Licensing (Premises) Sub-Committee - Thursday 5 February 2026, 10:30am - Buckinghamshire Council Webcasting

Licensing (Premises) Sub-Committee
Thursday, 5th February 2026 at 10:30am 

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  1. Cllr Heather Wallace
  2. Clare Gray - Democratic Services
  3. Cllr Heather Wallace
  4. Alaka Thomlinson - Legal
  5. Hilary White - Legal Assistant
  6. Kerryann Ashton - Licensing Officer
  7. Catriona Crelling - Licensing Authorrity
  8. Clare Gray - Democratic Services
  9. Trevor Hooper - Thames Valley Police
  10. Insp. James Davis - Thames Valley Police
  11. DC Georgi Issott - Thames Valley ppolice
  12. Michael Michael - Witness from Mirage
  13. Gary Grant - License Holder's Representative
  14. Aaron Sinikia - Witness from Mirage
  15. Jim Sollars - Expert Witness from Complete Licensing
  16. Adrian Studd - Expert Witness from Complete Licensing
  17. Ryan Lindley - Witness from Regency Security Services
  18. Peter Michael - Director, Mirage
  19. Cllr Heather Wallace
  20. Clare Gray - Democratic Services
  21. Cllr Heather Wallace
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Share this agenda point
  1. Alaka Thomlinson - Legal
  2. Cllr Heather Wallace
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  1. Kerryann Ashton - Licensing Officer
  2. Cllr Heather Wallace
  3. Webcast Finished

Cllr Heather Wallace - 0:00:00
Good morning ladies and gentlemen. Our first business on the agenda is to
Clare Gray - Democratic Services - 0:00:05
confirm the Chairman for today's hearing and I confirm that Councillor Heather
Wallace has been selected to chair this hearing.
Hello good morning. Okay so welcome to the Buckinghamshire Council licencing
Cllr Heather Wallace - 0:00:22
subcommittee hearing in relation to the application of premises located at
Mirage 39a Buckingham Street, Aylesbury, Buckinghamshire, HP 22 NQ. This part of
meeting is the public part and has been webcast part of the meeting will be
private and at that point any public press present will be excluded and the
webcast will be turned off so as Claire said I'm councillor Heather Wallace and
I'd like to introduce you to the other panels on my left and on my right
Councillor Philip Galvin covers Quaint award. Carrying round to the officers.
Alaka Thomlinson - Legal - 0:00:59
Sorry I'm Alika Tomlinson I'm legal advisor to the subcommittee this morning.
Hilary White - Legal Assistant - 0:01:08
Hillary White legal assistant. Good morning Kerry and Ashton licencing
Kerryann Ashton - Licensing Officer - 0:01:10
Catriona Crelling - Licensing Authorrity - 0:01:14
officer for Buckinghamshire council. Good morning I'm Katrina Crayling from the senior
licencing officers for Buckinghamshire council. Hello I'm Claire Grey from
Clare Gray - Democratic Services - 0:01:22
Democratic Services and I'm clocking the meeting today. And then the police.
Trevor Hooper - Thames Valley Police - 0:01:31
Good morning I'm Trevor Hooper police licence. Morning Inspector James Davis neighbourhood
Insp. James Davis - Thames Valley Police - 0:01:35
police and inspector from the north of Buckinghamshire. Morning my name is Georgie I'm a detective
DC Georgi Issott - Thames Valley ppolice - 0:01:41
constable from Thames Valley Police I'm the officer in charge. Thank you and can I start
with Michael Michael if you can introduce yourselves.
Michael Michael - Witness from Mirage - 0:01:48
I'm also one of my instructive solicitors,
but we'll come to that as well.
Gary Grant - License Holder's Representative - 0:01:54
Gary Grant and the Barrister Act
are the licence holders branch.
Right.
Eric Cikaya from the Nevada,
Russia.
Aaron Sinikia - Witness from Mirage - 0:02:03
Jim Sollars - Expert Witness from Complete Licensing - 0:02:06
Jim Soto is a compliance expert
from the country consistency.
I'm arguing starting independent licence.
Adrian Studd - Expert Witness from Complete Licensing - 0:02:13
I'm Ryan in the art and property
to secure services and security.
I'm a rights lawyer.
Ryan Lindley - Witness from Regency Security Services - 0:02:16
Peter Michael - Director, Mirage - 0:02:19
Can I just ask if everyone could make sure they've used their microphone, which is the
Cllr Heather Wallace - 0:02:28
press the green button in the middle with the little mic sign.
And then once you finish speaking, turn it off again because it'll only let certain
amounts of microphones work at any given time. Thank you, Claire. I was going to do that,
but thank you for jumping in. Right. Marvellous. All right. So thank you everyone for that
introduction so I can confirm that if any relevant person is not present then
their representations will have been read and will be considered when
reaching a decision. Okay so do we have any apologies? We received no apologies
Clare Gray - Democratic Services - 0:03:00
Cllr Heather Wallace - 0:03:02
Chairman. Lovely, thank you very much. Agenda item number four is declarations of

