The Acting Director of Law, HR and Asset Management reported upon an application that had been received from Merseyside Police for the review of a Premises Licence in respect of News Days, 47 Oxton Road, Birkenhead, under the provisions of the Licensing Act 2003.

The premises have a Premises Licence which allows the licensable activities as set out in the report.

The Acting Director advised that the Sub-Committee may, having regard to the application for review and any relevant representations, take such of the following steps as it considered appropriate for the promotion of the licensing objectives:

• Modify the Conditions of the Licence.
• Exclude a licensable activity from the scope of the Licence.
• Remove the Designated Premises Supervisor.
• Suspend the Licence for a period not exceeding three months.
• Revoke the Licence.

The Licensing Authority may decide that no action would be appropriate if it found that the review did not require it to take any steps appropriate to promote the licensing objectives.

The application had been submitted by Merseyside Police and the Licensing Sergeant had stated that the grounds for review were in relation to the prevention of crime and disorder due to an illegal immigrant being found working at the premises.

Sergeant S Barrigan and Constable P Coley attended the meeting.

Also in attendance were Mr Srikanthan, Premises Licence Holder and Designated Premises Supervisor and his representative Mr Singleton.

The Licensing Manager reported that all documentation had been sent and received.

Sergeant Barrigan outlined the circumstances surrounding the illegal immigrant having been found working at the premises.  He advised that this had also resulted in a second illegal immigrant being detained at the location.  He informed Members that both these individuals had since been deported from the country.  Sergeant Barrigan believed that Mr Srikanthan had shown a disregard for the law and the responsibilities that come from being a Premises Licence Holder and Designated Premises Supervisor.  He advised that Mr Srikanthan had committed offences in relation to the licensing objective of crime and disorder despite having only held the Premises Licences for a short period of time and after being advised, at his initial interview, with members of the Merseyside Police Licensing Team of issues regarding illegal immigrants and counterfeit alcohol.

Sergeant Barrigan initially requested that a number of conditions be placed on the Premises Licence.

Sergeant Barrigan responded to questions from Members of the Sub-Committee.

Mr Singleton reported that he accepted all the proposed conditions requested by Merseyside Police and that Mr Srikanthan would undertake training as soon as possible.  He believed there had been a number of discrepancies but that this had been due to him not having taken his responsibilities seriously.  He requested that the conditions suggested by Merseyside Police be attached to the Premises Licence.

Mr Singleton responded to questions from Members of the Sub-Committee.

Sergeant Barrington expressed his concerns having heard the representations made and the responses given by Mr Srikanthan to Members of the Sub-Committee.  Despite having originally sought conditions to be attached to the Premises Licence he requested that Members now considered it appropriate that there be a revocation of the Premises Licence.

Members gave careful consideration to the application made by Merseyside Police to review the Premises Licence at News Days, 47 Oxton Road, Birkenhead and the representations made in writing and orally at the hearing by officers from Merseyside Police as well as Mr Srikanthan, the current Premises Licence Holder and Designated Premises Supervisor and his representative Mr Singleton.

In determining the review application we had regard to the licensing objectives in particular the prevention of crime and disorder, the Council’s Statement of Licensing Policy and relevant guidance issued under Section 182 of the Licensing Act 2003, in particular, paragraphs 9.12, 11.20 and 11.24 - 11.28.

Members accepted the evidence provided by Merseyside Police that during a routine visit to the premises on 24 January 2013 an illegal immigrant was found employed at the premises whose UKBA registration card highlighted that he was forbidden from taking employment in the UK.  This was at a time when Mr Srikanthan, the Designated Premises Supervisor/Premises Licence Holder had gone to London where he operates another business.

In this regard Members gave particular consideration to paragraph 11.27 and 11.28 of the Guidance which identifies that the use of a licensed premises for knowingly employing a person who is unlawfully in the UK or who cannot lawfully be employed as a result of a condition on that person’s leave to enter is to be treated particularly seriously and that the revocation of the licence should be seriously considered.

Mr Srikanthan had attended the Police Station eight days previously when he was advised of his responsibilities under the Licensing Act 2003 which included a discussion regarding illicit and counterfeit alcohol and immigration issues that had been found at other licensed premises in the area.  Members therefore considered that Mr Srikanthan had not taken seriously his responsibilities which come with being a Premises Licence Holder and Designated Premises Supervisor.

Members noted the information provided by Merseyside Police that the premises are situated in an area identified as a hotspot for anti-social behaviour in Wirral and that there is an issue with street drinking in the location.

Members took into account the view of Merseyside Police that whilst they had initially considered that conditions may have addressed their concerns as a consequence of the representations made by the Licence Holder, they now considered that the revocation of the Licence was the most appropriate step to be taken.

Members considered paragraph 9.12 and the role of Merseyside Police as a Responsible Authority and that they are an essential source of advice and information on the impact and potential impact of licensable activities particularly in respect of the crime and disorder objective.

The Premises Licence Holder presented no evidence to the Sub-Committee to demonstrate that the concerns of Merseyside Police would be addressed through the modification of conditions of the Licence.

In light of the above Members considered that placing conditions on the Premises Licence would not be appropriate as Mr Srikanthan had ignored the concerns and advice given by Merseyside Police on 16 January 2013.  Members were not convinced that Mr Srikanthan had taken his responsibilities seriously and that a similar incident would not be repeated in the future.

Members therefore considered it appropriate for the promotion of the licensing objective of crime and disorder, to revoke the Premises Licence.

Resolved - That the Premises Licence in respect of News Days, 47 Oxton Road, Birkenhead, be revoked.