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
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 alleged offences that took place in it.
The Sub-Committee noted that a condition attached to the licence, namely condition 2 of annex 2, about making CCTV recordings available to the Police when requested had not been complied with and were very concerned that Mr Gilgil when questioned, stated he was never told of the conditions, that they were on the licence or what he was required to do in relation to them.
The Sub-Committee were extremely concerned that the seizure of illegal tobacco, dated 7 March 2020 was the second intelligence-led seizure recorded within a 12-month period at the premises. Despite the premises licence holder stating that the premises had been rented out when the first offence took place on the 18 June 2019, he remained the premises licence holder during this period and had been on the premises on the 18 June 2019 when a large volume of illicit tobacco had been seized. As licence holder he remained responsible for the premises and upholding the licensing objectives.
The Sub Committee noted that when the second seizure of illicit tobacco took place on the 7 March 2020, Mr Gilgil, was extremely obstructive and became increasingly threatening and abusive to the officers who attended. This is in contradiction to the type of behaviour expected from a premises licence holder. It calls into question if he would be able to deal with a stressful situation appropriately and whether he is supportive of working in collaboration with the Responsible Authorities such as Dorset Police in order to uphold the Licensing Objectives.
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.