4 Declarations of interest

interest under the council's code of conduct. Do any members wish to declare
any interest? No. Thank you. Right.

5 Hearing Procedure Rules

Agenda number five. We have the licencing subcommittee hearing procedural rules which
are appended to the agenda pack for information. Please could all parties and attendants confirm
that they have seen and understood the procedure to be followed?
Yes. Thank you. Right. So the purpose of the meeting as we
said should be borne in mind at all times to enable those with the right to appear to
advance their point of view and concerns, to test the case of their opponents and to
assist the subcommittee to gather evidence and understand the relevant issues.
Please be reminded that parties should only address the subcommittee in relation to matters
previously raised and submitted and the subcommittee may depart from this procedure if we decide
that that's necessary or critical to do so. Are there any other points to consider?
Q. Mr Chairman, yes. Just to confirm, you've obviously all had the revised running order
Alaka Thomlinson - Legal - 0:04:11
in terms of the amendment to the procedure rules today. The subcommittee have confirmed
that they are agreeable to amending the procedure to make sure everyone has a fair hearing and
everyone has a fair chance to present their case and to present their closing. In addition,
can I just clarify in accordance with our rules Chairman you and your colleagues
have confirmed that you're happy to hear from the witnesses that are part of the
group coming from the premises licence holder. I am Councillor Gough. Yeah I'm happy.
Councillor Zane. Yes. Thank you and then just finally in relation to the draught
conditions that have gone backwards and forwards thank you very much for sending
through the amendments yesterday. I just wondered if I could clarify a couple of
points with you. At number six it says the premises shall employ a custom
welfare officer whose role will be to ensure customer care is given to
vulnerable persons and ensure their staff are trained in the ask Angela or
scheme. It then says the welfare officer will be easily identifiable by customers. Can we
change that to the welfare officer shall be easily identifiable by customers. So it's
just changing the word will to shall. And then just moving further down, when we come
to number 10 we've got the A, B and C as part of C it does say customers shall
not remove any such glass bottles from the table and then at D currently it
says staff shall clear all empty champagne and spirit bottles promptly
from the tables and then repeats customers shall not be permitted to
their table carrying any such glass bottles or drink directly from the bottle. I think
that's covered at C above. So I was just going to suggest that that was deleted.
Okay. And then I'm sure that you will be aware, but I think it's worth just clarifying. Obviously
these conditions have been put forward and I've come back to you with proposed wording
on a without prejudice basis. No decision at all has been made by the subcommittee
ahead of this hearing as to possible outcomes. All right. Thank you. Thank you.
Cllr Heather Wallace - 0:06:50
Thank you, Alika. Right, okay, so we've done that. We are now on to agenda item

