Decision - Persia Licensing Panel (Licensing Act 2003 Functions)

Application for a Review under the Licensing Act 2003

Licensing panel hearing held virtually via Teams on Wednesday 19th June 2024 and Monday 15th July 2024 in respect of a review of the premises licence for Persia, 126 Church Road, Hove BN3 2EA The panel has considered this application for review along with the supporting representations, statements and documentary evidence produced by the Licence holder. The panel has listened carefully to all the submissions made at the hearing. The panel has had regard to the S182 Guidance and the Council's Statement of Licensing Policy. The review is applied for by Sussex Police. The review is brought on the basis of the prevention of crime and disorder, public safety and the protection of children from harm licensing objectives. On a joint licensing inspection visit on the 19th April 2024, police officers witnessed a staff member altering training records at the alleged direction of the premises licence holder to ensure compliance with the training condition on the licence. The police say that the act of falsifying the records is sufficiently serious to bypass the usual stepped approach in relation to reviews, has led to a loss of trust in the licence holder to promote the licensing objectives and that therefore revocation is the appropriate step. Full details of the incident are in the papers before us including statements from the officers concerned. The police also include an incident in April 2023 when officers met with resistance to provide CCTV in relation to a sexual assault. Three representations supporting the review have been made by the Licensing Authority, Planning Enforcement and Immigration Enforcement. At the hearing in private session, the police showed 3 excerpts of body worn video which the police filmed during the incident of training record alteration. The altered record is in the papers. It was asserted that the member of staff tipp-exed out the reference to 2023 on the paper as she was told it all had to be 2024. Training is hugely important and the police considered that training was not being carried out and upon questioning the licence holder could not say how many staff he employed. The Immigration enforcement officer detailed the 2 visits (2021 and 2023) to the premises during which they found what they considered to be illegal working when they encountered persons (asylum seekers) without the right to work in the kitchen apparently working with food debris on them. The explanation given was that they were there to eat not work. No formal enforcement action was taken as there was not sufficient evidence of control, obligation and remuneration to apply the civil penalty, but in the opinion of the officer, employment of illegal workers was taking place and right to work checks had not been carried out. The planning enforcement officer described her involvement with the premises in terms of the unauthorised planning works that were carried out to the first floor. There had been complaints from neighbouring properties about the works and Shisha lounge which had subsequently been set up. The premises licence holder was unsuccessful in his planning appeal and an enforcement notice was being prepared breach of which would be a criminal offence. It was acknowledged that planning and licensing were separate regimes but the officer supported the police review as it was considered that the involvement of planning illustrated the propensity of the licence holder not to follow proper procedures or advice and there was a public nuisance element in the complaints received. The officer on behalf of the licensing authority detailed her involvement and concerns about the Shisha bar and incident on the 19th April. She fully supported the police request for revocation of the licence. On behalf of the licence holder, his barrister strongly refuted the allegations made and the application to revoke the licence. In the papers were statements from the premises licence holder and staff explaining their version of events and disputing especially the deliberate falsifying of records and employment of illegal workers. A supporting email from the vice chairman of the Brighton & Hove Muslim Forum stated that this premises was part of a community program to provide meals to refugees and others in need. It was submitted that the licensing objectives were not being breached and no harm or detriment could be shown; this was not a problem premises. The staff were trained and had made statements confirming this. Staff numbers changed throughout the year so it was difficult to say exactly who was working there. Much of what was stated was speculation and interpretation. Revocation should not be based on one incident and the normal stepped approach should not have been bypassed. Legal submissions were made about the relevance of planning considerations and unsubstantiated allegations from Immigration Enforcement which it was contended should not be taken into account or given little weight in deciding what action to take. The CCTV

A premises licence was issued for Persia at 126 Church Road, Hove, allowing the sale of alcohol for consumption on the premises. Alcohol may be sold during specified hours, subject to conditions covering waiter service, food availability, CCTV, incident recording, crime prevention, nuisance, and age verification.