 14.