6 Mirage, 39A Buckingham Street, Aylesbury, Buckinghamshire, HP20 2NQ

number six. So we move to consider the officer report to be read by Miss Ashton.
can we go again? Thank you, Chair. So the review application has been submitted by Trevor
Kerryann Ashton - Licensing Officer - 0:07:15
Hooper on behalf of the Chief Constable Thames Valley Police in respect of
Mirage 39A Buckingham Street, Aylesbury, HP 20 to NQ. Following the receipt of a
request for a review on the 18th November, a 28 -day public advertising
exercise has been undertaken in accordance with the Licencing Act 2003
regulations. The grounds for a review are under the prevention of crime and disorder
and public safety. So the premises is located within the town
centre of Ellsbury, consists of a nightclub in the basement level with residential flats
above. The premises is accessed via a foyer leading
to a staircase descending to the basement level and the bar is divided into several
zones including a VIP lounge, dance floor and general seating area.
Until recently, the premises also operated as a sexual entertainment venue on a Thursday,
and I will deal with this later in my report.
The licence for activities currently authorised by the licence are sale of alcohol Monday
to Wednesday 12 till 2 .15, performance of music 12 till 2 .30, and late night refreshment
until 2 .30, with a closing time of 2 .30.
Thursday to Saturday sale of alcohol is 12 to 245 with music until 3 a .m. and
late night refreshment also 2 or 3 a .m. and with a closing time of 3 a .m. and on
a Sunday sale of alcohol 12 till 11 music till 11 30 with a closing time of
11 30. A location plan of the premises is attached to the report marked as
appendix one. So the original premises licence was granted in 2005 as part of a
conversion application under the licencing act transitional arrangements
which authorised the sale of alcohol and regulated entertainment. The premises
applied for a variation in October 2005 to extend the hours for sale of alcohol
and regulated entertainment and this was also granted under delegated powers.
Premises licence applied for another variation in 2008 which was granted by a
licencing subcommittee and this variation was to extend the hours again for the sale
of alcohol and regulated entertainment. There was a review of the premises licence in July
2018 which was applied for by an interested party on the grounds of prevention of public
nuisance. During the consultation period the applicant and the licence holder met to discuss
the review and the issues and they reached an agreement with some changes that would
implemented at the premises. On hearing the review, the subcommittee determined
that no further action was necessary as an agreement had been reached between
the parties and Environmental Health had reported no significant noise issues.
A further variation was applied for in August 2024. The variation sought to
extend the current licence blackivities on a Friday and Saturday until 3 .15. The
application received representations from Thames Valley Police and Elsbury
Council as was determined by licencing subcommittee and this application was
refused. The current licencing place was issued in 2018 following a licence
transfer to Buckingham Development Ellsbury
Limited to Mirage Ellsbury Limited. An application to vary the designated
premises supervisor was received on the 20th of January 2026 to change it
from Peter Andreas Michael to Aaron David Sinker.
This is now the current version of the licence
was issued on January 23rd, 2026.
To assist the panel, I have completed a licence timeline
that confirms when the transfers took place.
So in 2005, the premises was originally called St. James.
The DPS at that time was Jack Michael,
and he was DPS until 2016. The licence holder from 2005 to 2009 was St James Leisure Club
Limited. The licence transferred in 2018 -2009 to Buckingham Developments, Aylesbury Limited.
In 2011 the premises changed the trading name to Mirage. The DPS was changed in 2016 to
Peter Andreas Michael and he left on the 20th January 2026. New DPS was applied
for on the 20th of January and the licence holder from 2018 to the current
present time is Mirage Ellsbury limited. So following an incident at the
premises on the 1st of November 2025 an application for review was submitted to
licencing authority from Thames Valley Police on the 11th of November. A revised version
of the application was received on the 18th of November. The review application consists
of the review application form attached as appendix 3 and two accompanying police reports
dated the 11th, appendix 4 and the 18th of November, appendix 5. The first report sets
out the police's evidence to support the review application and the second report
was submitted to address some incorrect information pertaining to the licence in
the first report. The review application was therefore treated as having being
submitted on the 18th of November. The grounds for review under the prevention
of crime and disorder and public safety.
During the consultation period the licencing authority submitted a representation and a
copy of the representation can be found marked as Appendix 6 and no other responses were
received from any other responsible authorities. Five valid representations were received during
the 28 -day consultation period from other persons on the grounds of public safety and
And these can be found marked as appendix 7.
The representation received from the licencing authority in response to the review application
raises concerns related to the promotion of the prevention of crime and disorder and public
safety.
In summary, the licencing authority in consideration of evidence provided by Thames Valley police
is concerned that Miraj's management has failed to uphold the high standards.
ignored existing licencing conditions, demonstrated attitudes that compromised customer safety.
These failings seriously undermine the objectives of preventing crime and disorder and ensuring
public safety. And the licencing authority support any steps the licencing premises subcommittee
deems necessary, including potential revocation or stringent conditions.
within the report accompanying the review application Thames Valley Police
