Agenda item

Members: Councillor C Carr (Chair), C Hampson and M Wilson.

The Committee considered the reports of the Senior Licensing Officer regarding applications to transfer the Premises Licence, and to Vary the Premises Licence to specify an individual as Designated Premises Supervisor (DPS) in respect of Lebaneat Wrap House, First Floor, 69 Claypath, Durham (for copy see file of Minutes).

A copy of the applications and supporting documentation had been circulated to Members.

Sgt Dickenson of Durham Constabulary addressed the Sub-Committee and stated that there were two Lebaneats in Durham, both of which were managed by Mrs Sayed. On a visit on 2 August 2018 two people were found to be working at Lebeneat Wrap House who did not have the right to work in the UK. Two workers were also found in the Lebaneat restaurant in North Bailey, where Mrs Sayed was the DPS. The Officer advised that investigations were ongoing.

Sgt Dickenson advised that the Police had objected to the applications because it was not considered that Mrs Sayed could be the DPS at the Wrap House when she was not managing the restaurant in a responsible manner.

Mr Sayed referred to the statement of Sgt Dickenson that Mrs Sayed had been present at the Wrap House on 2 August 2018 but clarified that she was on leave that day. When the Police and Immigration Team had attended the premises at 5pm, the two workers were on a trial shift. The premises had only just opened for the evening and he had not had time to check their documentation.

Sgt Dickinson noted that according to the existing Premises Licence Mr Quareshi was the current Manager of the Wrap House but had not been involved with the premises for two years.

Clarification was sought from Mr Sayed regarding management of the premises and whether alcohol was being sold without a Premises Licence. Mr Sayed advised that he had been running the premises for two years and managers varied as staff changed every week. As there was no Premises Licence for the Wrap House the company advertised that customers could bring their own alcohol.

Mr Buston asked Mr Sayed to confirm that no licensable activities had taken place on the premises or that food had been served after 11pm. Mr Sayed confirmed this to be the case.

At this point Sgt Dickenson advised that the Police had additional information which showed that alcohol was being sold on the premises.

Following a short adjournment the Sub-Committee decided that in the interest of fairness towards the applicant the additional information should not be allowed. However as the Sub-Committee had heard from the applicant that alcohol was not being served which had been disputed by the Police, the Members felt it was necessary to hear verbal representations in this regard.

PCSO Carey advised that she had visited the premises on three occasions and each time there was a stocked bar and people were consuming alcohol.

Mr Sayed reiterated that they permitted customers to bring their own alcohol, which was sometimes ordered as a takeaway from the restaurant at North Bailey. Following the Police visits he had removed alcohol from the bar. On the first two visits the Police had not referred to the sale of alcohol and he had been unsure if the visits related to licensing or immigration.

Councillor Carr made the point that Mr Sayed did not appear to understand the licensing legislation and was asked by Mr Buston to explain what steps Mr Sayed had taken to ensure that the licensing objectives would be upheld.

Mr Sayed advised that a second employee had undertaken the necessary course to become a Personal Licence Holder and was currently undergoing background checks. This employee would become the DPS at the Wrap House; Mrs Sayed would be DPS at the restaurant in future. The premises would employ extra staff who would be trained. The company had introduced new cuisine to the City and he had tried to learn from mistakes and improve how the premises were managed. Mr Sayed was not intentionally operating against the law. He had asked immigration to assist in finding employees who could cook Lebanese food. He undertook checks every day. Lebaneat employed 50 staff but in the last 6 months had hired around 200 people which showed the high turnover.

All parties were invited to sum up.

Sgt Dickenson advised that the Police objections remained. On 2 August 2018 individuals who did not have the right to work were found in the kitchen, the current DPS and Licence Holder had not been involved with the premises for the last two years, and alcohol had been sold from the premises without a Premises Licence.

Mr Sayed stated that he would carry out the necessary checks on employees and train more staff. The individuals found on the premises during the visit were not working, one was an unpaid trial chef and the other was in training. He had been waiting for documentation from one of the individuals which he had received two days after the visit.

Mr Sayed apologised and advised that he had employed a training consultant; he was trying to improve and grow the business and did not want any problems in future. 

At 12.15pm the Sub-Committee Resolved to retire to deliberate the applications in private. After re-convening at 12.25pm the Chairman delivered the Sub-Committee’s decision.  In reaching their decision the Sub-Committee had considered the report of the Senior Licensing Officer and the representations of the Police and the applicants. Members had also considered the Council’s Statement of Licensing Policy and Section 182 Guidance issued by the Secretary of State.

Resolved:

That the applications be refused.