Agenda item

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

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

Before considering the review the Sub Committee was asked whether to accept four late representations received in support of the previous premises licence holder, Mr Saman Adil. The objection of the Dorset Police representative to allowing the representations at this stage was noted. The Sub Committee did not agree to accept the late representations. It was noted that additional information had been circulated to all parties in advance by Dorset Police, this had expanded on information already included in the Police’s application for review.

The Senior Licensing Officer 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 Polski Sklep, 17 Lansdowne Road, Bournemouth BH1 1RZ, on the grounds that the premises was not upholding the prevention of crime and disorder licensing objective as the premises was involved in the sale and storage of smuggled tobacco. Within the consultation period one representation in support of the review had been received from a nearby business.

Correspondence between Dorset Police, the Licensing Authority and Mr Adil’s legal representative regarding the imminent sale of the premises was included at Appendix 4 of the report. The Senior Licensing Officer confirmed that the premises licence had now been transferred from Mr Adil to Mr Che-Hui Tsang. Mr Tsang was also the new Designated Premises Supervisor. Mr Tsang was now operating the premises as a Chinese Supermarket.

The following persons attended the Sub Committee and gave verbal evidence based on the written submissions:

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

·       Mr Saman Adil, premises licence holder at the time the application for review was made.

·       Mr Che-Hui Tsang, new owner of the premises and current premises licence holder and designated premises supervisor.

Members of the Sub Committee asked various questions to all parties present during the hearing.  All parties were given the opportunity to ask questions of one another.

During the hearing the following points in relation to the premises licence were clarified:

·       Mr Adil no longer had any involvement with the premises, following the sale of the premises and transfer of the premises licence to Mr Tsang.

·       None of the stock from Polski Sklep had transferred with the sale of the premises to Mr Tsang.

·       Mr Tsang’s premises did not sell tobacco or cigarettes.

·       Mr Tsang was an existing premises licence holder for a Chinese supermarket in Winton and intended to operate his new premises on similar lines. The sale of alcohol was limited to mainly specialist and premium Chinese brands, and formed a very small part of the business, most of which comprised the sale of Chinese groceries and snacks.

·       Some of the conditions of the existing premises licence needed reviewing as they related specifically to the operation of the premises as Polski Sklep.

All parties had the opportunity to sum up, before the Sub Committee retired to make its decision.

RESOLVED that having heard representations from the Police, Mr Adil the previous licence holder and Mr Tsang the current licence holder, and having considered the relevant policy and legislation the Sub Committee has decided to suspend the current premises licence for three months to allow Mr Tsang to apply to vary the existing licence.

Reason for Decision:

The Sub Committee was concerned by the problems that had occurred last year, however it noted that the premises are now under new ownership, the licence has been transferred, the nature of the operation is significantly different, and that Mr Adil no longer has any involvement with the business or licence. The reason that the licence has been suspended is that it does not reflect the current business under Mr Tsang and needs substantial amendment.

Should the licence be varied successfully within the three-month period it may be reinstated within that time.

The Legal Advisor to the Sub Committee advised all parties of the right of appeal against the decision, which may be made to the Magistrates’ Court within a period of 21 days beginning with the day that the applicant is notified in writing of the decision.