stated they would also support a review of the current SEV licence following
this request licencing officers conducted an SEV licence compliance
audit at the premises on the 18th of December 2025 the senior licencing
officer wrote to Mirage Ellsbury limited on the 6th of January 2026 to inform the
the licencing authority was minded to revoke the SUV licence as a result of the licencing
officer's findings during the audit. On receipt of this letter, the licence holder, through
their legal advisors, requested that the SUV be cancelled on the basis that the premises
would no longer be operating as an SUV in the future and the licence has accordingly
been treated as surrendered. In terms of policy considerations, regard must be had to the
licencing policy published February 2022 when determining this review.
Of particular relevance are the sections relating to section 3 part C promoting the licencing
objectives and section 4 part D licence reviews. The licencing authority will take this policy
into account when determining a review. If a failure to comply with the policy has been a
contributing factor in the nonpromotion of the licencing objectives. This is likely to
be reflected in any decision made by the licencing authority. The licencing authority seeks to
encourage the highest standards of management in licenced premises and expects this to be
demonstrated through the operating schedule. When assessing a licensee's ability to demonstrate
a commitment to high standards of management, the licencing authority will take into account
whether the applicant or licensee can demonstrate the following.
Comprehensive knowledge of best practise has sought advice from responsible authorities,
has implemented any advice that has been given by the responsible authorities, is able to
understand verbal and written advice and legal requirements, can demonstrate knowledge of
the licencing objectives relevant to the parts of the policy and their responsibilities under
the Act, is able to run their business lawfully and in accordance with good business practises,
can demonstrate a track record of compliance with legal requirements.
In considering review applications, the licencing authority will take into account whether such
standards have been previously observed at the premises and whether such standards are
appropriate in order to promote the licencing objectives.
In relation to the prevention of crime and disorder, the Council's licencing policy states,
the licencing authority will treat the police as the main source of advice on conditions to be
applied in order to promote the crime prevention objective. The licencing authority encourages
designated premises supervisors and others connected with the sale of alcohol to attend
meetings aimed at the reduction of crime and disorder such as local pub watch and shop watch
schemes. It is expected that all premises licenced to sell and supply alcohol will have
measures in place to prevent serving alcohol to customers who are drunk and permitting
drunkness on the premises. The expected measures include written policies and procedures, documented
staff training and refresher training, the use of refusal logs and incident reports and
the use of appropriate signage. Regard must also be had to the national guidance issued
under the Home Office under Section 182 of the Licencing Act.
The legislation provides a clear focus on the promotion of the four statutory objectives
which must be addressed when licencing functions are undertaken.
The licencing objectives are the prevention of crime and disorder, public safety, prevention
of public nuisance and the protection of children from harm.
Each objective is of equal importance.
There are no other statutory licencing objectives so the promotion of the four objectives is
paramount consideration at all times. In relation to the prevention of crime and
disorder the statutory guidance states licencing authority should look to the
police as the main source of advice on crime and disorder and they should also
seek to involve the local community safety partnership. Conditions
relating to the management competency of designated premises supervisors should
not normally be attached to the premises licence. It will normally be the
the premises licence holder as an employer and not the licencing authority to ensure
that the managers appointed at the premises are competent and appropriately trained. The
designated premises supervisor is the key person who will usually be responsible for
the day -to -day management of the premises by the premises licence holder, including
prevention of crime and disorder. The objective to crime under the licencing act would include
taking measures to prevent incidents of spiking which would usually be prosecuted under section
23 and 24 of the offences against the person act 1861 and section 61 of the sexual offences act.
All premises licences authorising the supply of alcohol include mandatory conditions
to prevent irresponsible drinks promotions.
One example of this type of activity specified in the mandatory conditions
is the dispensing of alcohol directly by one person into the mouth of another.
In relation to public safety, the statutory guidance states
licence holders have a responsibility to ensure the safety of those using their premises.
As part of their duties under the 2003 Act,
the concerns of safety of the people using the relevant premises rather than public health,
which is addressed in other legislations.
Physical safety includes the prevention of accidents and injuries and other immediate
harms that can result from alcohol consumption such as unconsciousness or alcohol poisoning.
The 2003 Act provides for the following mandatory conditions to be included in every licence
in the circumstances specified. The responsible person must ensure that no alcohol is dispensed
directly into the mouth of a customer. In terms of reviews, section 11 of the guidance
outlines the review process and the powers available to the licencing authorities when
determining a review. At any stage following the grant of a premises licence, a responsible
authority or any other person may ask the licencing authority to review the licence
