Agenda and minutes

Licensing Sub-Committee - Friday 14 October 2022 9.30 a.m.

Venue: Rotherham Town Hall, Moorgate Street, Rotherham. S60 2 TH

Contact: Dawn Mitchell, Governance Adviser 

Items
No. Item

12.

Consideration of an application (made in accordance with s.51 of the Licensing Act 2003) to review the Premises Licence in place at Rotherham's Best, 88 Cambridge St, Clifton, Rotherham, S65 2ST pdf icon PDF 4 MB

Minutes:

Consideration was given to an application (made in accordance with Section 51 of the Licensing Act 2003) to review the Premises Licence in place at Rotherham's Best, 88 Cambridge St, Clifton, Rotherham, S65 2ST.

 

The Council’s Licensing Service (acting in its role as a Responsible Authority under the Licensing Act 2003) had made an application on 3rd August, 2022, to review the Premises Licence in place at Rotherham’s Best.  The review application was submitted following the involvement of Licensing Enforcement Officers with the premises which had resulted in a number of visits being carried out over recent months.  During these visits it had become clear that there was a general failure of the Premises Licence Holder to ensure that the licence was being used in accordance with the conditions that were attached to it.  Despite a number of warnings being issued to the licence holder, Licensing Officers had been unable to secure compliance with the conditions attached to the licence and were now of the view that a review of the licence was required in order to ensure that the licensing objectives were upheld.

 

The premises was an off licence/grocer and was licenced for the sale of alcohol for consumption off the premises only.

 

No additional representations had been received.

 

The Sub-Committee heard representations from Mrs. D. Krauss (Principal Licensing Officer) on behalf of Mrs. K. Ladlow (Principal Licensing Officer).  In addition, Mr. Ilyas Nishat (Premises Licence Holder) and Mr. Redwan Nishat (family member) were in attendance.

 

The application for a full review of the premises sought a revocation of the premises licence on the grounds that the Premises Licence Holder was failing to properly promote 3 of the licensing objectives i.e. the prevention of crime and disorder, public safety and the prevention of public nuisance due to:-

 

-        Mr. I. Nishat had been the Premises Licence Holder since 1st October, 2020, transferred to him by Mr. Nishat Burhan

-        Information received from South Yorkshire Police on 15th December, 2021, regarding sale of a bottle of vodka to a 16 year old.  The alcohol was then consumed by the 16 year old and 12 year old

-        Compliance visit undertaken on 9th February, 2022, which had revealed no training records were kept and that staff were not trained to the requirements of the Licensing Act 2003 contravening Condition 2 of Annex 2 of the premises licence and no display of the premises licence summary (an offence under Section 57(3) of the Licensing Act 2003

-        Due to Mr. Burham Nishat having no involvement at the premises, advice given regarding a change of Designated Premises Supervisor (DPS)

-        Email sent to Mr. Ilyas Nishat on 10th February, 2022, detailing the changes required in order to comply with the conditions set out within Annex 2 of the premises licence together with best practice guidance e.g. registration to Rotherham Licence Watch, Challenge 25 Policy and posts, authorisation list of who was permitted to sell alcohol at the premises on  ...  view the full minutes text for item 12.