Members resolved that Cllr McCheyne should chair the meeting.

Members are respectfully reminded that, in determining the matters listed below, they are exercising an administrative function with the civil burden of proof, i.e. ‘on the balance of probabilities’.  The matter will be determined on the facts before the Sub-Committee and the rules of natural justice will apply.

Members were respectfully reminded that, in determining the matters listed below; they were exercising an administrative function with the civil burden of proof, i.e. ‘on the balance of probabilities’.  The matter would be determined on the facts before the Sub-Committee and the rules of natural justice would apply.

 An application had been made to Brentwood Borough Council for the transfer of premises licence for The Raj, 21 Kings Rd., Brentwood CM14 4DJ

The application was brought before the Licensing Sub-Committee for determination on 28th June 2019 following representations from a Responsible Authority (the Police).

The Sub-Committee first heard from the licensing officer Dave Leonard who outlined his report. Mr. Leonard explained to the Committee that the application was under section 42 Licensing Act 2003. The Committee agreed to hear the application for transfer of premises license and change of designated premises supervisor together.

This premise was currently a restaurant specialising in Indian cuisine situated in Kings Street, Brentwood High Street, and it had been licensed for the Sale by Retail of Alcohol & Late Night Refreshment. The premises license had been revoked by the Committee previously.

On 2nd May 2019 the Applicant Kalam Ullah submitted an online application with the intention to transfer the existing premises license to Kalam Ullah from Badsha Miah. There was also an application to vary the existing Designated Premises Supervisor who is Badsha Miah to Kalam Ullah.

The Committee then heard from the Police. Mr. Jones for the Police stated that the relevant premises had been raided by the Immigration Services in 2014 and November 2018 and on the latter occasion 5 illegal workers were found to be working at the Restaurant. Serious immigration offences relating to unauthorised employment of illegal immigrants had been committed by the Restaurant owner. It was shortly after this that the first transfer application followed by 2 subsequent applications had been commenced and refused by the Committee on 3 separate occasions. The present application was identical to the one refused apart from the new conditions which had been offered. It was the view of the Police that this was a cynical attempt to give the impression that because there had been a transfer that the new regime would be less likely to commit further offences. 

Mr.Jones explained that Kalam Ullah was Badsha Miah’s brother and that the transfer was an attempt to avoid the consequences of the Immigration offences since Badsha Miah and Kalam Ullah were joint leaseholders of the premises and therefore had effective control of the business. The brothers had been joint leaseholders of the premises since 2004. Mr. Jones explained even now the brothers were careless as a visit to the premises the previous Friday showed that the license was not posted up on the premises as required.

The Committee then heard from Mr Dadds representing the Applicant who stated that the Committee had to have an open mind to the application and exclude from its mind any the previous refused application. The previous refusals had been appealed. Also despite the revocation of the premises license that the Committee should keep an open mind on the transfer application. Mr. Dadds then stated that Mr. Leonard should not have attended the premises on the previous Friday as stated, give evidence about that attendance and then  ...  view the full minutes text for item 87.

The application to vary the Designated Premises Supervisor had been considered together with the application to transfer the premises licence which had been refused by the Licensing sub-committee.

This report is confidential and details are exempt by virtue of Part 1 of Schedule 12 Local Government Act 1972 because it contains information relating to an individual.

An application had been received by Brentwood Borough Council for the renewal of a combined Hackney Carriage and private Hire Drivers Licence.  The applicant had a recent relevant conviction which fell outside the Council’s policy and therefore the matter needed to be considered by the Licensing Sub-committee.

The Sub-committee was addressed by the Licensing Officer and the applicant.  Having considered the exempt report and oral submissions Members REFUSED the application.