Content

DECISION
At
the hearing the sub-committee carefully considered the papers
before it which included the written and verbal representations
from Mr Robert Dear, Ealing Council Licensing Compliance and
Enforcement Team (Applicant). The sub-committee also considered
verbal submissions by Mrs Fertisha Habibi, the designated premises
supervisor, Mr Mahfouz Ahmedi, a representative and translator for
the designated premises supervisor, and Mr Duncan Craig, instructed
barrister for the premises licence holder.
 
The
sub-committee considered the Home Office (August 2023) Revised
Guidance issued under S182 of the Licensing Act 2003 and, in
particular, the Steps to Promote the Licensing Objectives
(Paragraphs 8.41 – 8.49). The sub-committee also considered
the Ealing Council Statement of Licensing Policy.
 
The
decision of the licensing sub-committee was to revoke the premises
licence for the reasons outlined below.
 

REASONS FOR THE DECISION
In
reaching its decision, the sub-committee considered the range of
powers available to it, namely to: -
a.
modify the conditions of the licence (including altering or
omitting an existing condition or adding a new
condition;
b.
exclude a licensable activity from the scope of the
licence;
c.
suspend the licence for a period not exceeding three
months;
d.
remove the Designated Premises Supervisor;
e.
revoke the licence; or
f.
leave the licence as it is.
 
Having carefully
considered the representations from Mr Dear, in their capacity as a
responsible authority, as well as representations on behalf of the
premises at the hearing, the licensing sub-committee determined
that the licence should be revoked.
 
In his written
representation, Mr Dear referenced the historic hearings that the
premises had undergone on 20 March 2019 and 1 June 2022. The
sub-committee considered that, after the last review, the
designated premises supervisor was transferred to Fertisha Habibi
from the premises licence holder, Ahmed Sultani. The sub-committee
noted that the premises was still failing to achieve the licensing
objectives after new conditions had been made and the designated
premises supervisor had been changed.
 
The
Sub-committee considered Mr Dear’s verbal and written
representations, along with two witness statements from Sergeant
Thomas McNeill and PC Sakib Bhatti that demonstrated the conditions
of the licence were being breached with the sale of alcohol, in
breach of the premises licence suspension and the licensing
objective not adhered to with the Possession and sale of illicit
tobacco products and non-compliant vapes.
 
 
Whilst the
sub-committee heard from Mr Craig and Mrs Habibi about the events
of Mr Dears visit on 24 March 2023, they were unable to be
satisfied that Mr Sultani had nothing to do with the business and
had serious concerns in his involvement with the operation and
management of the business. 
 
The
sub-committee considered the representations from the premises, Mr
Dear, and the witness statements. According to the witness
statements, Mr Ahmed Sultani had admitted that the sale of alcohol
would have been recorded on CCTV at the premises, as well as
photographic evidence of alcohol on display in a fridge for sale.
Given this evidence, the sub-committee believed that the premises
had breached the suspension of their licence knowingly, therefore
failing to uphold the licensing objective of the prevention of
crime and disorder and public nuisance.
 
It was also
noted by the panel that there had been two previous reviews of the
premises where similar items were seized when Mrs Habibi played a
role in the operation of the business showing a lack of compliance
and disregard of the licensing objectives at the
premises.
 
Therefore, the licensing sub-committee considered that this
decision to revoke the premises licence was proportionate and
appropriate for what the licensing objectives were intended to
achieve.
 

RIGHT OF
APPEAL
The applicant, licence holder or any person who
made relevant representations may appeal against the
Sub-Committee’s decision.
Any appeal must be made to the Magistrates’
Court for the area in which the premises are situated within 21
days of the receipt of this notice of decision.
Any party who launches an Appeal at the
Magistrates court is requested to copy in the Council at the
time that the appeal is filed at court.  The person to copy in is Ms Hatoon Zeb- Senior
Lawyer (Litigation & Prosecution) at ZebH@ealing.gov.uk or London Borough of Ealing, Perceval House, 5-NW 14-16 Uxbridge
Road, Ealing, W5 2HL. 
Date: 24 October 23