Tamworth Borough Council Revokes Town Centre Takeaway Licence

TBCA town centre takeaway has had its licence revoked by Tamworth Borough Council’s Licensing Sub Committee, following an incident where two members of the public were assaulted.

Ephesus, 11A Church Street, Tamworth, now has 21 days to appeal against the decision. The committee’s decision will not come into force until the end of the appeal process. If the decision is appealed It would then be heard at Magistrates’ Court.

Members of the Licensing Sub Committee watched CCTV footage of the incident which took place on June 20th this year. It was determined – on the balance of probabilities – that members of staff were responsible for and watched the assault take place.

The licence was revoked in order to promote crime and disorder and public safety objectives under the Licensing Act 2003.

Staffordshire Police had raised concerns in relation to the incident on June 20, along with additional breaches of the licence conditions, which took place between August 24 and November 24 this year.

The committee considered modifying the conditions of the licence or suspending it for up to three months, but after hearing the evidence, it was not satisfied the licensing objectives would be properly adhered to.

Cllr Andrew James, chairman of the Licensing Sub Committee, said, “Following the evidence put before the committee and the seriousness of the breaches, we took the decision to revoke the licence.

“Crime and disorder is top of the public’s concerns in Tamworth and also a key factor under the licensing act. This is not the first time the committee has taken such a decision; this should send a clear message: the committee views all breaches of conditions seriously and will take appropriate action.”

  • the licence for the premises has been revoked. As no sale of alcohol is involved, a personal licence is not required to be held by the owner of the business
  • the only licensable activity permitted is the supply of hot food and hot drinks
  • if an appeal is not lodged or if magistrates uphold the committee’s decision, the premises could still trade up to 11pm offering hot food, but not after 11pm

Under licensing legislation, the proprietors now have 21 days to lodge an appeal against the decision. Until this time, Ephesus can continue to trade and supply hot food and hot drinks to customers after the hours of 11pm until the closing time stated in its premises licence.

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