Agenda and minutes

The  minutes of the meeting held on 19 April 2012 were agreed as an accurate record.

Officers said that Members were aware of the recent reviews and subsequent appeals that had taken placeover the last 12 months. Updates on the status of each premises were detailed as below;

Botwellears ,25 Botwell Lane, Hayes.

• The premises Licence was revoked by the Licensing Sub-Committee on 23rd August 2011 following a review application from the Metropolitan Police Service.

• The Licence Holder appealed the decision to Magistrates Court and a Hearing was scheduled for 2nd March 2012. However, this matter has been adjourned until the end of May in order for the matter to be remitted back to the Licensing Committee for a rehearing on 25th May 2012.

• The premises continues to trade pending the outcome of the re-hearing.

• A verbal update will be given to the Committee on 6th June 2012.

Hayes News & Booze, 772/774 Uxbridge Road, Hayes.

• The premises Licence was revoked by the Licensing Sub-Committee on 23rd August 2011 following a review application from the Police Service.

• The Licence Holder appealed the decision to Magistrates Court and a Hearing was listed for 24th February 2012 and was subsequently dealt with on 9th May 2012.

• A new application was submitted for the premises under a new name. This was subject to a Police representation and was refused at a Sub-Committee hearing on 5th December 2011.

• On 9th May 2012, the appeal against the revocation of the original premises licence was refused with costs of £1000 pounds awarded to the Council.

• The second appeal relating to the application for a premises licence from Mr Singh, which was refused by the Committee on 5th December 2011 was allowed and the licence, together with a number of conditions, will commence on 20th June 2012.

Venus Convenience Store, 18 Station Road, West Drayton.

• The premises Licence was revoked by the Licensing Sub-Committee on 1st September 2011 following a review application from the Police Service.

• The Licence Holder appealed the decision to the Magistrates Court and a Hearing was listed for 28th February 2012. This has subsequently been adjourned until 28th May 2012.

• A new application was submitted for the premises under the name of Mandeep Gill. This was subject to a Police representation and was rejected at a Sub-Committee Hearing on 3rd February 2012.

• This decision is also being appealed against by Mrs Gill and will be dealt with jointly on 28th May 2012.

• The premises continues to trade pending the outcome of both appeals.

Costcutter, 268 Yeading Lane, Hayes,

Aujla Food & Wine, 710 Field End Road, South Ruislip

Aujla Cash & Carry, 266 Yeading Lane, Hayes

• All three premises Licences were revoked by the Licensing Sub-Committee on 11^th January 2012 following a review application for each premises from Trading Standards. The premises licence holder for all three premises is Mr & Mrs Aujla.

• The premises licence holder appealed the decision to the Magistrates Court and a date for the appeals is awaited.

• The Licensing Service received new applications for premises licences for 710 Field End Road, Eastcote and 268 Yeading Lane, Hayes from unrelated persons.

• Both licences were granted as no objections or representations were received from either Responsible Authorities or other persons.

• It is believed that 266 Yeading Lane, Hayes will also be sold soon and that the appeals will be withdrawn.

H & P Foodstore, 115-117 Falling Lane, Yiewsley

News Booze, 123 Falling Lane, Yiewsley

• Both premises Licences were revoked by the Licensing Sub-Committee on 25th April 2012 following a review application for each premises from Trading Standards. The premises licence holder for H&P Foodstore is Mr Mohammed Sarwar and the premises licence holder for News Booze is Mr Ansar Mohammed Sarwar, both men being related.

• The premises licence holders appealed the decision to the Magistrates Court and a date for the appeals is awaited.

• Both premises continue to trade pending the outcome of the appeals.

• The Licensing Service have received new applications for both premises from a Mr Inderjit Singh, with the last date for representations to be received being 19th June 2012.

Yiewsley Superstores, 125 Falling Lane, Yiewsley

• The premises licence was revoked by the Licensing Sub-Committee on 25th April 2012 following a review application from Trading Standards.

• The premises licence holder has appealed the decision to the Magistrates Court and a date for the appeal is awaited.

• The premises continues to trade pending the outcome of the appeal.

• The Licensing Service has received a new application for this premises from a Mr Jagath Ram, with the last date for representations to be received being 14th June

2012.

Resolved:

The Committee noted the update.

Officers informed Members that in May 2012, a working party was convened to carry out the first review of the Council’s Statement of Gambling Licensing Policy. The working party was made up of the following officers:

• Stephanie Waterford, Licensing Services Manager

• Sharon Garner, Licensing Officer

• Sarah White, Licensing Lawyer

• Natasha Dogra, Democratic Services

• Sgt Ian Meens, Police Licensing Sergeant

• Paul Hewitt, Local Safeguarding Children Board

The working party agreed that the current gambling licensing policy has worked well since its implementation in 2007 and has not been subject to any challenge. It was therefore agreed by the working party not to change to content or format to any great degree, however some minor changes to the law have been noted and amendments made. The consultation period will be

between 18h June 2012 and 30th July 2012.

Consultees will include:

• Elected Members

• Gambling trade representatives

• Responsible Authorities

• Neighbouring local authorities

• Local residents associations and local community groups

• Licensing Solicitors

• Licensed premises

Once the consultation period has ended the working party will re-convene to discuss the responses and the policy will be amended accordingly:

• Consultation period 18th June – 30th July 2012

• Draft policy to be approved by the full licensing committee (27th September 2012)

• Draft policy to RESPOC for scrutiny (15th November 2012)

• Draft policy to Cabinet for approval (20th December 2012)

• Draft policy to full Council (10th January 2013)

• Policy comes into force until 2016

Resolved:

The Committee noted the update.

Report to follow.

Officers informed Members that following the implementation of the Police Reform and Social Responsibility Act 2011, there were a number of new powers available to Licensing Authorities. Consequently, the scheme of delegations must be amended to reflect those changes.

The Council’s constitution was amended on 12th May 2012 to delegate the Licensing functions under the Police Reform & Social Responsibility Act 2011 to the Licensing Committee as follows:

• Raise representations against applications under the Licensing Act 2003 to the Corporate Director of Planning, Environment, Education & Community Services

• Apply for reviews on behalf of the Licensing Authority under the Licensing Act 2003 to the Corporate Director of Planning, Environment, Education & Community Services

• Suspension of Licences for failure to pay Annual Fees under the Licensing Act 2003 to the Licensing Sub-Committee

Resolved:

The Committee approved the new delegations.