Agenda and draft minutes

Licensing Sub-Committee
Tuesday, 28th April, 2020 10.00 am

Venue: Skype Meeting

Contact: Democratic Services  Email: democratic.services@bcpcouncil.gov.uk

Media

Items
No. Item

124.

Election of Chairman

To elect a Chairman of this meeting of the Licensing Sub-Committee.

Minutes:

RESOLVED that Councillor D Flagg be elected Chairman of the Sub-Committee for the duration of the meeting.

 

Voting: Unanimous

125.

Apologies

To receive any apologies for absence from Councillors.

Minutes:

Apologies for absence were received from Cllr T Johnson. Cllr G Farquhar as the nominated reserve stepped up to be a member of the Sub Committee.

Cllr R Burton was present as an observer, having agreed to be the new reserve.

126.

Declarations of Interests

Councillors are requested to declare any interests on items included in this agenda. Please refer to the workflow on the preceding page for guidance.

Declarations received will be reported at the meeting.

Minutes:

There were no declarations of interest.

 

In order to allow connections to be made by all participants for today’s meeting, the Sub-Committee agreed to change the running order of the agenda so that items 7 and 8 would be heard prior to item 6.

127.

Application for a New Premises Licence - Christchurch Food Festival, High Street Christchurch

The Sub-Committee is asked to formally open and adjourn the above hearing until 7 May 2020, in order to comply with the requirements of the Hearing Regulations, as agreed by the applicant and police.

Minutes:

The Chairman introduced the item and informed the Sub-Committee that they were being asked to formally open and adjourn the above hearing until 7 May 2020 in order to comply with the requirements of the Hearing Regulations.

 

RESOLVED that

the Sub-Committee agreed unanimously to formally open and adjourn the hearing for the Application for a New Premises Licence - Christchurch Food Festival, High Street Christchurch until the 7 May 2020.

128.

Application for a New Premises Licence - Christchurch Food Festival, Quay Road, Christchurch

The Sub-Committee is asked to formally open and adjourn the above hearing until 7 May 2020, in order to comply with the requirements of the Hearing Regulations, as agreed by the applicant and police.

 

Minutes:

The Chairman introduced the item and informed the Sub-Committee that they were being asked to formally open and adjourn the above hearing until 7 May 2020 in order to comply with the requirements of the Hearing Regulations.

 

RESOLVED that

the Sub-Committee agreed unanimously to formally open and adjourn the hearing for the Application for a New Premises Licence - Christchurch Food Festival, Quay Road, Christchurch until the 7 May 2020.

129.

Application for Review of Premises Licence - Supermarket Romania, 515 Christchurch Road pdf icon PDF 249 KB

To consider an application by Dorset Police to review the premises licence relating to the prevention of crime and disorder.

Additional documents:

Minutes:

In Attendance:

 

From BCP Council:

 

Nananka Randle – Senior Licensing Officer

Michelle Fletcher – Licensing Technician

Linda Cole – Senior Solicitor

Jill Aiken - Strategic Safeguarding and Quality Manager

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:

 

Robert Mazerski – Premises Licence Holder

Jon Payne – LSL Solicitors, representing Mr Mazerski

 

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

 

The Licensing Technician presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'A' 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 Supermarket Romania, 515 Christchurch Road, Bournemouth, on the grounds that the premises is not upholding the prevention of crime and disorder. Specifically, that the premises is 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 Police Officer Alice Fay, Boscombe Police Hub and Officer Huw Morgan Dyer of H M Revenue and Customs, which had been circulated to all parties in advance of the hearing. Following the publication of the agenda, Mr Jon Payne provided additional documentation, in the form of commercial receipts and supporting information, 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.

·       Robert Mazerski – Premises Licence Holder

·       Jon Payne – LSL Solicitors, representing Mr Mazerski

 

RESOLVED that: having considered the application, the supporting documentation and the representations from Dorset Police, BCP Council’s Children’s Services and those on behalf of the premises, and having regard for the 2003 Licensing Act and accompanying guidance, the Sub-Committee decided to revoke the premises licence for Supermarket Romania, 515 Christchurch Road, on the grounds that the premises was not upholding the Licensing Objectives of the prevention of crime and disorder, public safety and the protection of children.

 

Reasons for Decision:

 

The Sub-Committee considered the options available as set out in the recommendations of the report. The Sub-Committee did not consider that any of the other options would be appropriate in upholding the Licensing Objectives. The Sub Committee had no confidence in the current management of the premises. They were of  ...  view the full minutes text for item 129.

130.

Application for Review of Premises Licence - Capital Pizza and Kebab, 51 Blandford Road pdf icon PDF 148 KB

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  

Additional documents:

Minutes:

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.