To consider an application for a Review of a Premises Licence for Zakopane, 16 Market Street, Torquay.

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

Written Representations received from:

Additional Information:

Members sought oral representations from the Police and Trading Standards Officer on whether, in their view, the Hearing should proceed in the absence of the Respondent.

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

The Chairman permitted an extension of time for oral representations and advised that each party would be permitted 20 minutes for their representation.  All parties present confirmed 20 minutes would be sufficient time to submit their oral representations.

Oral Representations received from:

Decision

That the Premises Licence in respect of Zakopane, 16 Market Street, Torquay be revoked.

Reasons for Decision

The evidence presented by the Trading Standards Officer and Police Licensing Officer demonstrated, what in Members opinion, appeared to be a sophisticated and entrenched level of criminality at the premises, levels which officers with 18 years of experience had never witnessed before.  Members themselves concurred with the sentiment of the officers noting, that in their limited experience by comparison, they too had never been presented with such evidence which demonstrated the level of criminal activity taking place at a premises licenced by Torbay Council.

It was clear to Members that the primary aim of this premise was the pursuit, concealment and sale of illegal goods.  Members were greatly concerned to learn that some employees at the Premises were too involved in these illegal activities or would have known that the premises were participating in such illegal activities, given the scale of the criminal operation and the amount of goods seized from the premises by Her Majesty’s Revenue and Customs. This in Members opinion, would have made it almost impossible for any member of staff employed at the premises to not have been aware that such activities were taking place and therefore, would have been condoning such activities, along with the Premises Licence Holder as there was no evidence before them to suggest that it was an employee who had notified the enforcement authorities.

Members gave consideration to placing additional conditions on  ...  view the full minutes text for item 40

To consider an application for a Review of a Premises Licence for Zakopane, 16 Market Street, Torquay.

The Hearing to consider an application for a Review of a Premises Licence in respect of Zakopane, 16 Market Street, Torquay commenced and heard representations from the Applicant (Police), Trading Standards Officer and the Respondents Solicitor.  During Members questions to the Respondent, it became apparent that the assistance of an interpreter was required and therefore Members unanimously resolved to adjourn the hearing for the arrangement and attendance of an interpreter to be present at the next available hearing.

Resolved:

That the Hearing in respect of an application for a Review of a Premises Licence for Zakopane, 16 Market Street, Torquay, be adjourned until 10.30 am on 30 January 2019.