Peterborough City Council removed the licence from an Indian restaurant following a 5am incident in which two people received knife injuries and CCTV evidence was removed prior to police getting there.
The city council licensing subcommittee made the decision following a meeting at Sand Martin House yesterday (April 24).
A statement issued afterwards explained that “the sub-committee had not believed that the premises were being used to further crime.
“However, in order to promote the licensing objective in question, the sub-committee believed it was necessary to revoke the licence in its entirety.
“The sub-committee therefore revoked the licence for the premises, known as Shah Jehan, 18 Park Road, PE1 2TD.
“Any party in objection to the decision may appeal to the Peterborough Magistrates Court within 21 days of receiving this formal notice at: Peterborough Court House, Bridge Street, Peterborough, PE1 1ED.”
The committee noted that:
- On 20th February 2023, at approximately 5am, a serious incident occurred within the premises which resulted in two males suffering knife injuries.
- The premises licence holder, Mr Mohammed Khawar, was suspected of being involved in the incident and had not been contactable since the incident.
- Section 11.28 of Guidance (issued under section 182 of the Licensing Act 2003) recommends that revocation of the licence even in the first instance, should be seriously considered where reviews arise and the licensing authority determines, that the crime prevention objective is being undermined through the premises being used to further crimes.
The subcommittee felt that “where reviews arise and the licensing authority determines that the crime prevention objective is being undermined through the premises being used to further crimes, it is expected that revocation of the licence – even in the first instance – should be seriously considered.
“It is the function of the licensing to take steps with a view to the promotion of the licensing objectives and in this instance, the prevention of crime and disorder, in the interests of the wider community and not those of the individual licence holder.
“The viewed the incident as serious, and that it had undermine the licensing objective of the prevention of crime and disorder.
“The committee considered revoking the licence; suspending the licence; removing a licensable activity from the licence; and attaching conditions.
“The committee noted that the licence holder was not present nor was a representative of his.
Licensing officer PC Paul Hawkins described the background to the application in documents released by the city council.
He said: “On Monday 20th February 2023, at approximately 05:00 hours there was a serious violent incident within the Shah Jehan which continued onto Park Road,” he says.
“Two males received injuries to their persons, caused by a knife which required hospital treatment.
Owner is missing
“The premises licence holder Mohammed Khawar is suspected of being present and one of the persons involved; despite attempts to speak to Mr Khawar he has not been contactable since the incident.
“The premises CCTV hard drive / recording device that was in existence prior to the incident has been removed prior to police attendance.
PC Hawkins said: “It should be noted that the Gulzar Ahmed who was the designated premises supervisor (DPS) at the time of the incident but not present, has since resigned as DPS.”
He said that Cambridgeshire Constabulary “as a responsible authority recommends revocation due to the seriousness of criminal activity identified”.
Matter for the courts
The hearing was reminded that licensing authorities do not have the power to judge the criminality or otherwise of any issue which is a matter for the courts.
“The licensing authority’s role when determining such a review is not therefore to establish the guilt or innocence of any individual but to ensure the promotion of the crime prevention objective,” said PC Hawkins.
“It is envisaged that licensing authorities, the police, the Home Office (immigration enforcement) and other law enforcement agencies, which are responsible authorities, will use the review procedures effectively to deter such activities and crime.
“Where reviews arise and the licensing authority determines that the crime prevention objective is being undermined through the premises being used to further crimes, it is expected that revocation of the licence – even in the first instance – should be seriously considered.”
The committee heard by way of background, that a conversion application (grandfather rights) of a justices ‘off licence’ was made by Mohammed Saghir and granted in August 2005.
The licence was transferred to the current licence holder, Mohammed Khawar, on 1 July 2020 and Gulzar Ahmed was the DPS.
The restaurant had an alcohol licence for consumption on the premises and the provision of late-night refreshments premises licence.
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