Agenda, decisions and draft minutes

Due to the current restrictions on travel and requirement for social distancing as a result of the coronavirus pandemic the meeting was held remotely by video conference and was not open to the general public.

Councillor Hugh Irving, Chair of the Licensing Committee welcomed everyone present and made introductions.  He also drew attention to the procedures to be followed at the hearing which had been circulated previously to all parties.

Vote taken: 3 in favour, 0 against

Councillor Hugh Irving was formally appointed Chair for the meeting.

Councillor Hugh Irving was formally appointed Chair for the meeting.

No declarations of personal or prejudicial interest had been raised.

No declarations of personal or prejudicial interest had been raised.

To consider an application from North Wales Police for the review of a Premises Licence submitted in accordance with Section 51 of the Licensing Act 2003 (an outline of the submission and associated papers are attached).

Please note the procedure to be taken by the Sub Committee (which is attached to this agenda).

Vote taken: 3 in favour, 0 against

RESOLVED that the Premises Licence be revoked.

A report by the Head of Planning, Public Protection and Countryside Services (previously circulated) was submitted upon –

(i)        an application having been received from North Wales Police for the Review of a Premises Licence held by Mr. Abdulhamit Salih Colakoglu in respect of Y Bodunig, High Street, Dyserth (a copy of the existing Premises Licence and current operating schedule having been attached as Appendix A to the report);

(ii)      the grounds for review as stated on the application being as follows –

“Failure to promote the Licensing Objectives, particularly Public Safety and the Prevention of Crime and Disorder.”

full details of the Review Application having been attached as Appendix B to the report but in summary related to various reports that the premises had been open on a number of separate occasions in breach of the regulations imposed in response to the coronavirus pandemic which required the closure of all public houses, clubs and restaurants; the Police having also cited issues with regard to the provision of CCTV evidence and their lack of confidence in the collective ability of the premises management to operate responsibly; consequently the Police sought permanent closure of the premises;

(iii)     reference having also been made to a previous Review brought by the Police resulting in the removal of the then Designated Premises Supervisor (DPS), Mr. Derek Coulton, who was replaced with the current DPS Mr. Nihat Colakoglu; however Mr. Derek Coulton remained as Manager responsible for the day to day running of the premises;

(iv)     there having been four representations received in response to the requisite public notice of the Review Application (attached at Appendix C to the report) – Mr. Derek Coulton acting as an Interested Party together with three further letters from other Interested Parties which, whilst acknowledging the issues raised by the Police, were supportive of the premises remaining open;

(v)      no response to the Review Application having been received from the Premises Licence Holder (PLH) Mr. Abdulhamit Salih Colakoglu;

(vi)     the need to consider the Review Application taking due account of the Council’s Statement of Licensing Policy; Guidance issued by the Secretary of State; other relevant legislation and representations received, and

(vii)    the options available to the committee when determining the application.

The Licensing Officer introduced the report and detailed the facts of the case.  She also drew attention to additional information which had been circulated to all parties since publication of the report which included (1) the chronology of CCTV footage on 30 March which had been omitted from Appendix 14 of the papers, and (2) two reports of further information and recent developments at the premises submitted by the North Wales Police.  It was also noted that the DPS – Mr. Nihat Colakoglu would be representing the PLH – Mr. Abdulhamit Salih Colakoglu in his absence.

APPLICANT’S (NORTH WALES POLICE) SUBMISSION

The Assistant Force Solicitor Mr. Gareth Preston and the Police Licensing Officer PC Manus Sheridan were in attendance on behalf of the North Wales Police.

In making the case for the Police, Mr. Preston submitted that the management of the premises had comprehensively failed to abide by the licensing objectives, particularly public safety, which given the global pandemic was inexcusable.  The Manager at the time, Derek Coulton, had been removed as DPS in 2014 following a previous Review by the Police but had remained as Manager with day to day responsibility of the premises.  There had been no evidence of active management by the DPS or PLH.  The ground for Review was the failure to promote the licensing objectives, particularly the promotion of public safety and the  ...  view the full minutes text for item 3.