Issue - meetings

To consider an application by Dorset Police for the review of a Premises Licence for the premises known as, New Capital Pizza and Kebab 51 Blandford Road Poole on the grounds of crime and disorder licensing objective  

In Attendance:

From BCP Council:

Nananka Randle – Senior Licensing Officer

Lesley Johnson – Consumer Protection Officer

Linda Cole – Senior Solicitor

Joseph Tyler –Democratic and Overview & Scrutiny Officer and Clerk 

On behalf of the Applicant, Dorset Police:

Louise Busfield – Drug and Alcohol Harm Reduction Team

Sergeant Gareth Gosling – Drug and Alcohol Harm Reduction Team

On behalf of the Premises:

Mahmut Gilgil – Premises Licence Holder

Gulsen Hinchley – Bournemouth Interpreters Group, translating for Mr Gilgil

The Chairman made introductions and, following a short adjournment, the procedure to be followed in considering the review was outlined and agreed by all parties.

The Consumer Protection Officer presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'B' to these Minutes in the Minute Book.  The Sub-Committee was asked to consider an application by Dorset Police to review the premises licence for Capital Pizza and Kebab, 51 Blandford Road, Poole on the grounds that the premises was not upholding the prevention of crime and disorder licensing objective. Specifically, that the premises was involved in criminal activity that the Licensing Act 2003 considers particularly serious, namely the sale and storage of smuggled tobacco. Dorset Police no longer had confidence in the DPS or Premises Licence Holder.

A copy of the application was attached to the covering report and provided detailed reasons for why the Police were seeking the review. The options available to the Sub Committee in determining the review were set out in the report’s recommendation.

Following the publication of the report Dorset Police provided additional witness statements from Philip Briaris Civil Servant, H M Revenue and Customs and Officer Huw Morgan Dyer of H M Revenue and Customs, which had been circulated to all parties in advance of the hearing.

The following persons gave verbal evidence at the hearing:

·       Sergeant Gareth Gosling and Louise Busfield, on behalf of the Chief Officer of Dorset Police, the applicant.

·       MahmutGilgil – Premises Licence Holder

RESOLVED that: having considered the application, the supporting documentation and the representations made by Dorset Police and those on behalf of the premises at the meeting, and having regard for the 2003 Licensing Act and accompanying guidance, the Sub-Committee decided to revoke the premises licence for Capital Pizza and Kebab, 51 Blandford Road, Poole on the grounds that the premises was not upholding the Licensing Objective of the prevention of crime and disorder.

Reasons for Decision:

The Sub-Committee considered the options available as set out in the recommendations of the report and the Licensing Act 2003. The Sub-Committee did not consider that any of the other available options would be appropriate in upholding the Licensing Objectives. The Sub Committee had no confidence in the premises licence holder who is also the owner and manager of the business run from these premises. They were of the view he took no responsibility in how he managed the premises and was quick to blame others for the  ...  view the full minutes text for item 130