BOROUGH OF POOLE

LICENSING SUB-COMMITTEE

2ND JULY 2008

The Meeting commenced at 5.30pm and concluded at 6.20pm.

Present:

Councillor Mrs Butt (Chairman)

Councillors Brown and Burden

Observing:

Lesley Johnson – Licensing Assistant (Environmental and Consumer Protection Services, Borough of Poole (BoP))

Councillor Maiden – Elected Member, Borough of Poole (BoP)

Wayne Dennis – Trainee Solicitor (BoP)

LSC1.08 APOLOGIES FOR ABSENCE

There were no apologies for absence.

LSC2.08 DECLARATIONS OF INTEREST

There were no declarations of interest.

LSC3.08 EXCLUSION OF THE PUBLIC AND PRESS

RESOLVED that, in accordance with Section 100A(4) of the Local Government Act 1972, the Public and Press be excluded from the Meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part 1 of the said Act as the public interest in withholding the information outweighs the public interest in disclosing it.

LSC4.08 BEST ONE EXPRESS, 187 BOURNEMOUTH ROAD, POOLE

The Chairman outlined the Rules and Procedure for dealing with the Application to consider a variation to the Premises Licence for the premises known as Best One Express, 187 Bournemouth Road, Poole, in order to specify Mr Imam Yildirim as the Designed Premises Supervisor.

The Speakers were identified as Frank Wenzel, Principal Licensing Officer (Environmental and Consumer Protection Services, Borough of Poole), PC Adam Gill and Sergeant Lynette Gibb (on behalf of Poole Police), Mr Imam Yildirim, the Applicant and Mr Dick Hudson, Licensing consultant, representing the Applicant on behalf of Dorset Licensing.

The Principal Licensing Officer read out the Report of the Head of Environmental and Consumer Protection Services. It was noted that an objection notice had been received from the Police as they were satisfied that granting the Application would undermine the Crime Prevention Objective as Mr Yildirim had been found guilty of selling alcohol to an underage person.

Sergeant Gibb, on behalf of the Chief Officer of Police, advised that the Police were objecting to Mr Yildirim becoming the Designated Premises Supervisor of ‘Best One Express’ due to the exceptional circumstances of the case. The Police were satisfied that designation of Mr Yildirim as the Premises Supervisor would undermine the Crime Prevention Objective as Mr Yildirim had been convicted at Bournemouth Magistrates Court on 19th May 2006 for selling alcohol to a person under 18 whilst working at Vicarage Stores, 45 Vicarage Road, Oakdale.

Sergeant Gibbs explained that ‘Vicarage Stores’ had been targeted by a Test Purchase Operation on 10th December 2005, whereby a 13 year old girl had been sent into the store to purchase alcohol. Mr Yildirim and his brother (who was the store’s Designated Premises Supervisor at that time) were both serving behind the till. Mr Yildirim asked the female her age and when she walked away, he called her back and served her alcohol. Officers then returned to the store and informed Mr Yildirim that they had witnessed a sale of alcohol to a 13 year old. Mr Yildirim stated that he was not the Designated Premises Supervisor, but did hold a Personal Licence.

Officers from Trading Standards formally interviewed Mr Yildirim about the matter on 11th January 2006 and he confirmed that he was a Personal Licence Holder. Mr Yildirim had worked at ‘Vicarage Stores’ for one year and had been in the licencing trade for five years. When explaining why the sale took place, Mr Yildirim stated that it was a very busy Saturday afternoon and when questioned, the girl gave her age as 30. Mr Yildirim took her word that she was 30 but concurred that he had probably misheard her and that she gave her age as 13. Mr Yildirim stated that he did not look at the girl’s face as it was very busy and he did not request to see her identification.

Sergeant Gibb advised that under Section 128 of the Licensing Act, a Personal Licence Holder, when charged with a relevant offence, must inform the Court that s/he is a holder of a Personal Licence. It was also highlighted that serving alcohol to a person under 18 was an offence under the Licensing Act 2003.

