Agenda and minutes

Licensing Act 2003 Sub-Committee (B) - Wednesday, 23rd November, 2016 10:00

Venue: Council Chamber, Civic Offices Angel Street Bridgend CF31 4WB. View directions

Contact: Andrew Rees  Senior Democratic Services Officer - Committees

No. Item


Declarations of Interest

To receive Declarations of personal and prejudicial interest (if any) from members/ officers in accordance with the provisions of the Members Code of Conduct adopted by Council from the 1st September 2008.




Licensing Act 2003: Section 51 Application for Review of Premises Licence Costcutter, 175-176 Caerau Road, Caerau, Maesteg pdf icon PDF 62 KB

Additional documents:


An application was made by Elen Hawkley of Hutton’s Solicitors, representing Mr Hardev Johal of H&G Trading Limted, the Premises Licence Holder of Costcutter, 175-176, Caerau Road, Caerau, Maesteg seeking an adjournment as her client was visiting India until 15 December 2016 as she required to take instructions from him and could not make representations on his behalf.  She stated that the extent of her instructions was a witness statement made by Mr Johal of 22 November 2016 which confirmed that he owns the business at 175-176 Caerau Road, Caerau, Maesteg and is a limited company registered as H&G Trading Limited and he is a Director.  Mr Johal in the witness statement confirmed that he is the DPS of the premises and has day to day running of the business, his duties involve book keeping, weekly outgoing and incoming of all monies, VAT and tax returns, ordering goods, stock taking, dealings with other companies and reps visiting the shop.  In his absence, the registered company secretary, Harminder Malhi had been given full authority to run the business with all the legal requirements put into place by Mr Johal.


The Premises Licence Holder’s representative informed the Sub-Committee that it were to proceed with the hearing today, Mr Johal would not be able to be represented which would be an infringement on his civil rights.  She stated that to revoke the premises licence would have a negative effect on sales at the premises and staff employed at the premises would have to be laid off.  The Premises Licence Holder’s representative also informed the Sub-Committee that the premises is inextricably linked to Caerau Village Stores which is also subject to the review procedure and she requested that the review of both premises licences be dealt with together. 


PC Ellis was invited by the Sub-Committee to present his objection to the application for an adjournment.


PC Ellis commenced his submission by stating that the basis of the request for an adjournment was that 2 letters had been served on the Licensing Authority from Hutton’s Solicitors, both dated 15 November 2016 detailing that their client’s director is away on a pre-arranged vacation.  The same request was made last year when he was also away and he would not be able to attend a hearing until 20 December 2016.  He stated that their client was not put on notice until 4 November 2016 and it was essential that he attends. 


PC Ellis informed the Sub-Committee that South Wales Police received further documentation yesterday at 5.15pm which was not seen until this morning.  He stated that to serve documentation at such a late hour in response to an application served on 30 September 2016 was not acceptable.  Among those documents is a statement from Hardev Johal, what was significant about the statement that he has day to day running of the business, but it made no mention of the fact that he resides in London.  PC Ellis stated that by not including such a vital  ...  view the full minutes text for item 32.