Councillors and committees
Lal Akash – 25-27 High Street, New Malden, KT3 4BY
To consider the application for Review under the Licensing Act 2003.
The Licensing Sub-Committee considered an application made on 6 March 2019 by the Metropolitan Police for a review of the premises licence in respect of Lal Akash, 25-27 High Street, New Malden to permit the sale of alcohol and late night refreshment. The application was made on the grounds of the prevention of crime and disorder Licensing Objective, following a visit carried out by Officers from Kingston Police and the Home Office. During the visit, the premises was found to be operating in breach of conditions 12 and 13 of premises licence PL0178. The premises was also found to be employing persons without the correct permission to work in the United Kingdom.
At the beginning of the hearing the Team Leader – Licensing & Environmental Compliance explained that there were some discrepancies with the historic Licensing files that questioned the validity of the Review.
It was explained that Mr Jamiral Hoque, the current named Licence Holder had bought the premises from Mr Badrudin Ebrahim Manji some time in 2001 but there were no records within the Licensing files to show that an application had been made for transfer of the Premises Licence from Mr Manji to Mr Jamiral Hoque, despite his name being on the currently issued Premises Licence. The officer explained that a change in computer system in 2011/12 had meant that records between 2006 and 2011 were no longer held in full, however there was no indication on any records of such an application being made. Therefore, it appeared that Mr Hoque had been incorrectly named as the Licence Holder of the Premises for a number of years and the correct Licence Holder was actually, in law, Mr Badrudin Ebrahim Manji. It had transpired immediately before the hearing that Mr Manji had died a number of years ago which would mean that the Premises Licence may have lapsed and Mr Jamiral Hoque may not hold a valid Premises Licence.
The operator of the premises and named Premises Licence holder, Mr Hoque and his legal representative Ms Maureen Ogbu both confirmed that that Mr Hoque had no recollection of applying to transfer the Premises Licence from Mr Badrudin Ebrahim Manji to himself.
The Licensing Sub-Committee determined that if Mr Hoque was not the correct Premises Licence holder and Mr Manji had died in circa 2006, the Review may not be able to proceed, as it would have either, been served on the DPS and not the Premises Licence holder, or the Premises Licence may have lapsed. The Licensing Sub-Committee acknowledge that the Police had acted on the information available and any error was not due to them. However, the Licensing Sub-Committee accepted that records held by the Police may show that a transfer had been submitted. In fairness to the Police and Mr Hoque, the Licensing Sub-Committee was prepared to adjourn for that check to be carried out, albeit for a short period of two weeks.
Having considered the information before it, the Licensing Sub-Committee decided to ADJOURN the meeting to seek further clarification from Licensing Officers and the Police to provide evidence that the transfer of the Licence to Mr Hoque took place. It was considered that in the eventuality that there was no Licence in effect, that there would be no requirement to reconvene the meeting as the review would not be required.
- Lal Akash – 25-27 High Street, New Malden, KT3 4BY, item 13. PDF 3 MB
- JAH1 - Home office right to work guidance 2019, item 13. PDF 943 KB
- JAH2 - Forged Passport, item 13. PDF 51 KB
- JAH3 (1) - Immigration Q&A December 2018, item 13. PDF 1 MB
- JAH4 (1) - Immigration Q&A February 2019, item 13. PDF 744 KB
- JAH5 - Submitted from P.L.H, item 13. PDF 72 KB
- JAH6 - Right to Work Check Portuguese Passport, item 13. PDF 57 KB
- MG11 - Pc HARTLAND 140 TP, item 13. PDF 353 KB
- Personal Licence of Moynul Hoque, item 13. PDF 950 KB
- Photo ID of Moynul Hoque, item 13. PDF 582 KB
- Staff members at LAL AKASH March and April 2019, item 13. PDF 21 MB