Agenda and minutes

The Licensing Panel considered the appointment of a Chairman for the meeting.

Resolved:

That Councillor Hutton be appointed Chairman for the meeting.

Members are asked to declare any interests in the items under consideration and in doing so state:-

(1) the type of interest concerned

(2) the nature of the interest concerned; and

(3) whether they have or have not sat on a Planning Committee which has previously considered a planning application in respect of a licensed premises which is also subject to consideration for a premises licence as part of the agenda for this meeting.

If any Member requires advice on declarations of interests, they are advised to contact the Head of Democratic Governance in advance of the meeting.

(Members are asked to also pay particular attention to the guidance sheet on interests supplied with the agenda).

There were no declarations of interest on this occasion.

The Chairman explained the procedure for the meeting including that the Temporary Event Notices would be dealt with at the same time as the review of the Premises Licence and that an equal time limit of thirty minutes would be allocated for all parties.

a. APPLICATION AND REPRESENTATIONS SUBMITTED. To consider the attached report

b. DETERMINATION OF THE APPLICATION FOR A PREMISES LICENCE- Food Lounge

c. ANNOUNCEMENT OF THE DECISION FOR A PREMISES LICENCE- Food Lounge

 The Licensing Panel considered an application to review the Premises Licence issued in respect of Food Lounge, 22 Market Street, the application for review had been submitted by Lancashire Constabulary with supporting representations from the Licensing Authority and the Child Protection Licensing Officer. It was noted that the Licence Holder at the time of the  submission of the review application was Mr Curtis Marsden but a transfer was subsequently received to Mr Amir Abdun. The applicant for the review and the representors all considered that notwithstanding the transfer the issues identified in the review application remained relevant.

Sergeant Helen Parkinson, Lancashire Constabulary, was in attendance and highlighted the concerns of the Police regarding the operation of the premises. She emphasised the serious issues of the Police regarding the operation of the premises particularly concerns that premises would continue to undermine the Licensing Objectives of the prevention of crime and disorder and protection of children from harm. Serious concerns were also expressed regarding the conduct of Mr Awadi who continued to hold a controlling interest in the premises and this raised ongoing concerns given Mr Awadi’s previous breaches of licensing law and criminal convictions.

Mr Mark Marshall, Licensing and Health and Safety Manager, was in attendance and made representations on behalf of the Licensing Authority. He highlighted concerns regarding the operation of the premises and especially issues regarding the failure of the premises to correctly dispose of waste. He also emphasised the concerns  that either Mr Awadi would continue to be involved in the premises or the premises would continue to be operated in a unacceptable manner impacting on the Licensing Objectives.

Ms Louise Scales, Child Protection Licensing Officer, was in attendance and made representations. She highlighted Social Services’ concerns regarding the premises failing to protect vulnerable children who were known to visit the premises and the belief believe that the management of the premises have failed to support the licensing objective of Preventing Crime and Disorder and Protecting Children from Harm.

Mr Amir Abdun was in attendance and made representations in support of the Premises Licence. He highlighted that he was not connected to the previous Premises Licence holder nor the leaseholder and that he would operate the premises in line with the Licensing Objectives.

The Licensing Panel expressed significant concerns that the premises undermined the Licensing Objectives of Prevention of Public Nuisance, Prevention of Crime and Disorder and Protection of Children from Harm. As at the review hearing the Panel did not consider that Mr Abdun would be suitably distant from Mr Awadi in the operation of the premises nor would his control of the business result in improvements in its operation of thepremises.

The Panel therefore concluded that the only step it could take to ensure the Licensing Objectives were upheld was to revoke the Premises Licence.

Resolved:

That the Premises Licence for Food Lounge, 22 Market Street, be revoked.