Andy Fox

DETERMINATION OF AN APPLICATION FOR A NEW PRIVATE HIRE DRIVER'S LICENCE

From: Licensing Sub Committee - Tuesday, 26th August, 2025 4.00 pm - August 26, 2025

The Licensing Sub-Committee heard an application for a new Private Hire Vehicle Driver’s Licence.   Upon application, the applicant disclosed one previous conviction on 5 January 2024 and was sentenced to a fine and an endorsement of 6 penalty points.   The application has been referred to the Licensing Authority’s Sub-Committee to determine whether the applicant is a fit and proper person to hold a Private Hire Vehicle Driver’s Licence issued by the Licensing Authority.   The Sub-Committee considered the report from the Licensing Officer and heard from the applicant.   In making its decision, the Sub-Committee considered all relevant legislation, as well as both the statutory (Department for Transport) and non-statutory (Institute of Licensing) guidance and were reminded of Fenland District Council’s Hackney Carriage and Private Hire Vehicle Licensing Policy 2021-26.   The Sub-Committee were reminded that when assessing suitability that the safety of the public is the paramount concern and that the test as to whether an individual should be granted a Private Hire Vehicle Driver’s Licence is whether the individual is a fit and proper person.   The Sub-Committee were reminded that their decision should be evidence based.   The Sub-Committee heard from the applicant regarding the circumstances which led to the conviction and were mindful of the fact that the applicant admitted the offence at the time and that he was honest in declaring the offence on the application.   However, the Sub-Committee noted that their responsibility is to protect the public and that protecting the public necessitates an expectation of high standards amongst Private Hire Vehicle Driver Licence applicants. The Sub-Committee were concerned that the applicant had been convicted of a relevant offence relatively recently and that not enough time had elapsed between the conviction and the application. The Sub-Committee were mindful that the Institute of Licensing’s guidance on the suitability of applicants convicted of offences that 5 years should have elapsed since the conviction or completion of any disqualification imposed, whichever is the later.   The Sub-Committee do not necessarily feel that the full five years is appropriate in the applicant’s case, but that further time needs to pass with the applicant demonstrating no further offending before the Sub-Committee would consider him fit and proper.

Recommendations Approved

To appoint a Chairman for this Sub Committee

From: Licensing Sub Committee - Friday, 25th April, 2025 9.00 am - April 25, 2025

Application for the Review of a Premises Licence made under the Provisions of the Licensing Act 2003 - The Dukes Head, 8 Church Terrace, Wisbech, Cambs, PE13 1BJ.   The application has been submitted by Cambridgeshire Police. The relevant licensing objectives are: ·         The prevention of crime and disorder ·         Public safety   The application to review the premises licence relates to an alleged offence that took place on Sunday 26th January 2025 at approximately 03:20 hours when there was a report of persons fighting on Market Square, Wisbech, between several persons. The affray incident is still being investigated.   During the investigation, it has been established by the Police that Mr Rafique (the Designated Premises Supervisor) and Mr Shahid (director of the Premises Licence Holder) were involved.   The application can be found on pages 14 to 24 of the Committee bundle. The reasons for the application to review can be found on page 19 of the Committee bundle.   The premises licence holder is DS Wisbech Limited, and the Designated Premises Supervisor is Mr Shahid Rafique. The licence can be found on pages 25 to 34 of the bundle along with the conditions attached to the licence.   The Applicant has requested that the Sub-Committee consider:   1.    The removal of Mr Rafique as the Designated Premises Supervisor; and 2.    Whether the Premises Licence, although in a company name but under the control of Mr Shahid and influenced by Mr Rafique, should be revoked.   Present at the hearing were:   ·         The applicant, Cambridgeshire Police, represented by PC Paul Hawkins, ·         The premises licence holder, DS Wisbech Ltd, and the company’s sole director, Mr Nawaf Shahid, represented by Mr Jon Payne, ·         The DPS of the Premises, Mr Shahid Rafique, represented by Mr Jon Payne, and ·         Interested Party who had made a representation.   The Sub-Committee heard evidence from the Police Licensing Officer and the legal representative of the Premises Licence Holder and the Designated Premises Supervisor. The Sub-Committee also took into account representations received both in support of the review application and the Designated Premises Supervisor. The Sub-Committee disregarded matters that did not relate to the promotion of the licensing objectives or were otherwise irrelevant.   In order to promote the licensing objectives, the Sub-Committee can take the following steps: ·        Modify the conditions and or times of the licensable activities ·        Exclude a licensable activity from the scope of the licence ·        Remove the designated premises supervisor ·        Suspend the licence for a period not exceeding 3 months ·        Revoke the licence in its entirety ·        Issue an informal warning or take no action.   In deliberations the Sub-Committee were referred to: v  The Council's own Statement of Licensing Policy v  The statutory Government guidance issued under Section 182 of the Licensing Act 2003.      

