BOROUGH OF POOLE

LICENSING SUB COMMITTEE

On 14h October 2008 at 17:00 hours,

Upton House, Upton Country Park, Poole

REPORT OF HEAD OF ENVIRONMENTAL AND CONSUMER PROTECTION SERVICES

APPLICATION FOR THE REVIEW OF THE PREMISES LICENCE FOR THE PREMISES KNOWN AS MUNCHIES, 65 HIGH STREET, POOLE, SITUATED WITHIN POOLE TOWN WARD

1.0 /
Introduction
1.1 / An application has been received from Dorset Police for a review of the Premises Licencefor the premises known as Munchies, 65 High Street, Poole. A hearing was held on the 16th September and was adjourned to be reconvened today, the 14th October 2008.
2.0 / Background
2.1 / The Licensing Act 2003 enables the Licensing Committee to consider applications for review of Premises Licences or Club Premises Certificates from responsible authorities or interested parties, and have regard to any relevant representations received.
The Licensing Act 2003 gives the Licensing Committee the power to take such steps (If any), as it considers necessary for the promotion of the licensing objectives. The steps are to;
modify the conditions of the licence by altering, omitting or adding conditions;
exclude a licensable activity from the scope of the licence;
remove the designated premises supervisor;
suspend the licence for a period not exceeding three months;
revoke the licence.
Should the Licensing Committee take such steps as to modify the conditions or exclude a licensable activity the Licensing Act 2003 allows for such actions to have effect for a temporary period, not exceeding three months, as it may specify.
2.2 / Following the outcome of the committee hearing, all parties to the application have the right to appeal to the magistrates court within the period of 21 days beginning with the day on which the appellant was notified by the licensing authority of the decision appealed against.
2.3 / The determination of the application for review will not have effect until the end of the period given for appealing against the decision or, if the decision is appealed against, until the appeal is disposed of.
3.0 /

Matter for consideration

3.1 / Committee members are reminded that Munchies is located at 65 High Street situated within Poole Townward.
A location map is attached as appendix A.
3.2 / Munchies is a take-away premises.
3.3 / The grounds for review are as follows;
  • A serious incident of disorder occurred on the High Street whereupon a male member of the public was assaulted. Two members of staff from Munchies came out to the High Street and one of these members was seen to assault a male on the floor.
  • A meeting was held with the licence holder, Mr Mesut Kaya, in an attempt to mediate. The licence holder agreed on conditions to be added to the licence and he was given seven days to submit a Premises Licence variation application. This application was never submitted and the Police have therefore deemed it necessary to seek a review of the licence.
The application for review relates to the following licensing objective;
  • The prevention of crime and disorder.
The application is attached as appendix B.
3.4 / The premises holds a Premises Licence, which authorises late night refreshment.
Mr Mesut Kaya is the holder of the Premises Licence.
The premises licence is attached as appendix C.
3.5 / Consultation has been carried out and the application has been advertised in accordance with the Licensing Act 2003.
4.0 / Conclusion
4.1 / The Committee members are asked to consider the application and the evidence that is given before them and to make their decision. The Committee members must bear in mind when making their decision the Borough of Poole licensing policy, the guidance as set out by the Secretary of State, and the licensing objectives as set out in the Licensing Act 2003.
5.0 / Recommendations
5.1 / The Committee is recommended to determine what action should be taken.

S ROBSON

HEAD OF ENVIRONMENTAL AND CONSUMER PROTECTION SERVICES

1