The report of the Director of Planning, Building Control and Licensing is enclosed.

Consideration was given to a report of the Director of Planning, Building Control and Licensing regarding an application to transfer Premises Licence for Baytree Restaurant, 1140 Rochdale Road, Manchester, M9 6FQ.

Committee heard an application to transfer the licence to Mr Hafzur Rahman (Applicant) from the current premises licence holder, Habibur Rahman.

Summary of Applicant’s evidence 

Representations were made to the Panel that the Applicant had been managing the restaurant for approximately 5 – 6 years and that he would be capable of effectively managing the premises and upholding the licensing objectives.

The applicant stated that he had never been in trouble with the police and felt that he should be judged on his own actions and not those of his brother.

Summary of Greater Manchester Police (GMP) Evidence

GMP stated that the Applicant was currently subject to court proceedings after being charged with a serious offence of kidnapping along with two of his brothers. The Panel was advised that he was bailed to attend Minshull Street Crown Court.

GMP expressed their concern that two other brothers of the Applicant were currently serving prison sentences and stated that the transfer application had only been submitted to frustrate the review hearing.

The Panel carefully considered the representations of both parties and agreed with GMP that there were serious concerns that the Applicant would be capable of upholding the licensing objectives if the licence was transferred to the Applicant.

The offence of kidnap for which the Applicant is charged is a serious offence and led the Panel to conclude that there were serious implications for crime and disorder should the licence be transferred. In this regard, it noted the Applicant’s connection with other family members who had been convicted of criminal offences.

It agreed that the transfer of the licence was motivated, in part, to circumvent the review proceedings brought by GMP.

In arriving at its decision Committee took into account the licensing objectives, Licensing Act 2003 s182 guidance and MCCs Licensing Policy.

Decision  

To refuse the Application to transfer the Premises Licence.