Sergeant Gibb explained that Section 128 enabled the Court to decide, in the event of a conviction, whether to exercise its power under Section 129 to order forfeiture and suspension of the Licence. The Court must then, under Section 131, notify the Licensing Authority of the conviction in order for the conviction to be recorded and endorsed on the Licence.

Sergeant Gibb further explained that a Licence Holder would be aware if his/ her conviction had been notified to the Licensing Authority as they would receive a copy of the notice. Section 132 of the Licensing Act detailed that a Licence Holder, if convicted of a relevant offence, must provide the authority with a notice containing details of the conviction, any sentence imposed and the outcome of any appeal. Sergeant Gibb advised that she had been unable to confirm whether Mr Yildirim had informed the Court that he was a Personal Licence Holder and that Bournemouth Borough Council was unaware of Mr Yildirim’s conviction until Sergeant Gibb informed them.

Sergeant Gibb then circulated copies of three Witness Statements and advised that the first Statement was from Sarah DeBruin, Licensing Officer (Bournemouth Borough Council).

Sarah DeBruin had stated that an application was made by Mr Yildirim on 30th June 2005 for a Personal Licence. Mr Yildirim was the holder of a Justices Liquor Licence for the premises known as ‘Vicarage Stores’ and he was able to apply during the transitional period of the Licensing Act 2003 to convert his Justices Liquor Licence to a Personal Licence. The Application was processed and Mr Yildirim was sent his Personal Licence on 9th August 2005. On 30th May 2008, following routine Police checks, Sergeant Gibb notified Bournemouth Borough Council that Mr Yildirim had been convicted at Bournemouth Magistrates Court on 19th May 2006 for selling alcohol to a person under 18 years of age. Bournemouth Borough Council had not been aware of this conviction and had not been notified by Mr Yildirim under Section 132 of the Licensing Act.

Sarah DeBruin had also stated that, to the best of her knowledge, no notification had been received from Bournemouth Magistrates’ Court advising of the conviction and she was not aware if Mr Yildirim had advised the Court at the time of his conviction to enable them to exercise their power under Section 129 to forfeit or suspend the Personal Licence. The Statement further advised that the only action shown on Mr Yildirim’s record was a change of address notification, received on 23rd May 2008. Sarah DeBruin believed that this was an exceptional case as a Personal Licence Holder had sold alcohol to a minor, had been convicted and then retained his licence. Mr Yildirim was now applying to become a Designated Premises Supervisor in an area with a high proportion of young people and an issue with under age drinking.

Sergeant Gibb then referred to a Witness Statement signed by PC Ralph Mutton, Beat Manager for the Parkstone, Penn Hill and Canford Cliffs Safer Neighbourhood Team, Dorset Police. PC Mutton’s Statement advised that Safer Neighbourhood Teams and Response Officers received calls on a regular basis regarding anti-social behaviour in Bournemouth Road, Poole and surrounding areas. Alexandra Park was a particular hotspot where the Police had regularly encountered underage youths drinking alcohol and being abusive. A map was circulated by Sergeant Gibb to show the location of ‘Best One Express’ in relation to Alexandra Park and other areas in the locality that encountered problems with underage drinking.

The third Witness Statement, signed by PC Christopher Ingram (Acting Sergeant with Dorset Police/ Supervisor for Newtown and Branksome Safer Neighbourhood Team), advised that for the past three months, alcohol consumption by youths in the areas of Branksome Recreation Ground, Alder Road, Poole was a priority concern. PC Ingram had patrolled the area for the past two months throughout busy weekend evenings and had encountered groups of youths congregating in the area from Parkstone, Turlin Moor and West Howe.

Sergeant Gibb stated that underage drinking was a huge problem, often resulting in disorderly behaviour. On 30th May 2008 alcohol was seized from a group of youths aged under 18 in Herbert Avenue, Parkstone. They stated that they had purchased their alcohol from ‘Best One Express’ but were unwilling to provide any further information.

Sergeant Gibb highlighted that Mr Yildirim’s conviction for selling alcohol to a person aged under 18 was not ‘spent’ under the Rehabilitation of Offenders Act 1974 and that in accordance with the guidelines of the Act, it was hoped that Mr Yildirim’s application to become a Designated Premises Supervisor for ‘Best One Express’was refused. Sergeant Gibb added that it was essential that a Designated Premises Supervisor could ensure each alcohol sale was carried out in a responsible manner, therefore fulfilling the objectives of the Licensing Act.

