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Appointment of Chair
That Councillor I T Irvine be appointed Chair for the Hearing.
Disclosures of Interest
In accordance with the Council's Code of Conduct, councillors are reminded that it is a requirement to declare interests where appropriate.
No disclosures of interests were made.
Application for the Review of a Premises Licence - Saad News, 8 Brighton Road, Crawley, RH10 6AA (Southgate Ward)
To consider report HCS/061of the Head of Community Services, including related Appendices A - H.
Further information from Saad News (documents 1 and 5 of Appendix H) to follow.
The Sub-Committee considered an application to review the Premises Licence held in respect of the premises Saad News Agent Ltd, 8 Brighton Road, Crawley, RH10 6AA (Southgate Ward).
Following the introduction of those present at the Hearing, the Senior Lawyer outlined the procedure for the Hearing, a copy of which had accompanied the documentation issued prior to the meeting. The Senior Lawyer informed all parties that the Sub-Committee had requested a pre-meeting with the Senior Lawyer and Democratic Services Officer prior to the commencement of the Sub-Committee, to confirm the procedure that would be followed during the Hearing. At that pre-meeting, the Sub-Committee had confirmed receipt of the supplementary agenda documents which had been circulated following publication of the main agenda. It was confirmed that the Sub-Committee had not asked for clarification of any aspect of the application or on the representations received from any party.
The Senior Lawyer then asked all parties present, if they wished to make any relevant applications, for example additional information or for an adjournment. No applications were made.
The Chair informed the meeting that although the application and other material circulated ahead of the meeting was exempt (Part B), it was the intention to hold the discussion in Open – Public Session (Part A).
Report HCS/061 of the Council’s Head of Community Services was presented by the Health, Safety and Licensing Team Leader for Crawley Borough Council.
The Council’s Health, Safety and Licensing Team Leader, informed the Sub-Committee that on 2 May 2023, WSCC Trading Standards had submitted an application to the Council as the Licensing Authority for the Borough of Crawley for a review of the Premises Licence in respect of Premises known as Saad News Agent Ltd, 8 Brighton Road, Crawley. The application was detailed in Appendix A to the report HSC/061 and sought a review on the grounds that the licence holder was not promoting the statutory Licensing Objectives of prevention of crime and disorder and protection of children from harm.
Trading Standards contended that the licensing objectives had been undermined by the Premises Licence Holder (PLH) and Designated Premises Supervisor, Mr Riafan Caseem Lebbe, following a test alcohol purchase failure, and had also failed to ensure the licensed premises was run in accordance with the conditions attachedto thePremises Licenceto appropriately deal with the management of the premises.
A copy of the Location Plan was attached as Appendix B to the report, along with the Premises Licence and Premises Layout Plan (Appendix C), and further evidence submitted from WSCC Trading Standards as Appendix D.
It was confirmed that the application had been advertised in accordance with legislation, and as a result of the consultation process, three relevant representations had been received.Further to the initial application for a review of the Premises Licence, additional evidence had been submitted by WSCC Public Health (Appendix E to the report) supporting the review application by Trading Standards which sought a suspension of the Premises Licence and together with additional ... view the full minutes text for item 3.
Exempt Information – Exclusion of the Public
The Committee is asked to consider passing the following resolution:
That under Section 100A (4) of the Local Government Act 1972 the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act by virtue of the paragraphs specified against the item.
In accordancewith Regulation14(2) ofthe LicensingAct 2003(Hearings) Regulations 2005, the public be excluded from the following part of the hearing.The Sub- Committee considered that the public interest in taking such action outweighed the public interest in the hearing taking place in public.
Application to Review the Premises Licence - Saad News Agent Ltd, 8 Brighton Road, Crawley, RH10 6AA (Southgate Ward)
The Sub-Committee gave further consideration to the application, to the matters raised at the hearing. In formulating its decision, the Sub-Committee took into account the options that were available to it andconsidered what was appropriate to ensurethat the licensing objectives were promoted.
The Sub-Committee, having considered the application and the relevant representationsin detail,resolved totake theactions detailedin Appendix 1to these minutes for the reasons set out therein.
Re-admission of the Public
TheChair declaredthe hearingre-open forconsideration ofbusiness inpublic session.
Application to Review the Premises Licence - Saad News Agent Ltd, Crawley, (Southgate Ward)
The Senior Lawyer informed those present of the legal advice she had provided during the Sub-Committee’s deliberations, which was to remind the Sub-Committee of the steps available to them and that in coming to their decision they must have regard to the statutory guidance and the Council’s policy.
The Chair on behalf of the Sub-Committee, read out the Sub-Committee’s decision and reasons as detailed in Appendix 1 to these minutes. It was also announced that all parties would receive a copy of the decision notice within five days of the Hearing.