Cllrs:   T Nicols (Chairman)

K M Collins

            T Swain

The Chairman introduced himself.  The other attendees then introduced themselves.

None.

To approve as a correct record the minutes of the adjourned hearing of the Licensing Sub-Committee held on 28 July 2017 (copy attached).

RESOLVED

that the minutes of the hearing of the Licensing Sub-Committee held on 28 July 2017 be confirmed and signed by the Chairman as a correct record.

To receive from Members any declarations of interest.

None declared.

Mr Ali Iraj Azhir.

Buzz Wines Ltd, 17 North Street, Leighton Buzzard, Bedfordshire, LU7 1EF.

Cllr K M Collins

Cllr T Nicols

Cllr T Swain

Mrs I Best – Senior Enforcement Officer (Trading Standards) (Central Bedfordshire Council)

Mrs M James – Principal Public Protection Officer (Licensing) (Central Bedfordshire Council)

Mr L Manning – Committee Services Officer (Central Bedfordshire Council)

Ms S McIntyre – Senior Solicitor, Regulation and Litigation (LGSS Law Ltd for Central Bedfordshire Council)

Acting Sergeant L Mitchell – Licensing Officer (Bedfordshire Police)

Mr S Muthaiya

Mrs K Natkunam – Premises Licence Holder

To note the procedure for hearing applications under The Licensing Act 2003 (copy attached).

The procedure for the hearing of applications made under the Licensing Act 2003 was introduced by the Chairman and noted.

To note the four Licensing Objectives (copy attached).

The four Licensing Objectives were noted.

To note chapter 11 of the revised guidance (dated April 2017) issued under Section 182 of The Licensing Act 2003 which provides advice relating to applications for the review of a premises licence (copy attached).

Chapter 11 of the revised guidance (dated April 2017) issued under Section 182 of the Licensing Act 2003 which provided advice relating to applications for the review of a premises licence was noted.

To consider an application by Trading Standards for the review of the premises licence for Buzz Wine, 17 North Street, Leighton Buzzard, Beds.

(Note: Additional information submitted by the Police on 11 September 2017 is attached at the end of the original report).

The Sub-Committee considered a report from the Head of Public Protection which sought Members’ determination an application by Central Bedfordshire Council’s Trading Standards for the review of the premises licence for Buzz Wine at 17 North Street, Leighton Buzzard, Bedfordshire.

The Principal Public Protection Officer (Licensing) reminded the Sub-Committee that the review had been sought against Mr A Azhir, the former Premises Licence Holder (PLH) and (at that time) Designated Premises Supervisor (DPS) of the premises.  The Sub-Committee had met on 28 July 2017 to consider the application for the review but the meeting had been adjourned for the reasons set out in the minutes.

The Principal Public Protection Officer (Licensing) now advised Members that Mr Azhir was no longer DPS for the premises, this function having recently been transferred to Mrs Natkunam, the current Premises Licence Holder for Buzz Wine.  Based on this development, Mr Azhir had informed the Council that he had no longer had any connection with the business.

In response to a query by the Chairman, the Senior Solicitor, Regulation and Litigation stated that, whilst any previous alleged actions by Mr Azhir could still be relevant to the review and could not be ignored, they had not occurred under the ownership of Mrs Natkunam and she could address any of the issues which had arisen. 

In response to a request by the Chairman the Acting Sergeant, Bedfordshire Police provided a synopsis of the events leading to the current situation from the police perspective.  He referred to the recent receipt of an application to vary the DPS for the premises and stated that he had met with both Mrs Natkunam and her husband, Mr Muthaiya, and had no representations to make against the former becoming DPS for the premises.  The Acting Sergeant then referred to the evidence presented by the police as appendices to the report of the Head of Public protection.  He advised that there were two issues of concern.  The first regarding the sale of alcohol to children under the age of 18 for which Mr Azhir had been successfully prosecuted at Luton Magistrates’ Court.  The second related to the supply of alcohol to street drinkers resulting in incidents of anti-social behaviour in the locality of the shop.  The Acting Sergeant referred Members in particular to the large amount of evidence in the form of witness statements which formed appendices to the report of the Head of Public Protection.    He stressed that all of the alleged activity had taken place prior to Mrs Natkuman assuming the roles of DLH/DPS.  Nonetheless he also stressed the importance of adding at least some of the five voluntary conditions (set out in Appendix B to the report) to the premises licence which had originally been proposed to, and then rejected by, Mr Azhir.  Such conditions had included no sales of single cans or bottles of beer, lager or cider and no sale of super strength beer, lager or cider 6.5% AB or above as these  ...  view the full minutes text for item 12.