In response to a question from the Chairman, Sergeant Gibb confirmed that the time limit for a ‘spent’ conviction was five years.

The Licensing Sub-Committee then heard from Mr Dick Hudson, Dorset Licensing Authority, on behalf of the Applicant, Mr Imam Yildirim.

Mr Hudson advised that Mr Yildirim had been resident in the UK for the past 11 years and that he had worked in convenience stores with off-licences for the majority of that time. Mr Yildirim held his own Personal Licence, issued by Bournemouth Borough Council and had purchased the premises known as ‘Best One Express’ earlier in the year. The name of the premises had now been changed to ‘Premier Parkstone News and Wine’ and the Premises Licence had been transferred into Mr Yildirim’s name as he was the new owner. Mr Yildirim would like to become the Designated Premises Supervisor as he was now in charge of the premises.

Mr Hudson confirmed that Mr Yildirim had appeared before the Magistrates Court in 2006 and had received a fine for selling alcohol to an underage person. At that time, Mr Yildirim had thought that the Court understood he held a Personal Licence and that the Court had decided not to revoke this. Mr Hudson confirmed that there was no evidence to prove that the Court was not aware that Mr Yildirim held a Personal Licence and reiterated that it was Mr Yildirim’s belief that the Court was aware of this fact. Mr Yildirim thought that the Court would have notified Bournemouth Borough Council of his conviction and he therefore believed that no further action was to be taken in respect of his conviction.

Mr Hudson submitted that two and half years had passed since Mr Yildirim’s conviction and the fine issued by the Court had long since been paid. Mr Yildirim had continued to work at the said premises and was now the owner. Mr Hudson asked the Sub-Committee to acknowledge that Mr Yildirim had received no further convictions and that he tried very hard to ensure that alcohol was sold in a responsible manner.

Copies of the Refusals Register for ‘Best One Express’ were circulated by Mr Hudson, which ran from 1st March 2008 to 26th June 2008. A number of refusals for alcohol on a regular basis were shown on the Register. In response to a question from the Sub-Committee, Mr Hudson confirmed that Mr Yildirim and his wife and brother-in-law had verified the Refusals Register as they were also employed at the premises.

Mr Hudson then circulated copies of a letter written by Mrs Hayley Browning, Trading Standards Officer (Environmental and Consumer Protection Services, Borough of Poole) which congratulated Mrs Gilgil and staff for passing an underage Test Purchase Operation on 29th May 2008. [It was noted that the letter was dated 6th June 2008 and at that time Mrs Gilgil was the owner of ‘Best One Express’.

Mr Hudson advised that the number of entries on the Refusals Register showed that Mr Yildirim took his responsibility very seriously and that he was keen to show that he could run his premises properly. Mr Yildirim had learnt from his mistake and it was to his credit that a recent test purchase conducted at the premises was refused.

With regard to the Statements read out by Sergeant Gibb relating to problems in the area in relation to underage drinking, Mr Hudson advised that Mr Yildirim and his staff took great care to refuse underage sales, and staff had now received training on refusals to assist them with their work.

Mr Hudson referred to Section 37 of the Licensing Act, (Application to vary licence to specify individual as premises holder) which specified the application process followed. Attention was drawn to sub-section 5 ‘where a Chief Officer of Police notified under sub-section (4) is satisfied that the exceptional circumstances of the case are such that granting the application would undermine the crime prevention objective, he must give the relevant Licensing Authority a notice stating the reasons why he is so satisfied’. Reference was then made to Section 38 of the Act ‘circumstances in which Section 37 application given interim effect’.

In summary, Mr Hudson advised that:

·  Mr Yildirim’s conviction was over two years old;

·  ‘Best One Express’ had recently passed an underage Test Purchase Operation;

·  Mr Yildirim had not received any further convictions;

·  There was no evidence to show that the premises supplied alcohol to underage persons in the area;