because of a matter arising at the premises in connexion with the four licencing objectives.
The licencing authority may decide that the review does not require it to take any further
steps appropriate to promoting the licencing objectives. In addition, there's nothing to
prevent a licencing authority issuing an informal warning to the licence holder or to recommend
and improvement within a particular period of time.
It is expected that licencing authorities will regard
such informal warnings as an important mechanism
for ensuring that the licencing objectives
are effectively promoted and that warnings should be issued
in writing to the licence holder.
However, where responsible authorities such as the police
or environmental health officers have already issued warnings
requiring improvement either orally or in writing,
that have failed as part of their own approach to address concerns, licencing authorities
should not merely repeat that approach and should take this into account when considering
what further action is appropriate.
Where the licencing authority considers the action under its statutory power is appropriate,
it may take the following steps.
To modify the conditions of the premises licence, which include adding new conditions or altering
conditions, for example by reducing the hours or requiring door supervisors at a
particular time. Exclude a licence activity from the scope of the licence,
remove the designated premises supervisor, suspend the licence for a
period not exceeding three months or revoke the licence. In deciding which of
these powers to invoke is it is expected that the licencing authority should so
far as possible seek to establish the cause or causes of the concerns that
representations identify. The remedial action should be generally directed at
these causes and should always be no more than appropriate proportionate and
in response to address the cause of concern that instigated the review. For
example licencing authorities could consider the possibility that removal of
the designated premises supervisor may be sufficient to remedy a problem where the cause
of the identified problem directly relates to poor management decisions made by that
individual.
Equally, it may emerge that poor management is a direct reflection of poor company practise
or policy and the removal of the designated premises supervisor may be an inadequate response
to the problems presented.
Licencing authority should also note that modifications of conditions and exclusions
of licenced activities may be imposed either permanently or for a temporary period of up
to three months.
For instance, a licence could be suspended for a weekend as a means of deterring the
holder from allowing problems that have given rise to the review to happen again.
However, it will always be important that any detrimental financial impact that may
result from the licencing authority's decision is appropriate and proportionate to the promotion
of the licencing objectives.
But where premises are found to be trading irresponsible, the licencing authority should
not hesitate where appropriate to do so, to take tough action to tackle the problems at
premises and where other measures are deemed insufficient to revoke the licence.
The panel is required to have human regard to human rights when determining this application.
The decision regarding the application will have human rights implications to both the
licence holder and persons making relevant representations which need to be considered
equally and fairly so that decision is proportionate and the right balance is
met. You should also consider article 8 and article 1 of the first protocol the
right to respect for private and family life and peaceful enjoyment of property
and possessions and this can also include a licence. The subcommittee is
obliged to determine applications in light of the above and any other
material considerations with a view to promoting the four licencing objectives.
which are prevention of crime disorder, public safety, prevention of public nuisance and
the protection of children from harm.
Regard must also be had to the council's licencing policy, home office guidance issued under
section 182 of the licencing act, any relevant representations received and the evidence
presented today at the hearing.
Each case must be considered on its own merit and any conditions attached to premises licences
must be tailored to the individual style and characteristics of the premises.
This is essential to avoid the imposition of disproportionate and overly burdensome
conditions on the premises.
And standardised conditions should be avoided and indeed may be unlawful where they cannot
be shown to promote the licencing objectives in the individual case.
The subcommittee must avoid duplication of other legal requirements and should only impose
conditions on a premises licence which are appropriate and proportionate for the promotion
of the licencing objectives and where additional supplementary measures are required in order
to promote the licencing objectives. The following options are available to the licencing committee
to determine this application. To modify the conditions of the licence, exclude a licence
of activity from the scope of the licence, remove the designated premises supervisor,
suspend the current licence for a period not exceeding three months, revoke the
licence or take no further action or take informal action. That concludes my
report chair and I'm happy to answer any questions.
Cllr Heather Wallace - 0:27:10
Okay so what we're going to do now is we've considered and resolved that
under section of 100A4 of the Local Government Act 1972 the public will be
excluded from the meeting on the grounds that it involves a likely disclosure of exempt
information as defined in the paragraph indicated on part one of schedule 12A of the Act. Paragraph
one, information relating to any individual. Paragraph two, information which is likely
to reveal the identity of any individual. And paragraph seven, information relating
to any action taken or to be taken in connexion with prevention, investigation, or prosecution
of crime. So, we're going to stop the webcast now. Thank you.