To consider an application for a Transfer of the Premises Licence in respect of Zakopane, 16 Market Street, Torquay.

Members considered a report on an application for a Transfer of the Premises Licence for Zakopane, 16 Market Street, Torquay.  The Premises do fall within the Cumulative Impact Area.

Written Representations received from:

Additional Information:

The start of the Hearing was delayed in order for the Applicant to attend.  Having waited for 25 minutes, Members received oral representations from the Police in respect of whether the Hearing should continue in the absence of the Applicant.

Members resolved the Hearing should proceed in the absence of the Applicant having been informed that the Applicant was aware of the date and time of the Hearing and that to proceed was in the public interest.

Oral Representations received from:

Decision

That the application for a Transfer of the Premises Licence in respect of Zakopane, 16 Market Street, Torquay be refused.

Reasons for Decision

Having carefully considered the application, the evidence of the Police before them and the absence of any evidence from Mr Abdullah to the contrary, Members unanimously resolved to refuse the application for a transfer of the Premises Licence.

In coming to that decision, Members noted the close links between Mr Abdullah and the previous premises licence holder to which the criminal investigation is associated to these premises. In addition it was of great concern to Members that the employee proposed by Mr Abdullah as an experienced licensee and would assist him in the management of these premises was also closely linked to the previous premises licence holder and had too been incriminated in similar criminal conduct at different licensed premises within the wider south west area. This coupled with evidence from the Police that the male employee who identified himself during a Police licensing inspection at the premises on the 14^th January 2019 as Mr Abdullah’s cousin, that he too had close links with the previous premises licence holder and had convictions against him for similar offences; resulted in Members resolving that a refusal of the application was the only appropriate decision in the circumstances.

In noting that the premises was located within the Licensing Authority’s Cumulative Impact Area (CIA), an area where a new Premises Licence or the variation of a Premises Licence would normally be refused where it is anticipated that the application will add to the problems of crime and disorder and/or public nuisance in the area, Members could not be satisfied on the evidence before them that the premises would not add to crime.

Members were further concerned by Mr Abdullah’s lack of understanding of the English language at a Licensing Sub-Committee hearing on the 17^th January 2019 which resulted in an interpreter being arranged for this hearing and how this would potentially impact on his ability to turn these premises around and to ensure strong management and promotion of the licensing objectives of a premises within the Licensing Authority’s CIA. Notwithstanding this, Members also has serious concerns about the poor judgement shown by Mr Abdullah in his choice of employees and that such a language barrier could result in those employees exploiting Mr Abdullah to use the premises for their own continued criminality which they both have previous form for.

In concluding, Members did consider what if any modifications could be made to the premises licence to enable a transfer and in turn ensure promotion of the licensing objectives but resolved on the evidence before them that there were none.