Agenda item

The Sub Committee received a request from the licence holder for consideration of this matter to be adjourned to enable him to have legal representation at the meeting.

To support his application for an adjournment,  the Licence Holder advised that his solicitor had been leave until the day of the meeting  and was therefore unable to attend this meeting. The Police objected on the grounds of the seriousness of their concerns regarding the control and operation of this premises and the lateness of this application for an adjournment. In response to questions, the Police advised that although they were unaware that the licence holder wised to have a legal representative at this meeting, they had been approached by his solicitor. 

The Assistant Solicitor advised the Sub Committee on the human rights issues relating to the rights to have a fair hearing and legal representation. 

The Sub Committee adjourned at 1.25pm to consider the request.

At 1.36pm the meeting reconvened

In response to a question from the Chairman, the members of the Licensing Team present at the meeting advised that they had no objection to an adjournment.

The Sub Committee recognised the severity of the situation and understood that the issues raised by the police were serious and merited earliest consideration. However, the Sub Committee also recognised that in the interests of justice, the licence holder had the right to legal representation and for him to make his representation. Therefore, it was:

RESOLVED that this meeting be adjourned in accordance with Regulation 12 of the Licensing Act 2003 (Hearing) Regulations 2005 until 10am on Friday 6 October 2017 at the Public Service Plaza.

The Chairman advised the licence holder that in view of the seriousness of this matter, the hearing would proceed on the 6 October 2016 even if the licence holder and/or his legal representative failed to attend.

The Police representatives wished it to be recorded that they disagreed with the decision to adjourn in view of the nature and seriousness of the issued raised in their application for review.

The meeting was adjourned at 1.43pm

The meeting reconvened on 6 October 2017

The Sub-Committee considered an application for a Premises Licence in

respect of Istanbul Grill, 280 London Road, Waterlooville.

The Sub Committee considered the officer’s report, the application for review and the licence holder’s written response to the review

The Licensing Officer presented her report to the Sub-Committee and gave an

outline of the application and representations received.

All parties were invited to make representations to the Sub-Committee in

relation to the application. The parties responded to members’ questions and

were given an opportunity to ask questions of each other.

The Sub-Committee adjourned at 12.05 pm to consider the application.

At 13.05pm the meeting reconvened and the Democratic Services Officer read the decision to the parties.

DECISION OF THE LICENSING SUB-COMMITTEE

The Sub Committee was concerned to learn about the allegations presented by the Police but appreciated that specific details could not be revealed in view of ongoing investigations.

The Sub Committee considered that the intelligence presented to them demonstrated a failure in the management of the premises which was clearly not promoting the licensing objectives, in particular in relation to the prevention of crime and disorder and the protection of children from harm. A revocation of the premises licence would give the licence holder an opportunity to address the current management issues and put practices in place to promote the licencing objectives.

RESOLVED that the premises licence be revoked on the grounds that the following licensing objectives had been breached, namely, the prevention of crime and disorder and the protection of children from harm.

In making the decision the Sub-Committee had regard to:

1)           The intelligence submitted by the Police

2)           The fact that a suspension of the premises licence, or the addition of  conditions, would not be appropriate as these would not overcome the risk presented to children and/or crime and disorder taking place at this premises.

In reaching its decision the Sub-Committee had regard to the amended

guidance issued under section 182 of the Licensing Act 2003, in particular

paragraphs 11.24 to 11.28.