Agenda, decisions and minutes

Bradford District Licensing Panel - Tuesday, 29th March, 2022 1.00 pm

Venue: Committee Room 4 - City Hall, Bradford. View directions

Contact: Jill Bell/Jane Lythgow/Farzana Mughal/Kanwal Amrez 

Items
No. Item

1.

DISCLOSURES OF INTEREST

(Members Code of Conduct - Part 4A of the Constitution)

 

To receive disclosures of interests from members and co-opted members on matters to be considered at the meeting. The disclosure must include the nature of the interest.

 

An interest must also be disclosed in the meeting when it becomes apparent to the member during the meeting.

 

Notes:

 

(1)       Members may remain in the meeting and take part fully in discussion and voting unless the interest is a disclosable pecuniary interest or an interest which the Member feels would call into question their compliance with the wider principles set out in the Code of Conduct.  Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

 

(2)       Members in arrears of Council Tax by more than two months must not vote in decisions on, or which might affect, budget calculations, and must disclose at the meeting that this restriction applies to them.  A failure to comply with these requirements is a criminal offence under section 106 of the Local Government Finance Act 1992. 

 

(3)       Members are also welcome to disclose interests which are not disclosable pecuniary interests but which they consider should be made in the interest of clarity.

 

(4)       Officers must disclose interests in accordance with Council Standing Order 44.

 

Minutes:

Councillor Slater disclosed, in the interest of transparency, that a ward he represented had previously, but did not at the current time, include the location of the premises being considered.  The interest was not prejudiical and he remained in the meeting during consideration and voting on the item.

 

 Action: City Solicitor

 

2.

INSPECTION OF REPORTS AND BACKGROUND PAPERS

(Access to Information Procedure Rules – Part 3B of the Constitution)

 

Reports and background papers for agenda items may be inspected by contacting the person shown after each agenda item.  Certain reports and background papers may be restricted. 

 

Any request to remove the restriction on a report or background paper should be made to the relevant Strategic Director or Assistant Director whose name is shown on the front page of the report. 

 

If that request is refused, there is a right of appeal to this meeting. 

 

Please contact the officer shown below in advance of the meeting if you wish to appeal. 

 

(Jane Lythgow - 01274 432270)

 

Minutes:

There were no appeals submitted by the public to review decisions to restrict documents. 

 

3.

WISLA, 50 CAVENDISH STREET, KEIGHLEY, BD21 3RL - APPLICATION FOR REVIEW OF A PREMISES LICENCE pdf icon PDF 169 KB

The Interim Assistant Director Waste, Fleet and Transport Services will present a report (Document “Aa”) which outlines an application for review of the premises license authorising the sale of alcohol for consumption off the premises in respect of Wisla, 50 Cavendish Street, Keighley, BD21 3RL.

 

Recommended –

 

Members are invited to consider the information and documents referred to in this report and, after hearing interested parties, determine the related application.

 

(Melanie McGurk – 01274 431873)

 

 

Additional documents:

Decision:

Resolved –

 

That having considered the application for review and all valid representations made by the parties to the hearing; the published statement of licensing policy and relevant statutory guidance; the panel, on the evidence which has been heard, is not satisfied that conditions on the Premises Licence would prevent criminal activity continuing or that the Licence Holder has the ability to promote the licensing objectives.  Therefore, it is considered that revocation of the Premises Licence is correct as per Paragraph 11.28 of the Revised Guidance issued under Section 182 of the Licensing Act 2003.

 

 

ReasonIt is considered that the revocation is appropriate and proportionate to ensure promotion of the Crime and Disorder objective and the Protection of Children from Harm objective of the Licensing Act 2003.

 

ACTION: Interim Director, Waste, Fleet and Transport Services

Minutes:

The Interim Assistant Director Waste, Fleet and Transport Services presented a report (Document “AA”) which outlined an application for review of the premises license for Wisla, 50 Cavendish Street, Keighley, BD21 3RL.

 

It was reported that the application for review had been requested by West Yorkshire Police following a joint operation with Trading Standards.  The report revealed details of a test purchase of illicit tobacco at the premises and a follow up visit by West Yorkshire Police and Trading Standards in January 2022.  At that time unpackaged cigarettes were found for sale and the flat above the premises was found to be used for the storage of illicit tobacco with a chute being used to transport the illicit tobacco from the flat to the premises.

 

West Yorkshire Police recommended revocation of the licence on the grounds of prevention of crime and disorder and protection of children from harm objectives of the Licensing Act 2003.  A copy of the application for review was appended to Document AA.

 

A representative from West Yorkshire Police addressed the meeting and reported that intelligence had been provided to the police over a number of years that cigarettes had been sold to underage children.  He reiterated the issues raised in the application for review and reported the volume of illicit cigarettes and tobacco which had been found on the premises and in the flat located above. 

 

It was maintained that the trade in illicit tobacco had serious consequences for health and that the crime was not victimless.  He reported that apart from the loss of revenue to the Her Majesty’s Treasury proven links had been made to low level and large scale organised crime nationally and internationally.  Members were advised that the crime went hand in hand with drugs and alcohol, child exploitation, money laundering and terrorism.  The West Yorkshire Police representative referred to guidance on the Licensing Act 2003 which stated certain criminal activity which may arise in connection with licensed premises which should be treated particularly seriously. 

 

Following a detailed presentation Members raised questions to which the following responses were provided –

 

·         As far as the police representative was aware the only illicit goods found at the premises were illicit cigarettes and tobacco.

·         Personal licences could only be revoked by a Court of Law.  If a person was found guilty of a criminal offence the Court could revoke a personal licence or ask the Council to do so.

 

The premises licence holder and landlord of the premises had appointed a barrister to represent them at the hearing and he made an opening statement on their behalf.  He did not dispute that the test purchase had taken place or that the illicit goods were found at the premises.  It was also accepted that there was a chute which had been installed in the flat above the premises.

 

He tabled a number of additional documents which included a photocopy of the Premises Licence Holder’s passport which revealed that he had been out of the country  ...  view the full minutes text for item 3.