Recommendations Approved

APPLICATION FOR THE REVIEW OF A PREMISES LICENCE MADE UNDER THE PROVISIONS OF THE LICENSING ACT 2003 - DUKES STEAKHOUSE

From: Licensing Sub Committee - Friday, 25th April, 2025 9.00 am - April 25, 2025

Recommendations Approved

APPLICATION FOR THE REVIEW OF A PREMISES LICENCE MADE UNDER THE PROVISIONS OF THE LICENSING ACT 2003 - HARE AND HOUNDS, WISBECH

From: Licensing Sub Committee - Friday, 25th April, 2025 11.00 am - April 25, 2025

The application has been submitted by Cambridgeshire Police. The relevant licensing objectives are: ·         The prevention of crime and disorder ·         Public safety   The application to review the premises licence relates to an alleged offence that took place on Sunday 26th January 2025 at approximately 03:20 hours when there was a report of persons fighting on Market Square, Wisbech, between several persons. The affray incident is still being investigated. During the investigation, it has been established by the Police that Mr Rafique (the Designated Premises Supervisor) was involved.   The application can be found on pages 14 to 24 of the Committee bundle. The reasons for the application to review can be found on page 19 of the Committee bundle.   The premises licence holder is Hare & Hounds Wisbech Limited, the sole director of this company is Ali Raza, and the Designated Premises Supervisor is Mr Shahid Rafique. The licence can be found on pages 25 to 32 of the bundle along with the conditions attached to the licence. Representations were received in support of the review application.   Representations were received in support of the Designated Premises Supervisor and the Premises Licence Holder. The Applicant has requested that the Committee consider: 1.    The removal of Mr Rafique as the Designated Premises Supervisor; and 2.    Whether the Premises Licence, although in a company name but under the control of Mr Raza and influenced by Mr Rafique, should be revoked.   Present at the hearing were: ·         The applicant, Cambridgeshire Police, represented by PC Paul Hawkins ·         The premises licence holder, Hare & Hounds Wisbech Ltd, represented by Mr Jon Payne ·         The DPS of the Premises, Mr Shahid Rafique, represented by Mr Jon Payne ·         Interested Party   The Sub-Committee heard evidence from the Licencing Officer and the legal representative of the Premises Licence Holder and the Designated Premises Supervisor. The Sub-Committee also took into account representations received both in support of the review application and the Designated Premises Supervisor.  The Sub-Committee disregarded matters that did not relate to the promotion of the licensing objectives or were otherwise irrelevant.   In order to promote the licensing objectives, the Sub-Committee can take the following steps: ·         Modify the conditions and or times of the licensable activities ·         Exclude a licensable activity from the scope of the licence ·         Remove the designated premises supervisor ·         Suspend the licence for a period not exceeding 3 months ·         Revoke the licence in its entirety ·         Issue an informal warning or take no action.   The Sub-Committee, having considered all the evidence, including the CCTV footage, determined that a warning should be issued to the Designated Premises Supervisor but considered that no further action is required in relation to the Premises Licence.        

Recommendations Approved

APPLICATION FOR THE REVIEW OF A PREMISES LICENCE MADE UNDER THE PROVISIONS OF THE LICENSING ACT 2003 - THE ITALIAN AFFAIR

From: Licensing Sub Committee - Friday, 25th April, 2025 12.30 pm - April 25, 2025

The application has been submitted by Cambridgeshire Police. The relevant licensing objectives are:   ·         The prevention of crime and disorder ·         Public safety ·           The application to review the premises licence relates to an alleged offence that took place on Sunday 26th January 2025 at approximately 03:20 hours when there was a report of persons fighting on Market Square, Wisbech, between several persons. The affray incident is still being investigated.   During the investigation, it has been established by the Police that Mr Rafique (the Designated Premises Supervisor) was involved.   The application can be found on pages 14 to 24 of the Committee bundle. The reasons for the application to review can be found on page 19 of the Committee bundle.   The premises licence holder is Elgood Limited, and the Designated Premises Supervisor is Mr Shahid Rafique.  The licence can be found on pages 25 to 32 of the bundle along with the conditions attached to the licence.   The Applicant has requested that the Committee consider:   1.    The removal of Mr Rafique as the Designated Premises Supervisor; and 2.    Whether the Premises Licence, although in a company name but influenced by Mr Rafique, should be revoked.   Present at the hearing were:   ·      The applicant, Cambridgeshire Police, represented by PC Paul Hawkins ·      Belinda Sutton and Jennifer Everall on behalf of the Premises Licence Holder, Elgood & Sons Limited Ltd ·      The DPS of the Premises, Mr Shahid Rafique, represented by Mr Jon Payne   The Sub-Committee has disregarded matters that do not relate to the promotion of the licensing objectives, and any other irrelevant matters.   In order to promote the licensing objectives, the Sub-Committee can take the following steps: ·         Modify the conditions and or times of the licensable activities ·         Exclude a licensable activity from the scope of the licence ·         Remove the designated premises supervisor ·         Suspend the licence for a period not exceeding 3 months ·         Revoke the licence in its entirety ·         Issue an informal warning or take no action.   In deliberations the Sub-Committee were referred to: ?  The Council's own Statement of Licensing Policy ?  The statutory Government guidance issued under Section 182 of the Licensing Act 2003    

Recommendations Approved