The Licensing Sub-Committee met to determine an application for a new premises licence for Casper Eat, 33 Westfield Street, St Helens. The applicant, Mr Mohammed Azadar, sought permission for the playing of recorded music indoors from 12pm to 11:30pm, Monday to Sunday, and late night refreshment from 11pm to 1:30am, Sunday to Thursday and 11pm to 2am on Friday and Saturday. The sub-committee adjourned to reach a decision, which will be announced later.

Application for a new premises licence for Casper Eat, 33 Westfield Street, St Helens.

Councillor Jamie Bell, speaking for the sub-committee, expressed concern that evidence had been submitted in support of the application less than 24 hours before the meeting. He said, councillors...have a right to a private life, I have a right to have time off with my family and my children, but agreed to consider the evidence on this occasion.

The Applicant's Case

Lorraine Simpson, a licensing consultant representing Mr Azadar, argued that the application was reasonable and took account of the Council's Statement of Licensing Policy. She said that Mr Azadar had plenty of experience in this trade and that the application was crucial for the viability of the business .

Ms Simpson drew attention to the lack of objections from Merseyside Police and other responsible authorities, and said that the applicant had offered a further concession:

the updated or the amended application that we're asking you to consider today will be to only provide late night refreshments, which is the hot food and drinks, via pre-orders for delivery only

The Licensing Authority's Case

Christopher Kenny, Principal Operations Officer for St Helens Council, made a representation objecting to the application.

He said that Casper Eat sits within St Helens town centre Cumulative Impact Area, which meant there was a presumption against granting new licences for late night refreshment. He argued that this application must be considered on its merits and that the Licensing Authority was not satisfied that Mr Azadar would be able to operate the premises in line with the licensing objectives.

Mr Kenny said that Casper Eat had been trading unlawfully after 11pm and that the current licence holder, Shama Hameed Aglianpour, had not cooperated with officers investigating these potential breaches of the Licensing Act 2003. He said that the Licensing Authority had repeatedly explained to the operators of Casper Eat that they needed a licence to sell hot food after 11pm. He told the meeting that:

Mr Aglayapour...was invited to attend an interview to be conducted under the provisions of the Police and Criminal Abuse Act 1984, known as PACE...This interview was rearranged for the 24th April of this year, and Mr Aglayapour did attend, however when it was explained to him that he would be placed under caution, I recall him saying that he didn't want to be interviewed and that he was due to leave the country shortly for a prolonged period of time. I can confirm to this committee that since the 24th April, I have seen Mr Aglayapour several times in and around the Casper Eads premises

Mr Kenny said that as recently as July 5 2024, Mr Aglayapour still has an involvement in these premises . He told the Sub-Committee that he did not have confidence that the applicant, Mr Azadar, was in a position to operate the premises in accordance with the law, given that other people seemed to be involved in the business.

Decision

The Sub-Committee adjourned to consider its decision in private.