Agenda item

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

Attendance:

From BCP Council:

Sarah Rogers – Senior Licensing Officer

Nananka Randle – Licensing Manager

Tania Jardim – Licensing Technician

Sean Whitney – Public Health and Protection Manager

Johanne McNamara – Senior Solicitor

Joseph Tyler – Democratic and Overview and Scrutiny Officer

On behalf of Dorset Police:

Sergeant Gareth Gosling – Drug and Alcohol Harm Reduction Team

Louise Busfield – Licensing Officer

On behalf of the license holder:

David Ramsey - Licensing Consultant

Mr Muzaffer Oksuz – Licence Holder

Miss Esra Oksuz - (Daughter of Mr Oksuz for translation purposes

Mr Ismail Gunduz - Proposed Designated Premises Supervisor

Press: 2

The Chairman opened the meeting, made introductions and explained the procedure for the hearing, to which all parties agreed. The Senior Licensing Officer presented the report  and informed the Sub-Committee that where representations are received the Licensing Authority is obliged to hold a hearing to consider those representations and determine what action to take in respect of the application.The Sub-Committee were asked to consider an application to review the premises licence for ‘More the Merrier’, under Section 51 of the Licensing Act 2003, made by Dorset Police on 4th September 2019 following a breach of licence condition 2.12: “Muzaffer Oksuz will not be responsible for, or authorise, any sale of alcohol at the premises.” Dorset Police believed that the premises was not upholding two of the licensing objectives: ‘The prevention of crime and disorder and protection of children from harm’.Since the application as lodged by Dorset Police, there had been mediation between the premises, their agent and Dorset Police, to which the Licensing Authority had been informed. On the 15th October 2019 an email was received confirming that an additional condition to the licence had been agreed between the premises and Dorset Police. The condition states “A personal licence holder will be present on the premises at all times when alcohol sales are made.”.

The Applicant’s representative, Mr David Ramsay, submitted additional documentation via email on 7 November 2019 that inlcuded a list of actions that Mr Oksuz was willing to take. All parties received this information and hard copies were circulated at the start of the hearing and are attached as an appendix to these Minutes. Dorset Police advised the Sub-Committee that they would be satisfied if the good practices recommended in Mr Ramsey’s review, the measures discussed during the Sub-Committee and the agreed additional conditions were all adopted and adhered to by the premises.

RESOLVED that:-

Having considered the written evidence submitted before the hearing along with the verbal submissions at the hearing, and noting the successful outcome of mediation between the premises and Dorset Police, the sub-committee decided to modify the licence as follows:

1)       The Dedicated Premises Supervisor will to be Mr Ismail Gunduz

2)       The Premises Licence Holder to be Mr Ismail Gunduz

3)       The Licence to be varied to reflect the recommendations as set out in David Ramsay’s report dated the 4th November 2019. The exact wording of the variations to be sent out with the formal decision letter as the sub-committee are mindful that some of the recommendations are already duplicated in the existing licence.

4)       A Personal Licence Holder will be present on the premises at all times when alcohol sales are made.

In reaching this decision the sub-committee considered that as the premises licence holder, Mr Oksuz should have been aware of and understood the terms of the licence. The Sub Committee also noted that point 4 had been agreed following mediation with Dorset Police. Dorset Police also indicated that if this was adhered to, they would have no further concerns. It was also noted that Mr Oksuz offered the recommendations in Mr Ramsay’s report as conditions.

Right of Appeal

The Legal Advisor reported that all parties to the application have the right to Appeal to the Magistrates Court within the period of 21 days beginning with the day on which the applicant is notified by the Licensing Authority of the decision in writing.