To consider an application by Dorset Police to review the premises licence relating to the prevention of crime and disorder.
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 the view that the use of the premises for criminal activity had only stopped because the premises licence holder had been caught by HMRC and Dorset Police. The Sub-Committee agreed that the premises licence holder did not appear to realise how serious it was to sell illicit cigarettes and tobacco.
The Sub-Committee were concerned that simply modifying the conditions from those set out in the original licence dated 29 December 2016, would not result in the premises being managed responsibly and the Licensing Objectives being upheld. Members heard that conditions 2.5 and 2.8, had not been complied with, so did not want to add further conditions that may be difficult to enforce.
The Sub-Committee were advised that the current Designated Premises Supervisor (DPS) was to be changed from the Mr Mazerski to his wife. Again, the Sub-Committee had no confidence that this would resolve their concerns as Mr Mazerski would remain the sole director of the limited company, the manager of the premises and have significant role in running the premises.
The Sub Committee took particular account of paragraphs 11.23, 11.27 and 11.28 of the Guidance issued under section 182 of the Licensing Act 2005 and agreed that revocation of the premises licence was the only effective action that could be taken given the particularly serious nature of the criminal activity, in order to deter irresponsible trading and to promote the Licensing Objectives.
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.