Agenda and 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 Street, Clifton, Rotherham.

The Chief Constable of South Yorkshire Police (acting in their role as a Responsible Authority under the Licensing Act 2003) had made the application on 20^th June, 2024 for the  review of the Premises Licence in place at Rotherham’s Best, 88 Cambridge Street, Clifton, Rotherham.

The premises traded as an off licence/grocery shop and was currently licensed for the sale of alcohol for consumption off the premises only.

The review application by the Responsible Authority was submitted on the grounds that the Premises Licence holder, Mr. Ilyas Nishat had failed to promote three of the licensing objectives, namely, the:-

·            Prevention of crime and disorder.

·            Public safety.

·            Protection of children from harm.

The review application, therefore sought, the revocation of the Premises Licence.

Representations in support of the review application have been made by the Licensing Authority (in their role as a Responsible Authority under the Licensing Act 2003).

The Sub-Committee heard representations from Mrs. D. Kraus (Principal Licensing Officer).  In addition, Mr. I. Nishat (Premises Licence Holder) and Mr. N. Burhan (Designated Premises Supervisor) were in attendance.

The Sub-Committee heard from representatives of both the Responsible Authority and the Licensing Authority, who supported the application for a full review of the premises and were seeking a revocation of the premises licence on the grounds that the Premises Licence Holder was failing to properly promote three of the licensing objectives (as listed above) due to:-

·            Police Officers having evidence of breaches of the Premises Licence conditions on three recent occasions and on 4th May, 2024 alcohol was sold to a seventeen year old test purchaser.

·            The Licence holder, Mr I. Nishat, had a history of non-compliance with the conditions of the Premises Licence, all of which were necessary to promote the licensing objectives.

·            Police and Council Licensing Officers have previously made every effort to work with Mr. Nishat to achieve compliance. Lengthy and repeated visits have been undertaken alongside written warnings and notices to improve. When this failed to bring about compliance the Licensing Authority previously sought a review of the Licence, which resulted in the Licence being revoked.

·            Mr. Nishat succeeded in retaining the Premises Licence on appeal to the Magistrates Court. However, the Magistrates recognised the need for management control conditions, imposing ten separate conditions on the Premises Licence via a consent order on 3rd August, 2023.

·            On 15th May 2024 Police Officers visited the shop with the objective of reviewing recordings from the CCTV system installed at the premises. Officers found that the CCTV system was not working, and no recordings were available to view. This was in breach of the conditions imposed by the Magistrates:-

-            Condition 8. The premises shall install a CCTV system at the premises which has 30-day recording and retrieval and be capable of downloading onto a portable storage device  ...  view the full minutes text for item 26.