To consider an application by Dorset Police to review the premises licence relating to the prevention of crime and disorder.
Minutes:
The Chairman made introductions. It was noted that Mr Bakhtiyar Ali Mohammed, the premises licence holder, was not in attendance or represented at the hearing. There had been no contact from Mr Mohammed regarding the review or his attendance at the hearing. The Legal Advisor to the Sub Committee referred members to the provisions in Section 20 of the Hearing Regulations relating to failure of parties to attend the hearing. Having regard to these provisions the Sub Committee agreed to hold the hearing in Mr Mohammed’s absence.
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 '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 D&A Mini Market, 733 Christchurch Road, Bournemouth BH7 6AQ, on the grounds that the premises was not upholding the prevention of crime and disorder licensing objective due to its involvement in the sale and storage of smuggled tobacco. The Senior Licensing Officer advised that the Licensing Authority had received no contact from the premises licence holder since serving the notice of review on 27 November 2019.
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 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.
During the hearing the following points in relation to the premises licence were clarified:
· That on two separate intelligence led operations a large quantity of smuggled cigarettes and tobacco associated with the premises was seized, as follows: on 20 June 2019, 11,580 cigarettes and 3.38 kgs of hand rolled tobacco, and on 14 November 2019, 8,340 cigarettes and 2.25kgs hand rolled tobacco.
Members of the Sub Committee had the opportunity to ask questions, before retiring to make their decision.
RESOLVED that having heard representation from the Police, and there being no representation from the premises licence holder, and having considered the relevant policy and legislation, in particular paragraphs 11.27 and 11.28 of the Revised Guidance issued under section 182 of the Licensing Act, the Sub Committee has decided to revoke the premises licence with immediate effect on the grounds of undermining the prevention of crime and disorder licensing objective.
Reason for decision:
1. The fact that two separate visits to the premises by the Police, HMRC and Trading Standards resulted in a large seizure of illegal cigarettes and tobacco.
2. The sheer volume of the goods seized.
3. The Sub Committee has no confidence that this illegal activity will not happen again, as there have been no representations either in writing or in person from premises licence holder.
The Legal Advisor to the Sub Committee advised 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.
Supporting documents: