Agenda item

The report of the Chief Officer, Elections and Regulatory is in relation to two applications received by the Licensing Authority in respect of Potraviny Danko, 39 Compton Road, Burmantofts, Leeds, LS9 7BJ; an application to transfer the premises licence and an application to vary the licence to specify an individual as the designated premises supervisor (DPS).

The Sub Committee considered the report of the Chief Officer (Elections and Regulatory) which set out the following applications in relation to the premises known as Potraviny Danko, 39 Compton Road, Burmantofts, Leeds, 7BJ:

a)  an application for the Variation of the Premises Licence from Saman Ali Faiak to specify an individual (Mr Kewmars Muhamad) as Designated Premises Supervisor.

b)  Prior to the hearing, a further application for the Variation of the Premises Licence to specify an individual (Mr Kambiz Sawjblagchy) as Designated Premises Supervisor – this application to supersede the application for Mr Muhamad.

c)  an application to transfer the Premises Licence from Saman Ali Faiak to Potraviny Leeds Limited.

Supplementary information was published on the Council’s website and distributed to Sub-Committee Members prior to the meeting, the information had been supplied by the Applicant’s Representative and West Yorkshire Police.

The following were in attendance for this item:

·  Chris Rees-Gay – Applicant’s Representative

·  Ziad Mohammed - Applicant

·  Mr Kambiz Sawjblagchy – Designated Premises Supervisor (DPS)

·  PC Andy Clifford, West Yorkshire Police – Objector

The applications had been served on West Yorkshire Police and objections had been made to both applications.

In asking parties if they had any additional information to share, it was confirmed that PC Clifford had some CCTV footage filmed from Coral Bookmakers showing the extent of street drinking in the area and issues associated with it. In response to this, the applicant’s representative did not object to the Sub-Committee viewing this footage as he believed these were not issues associated with Potraviny Danko. The Sub-Committee agreed to view this footage as part of PC Clifford’s presentation.

The applicant’s representative referred to additional information he had in relation to a witness statement from the applicant, summarising that alcohol is not sold to street drinkers, or is there any connection to the footage of street drinkers.

The Legal Adviser to the Sub-Committee outlined the procedure for the hearing and the Licensing Officer presented the application. Members were informed:

·  Since publication of the agenda, the Licensing Authority had received a further application to vary the DPS to Mr Kambiz Sawjblagchy which therefore supersedes the previous application. Sub-Committee Members were solely considering one application to transfer the premises licence at the hearing.

·  The application to transfer the premises licence was served on West Yorkshire Police, and an objection to this application has been made and is presented before the Sub-Committee for determination.

·  In April 2015 the initial application for a premises licence was granted, by Mr Mohammed Rasregar who also acted as the DPS. In March 2016 a transfer application and variation of the DPS was submitted by Saman Ali Faiak and was granted. On 10^th November 2023, West Yorkshire Police submitted a review application, where the premises was found to be selling non-duty paid alcohol and illicit tobacco. The Sub-Committee determining that application, revoked the licence. On 8^th February 2024 an appeal was lodged with Kirklees magistrates which is due to be heard on 5^th April 2024.

·  The premises licence was transferred on 7^th February 2024, where Mr Z Mohammed took on the licence and the premises is under new ownership.

The Applicant’s Representative informed the Sub-Committee, providing the following information:

·  There have been no issues linked or associated whist the new ownership has been in place, and the police have no evidence regarding that. There is no evidence to link crime and disorder to the new owner.

·  The premises do not sell to street drinkers and the premises keeps refusals register that has been completed when street drinkers are refused service.

·  No visits were undertaken from the police following the footage obtained on 8^th March 2024, and not aware of any issues associated with test purchases that may have been carried out.

·  The CCTV footage from 8^th March 2024, does not link any sale of alcohol to street drinkers.

·  Mr Mohammed is a new applicant, and the lease has been surrendered by the previous owner, and there is a sale purchase agreement between the new operator and previous operator.

·  Mr Mohammed has passed his personal licence course and is currently awaiting results from his DBS check. He is then intending on being the DPS himself.

·  Staff in the premises have received all relevant training.

·  Staff will adhere to conditions as set out in the supplementary information and includes measures to ensure that there are no links with the new operator and previous operator.

·  The application to vary the premises licence to appoint a new DPS, is the second application made. The initial DPS has a conviction which the owner did not know. A new DPS will be required.

·  Police have not asked for evidence regarding CCTV from the premises, nor any sale transactions.

·  No evidence has been provided by the police regarding the new owner selling illicit goods.

In responding to a question from a Sub-Committee Member, it was confirmed that there are approximately 3-4 cases of stock left that will be sold off. In the proposed conditions, specifically condition 11, Sub-Committee Members suggested that the wording be ‘There will be no sale of cider of 7.5% ABV or greater’.

In making his representation, PC Clifford informed the Sub-Committee of the following:

·  A review was initially brought in and there was strong evidence against the previous owner. It is considered a usual tactic for employers to transfer a licence to prevent the licence being revoked. An appeal has also been made to the magistrates.

·  The previous owner has proven to be deceptive, and it seems to much of a coincidence with the steps taken.

·  A company has been set up during the review stage. It is considered that the person in overall control of a company can revert the licence to anybody.

·  The police have submitted two objections to two DPS variation applications, both of which were considered to have a bad character and convictions. The person being put forward as the DPS has a conviction of sale of illicit tobacco and goods; the review is on the grounds of the same offence.

·  It is considered that the previous owner, and current, are close associates.

·  No test purchases have been carried out under the new ownership. Previous test purchases under the previous owner, were failed.

·  It is considered that the transfer of the licence is not legitimate and the DPS being put forward has a conviction of selling illicit tobacco.

·  CCTV footage is from Coral, which shows street drinking taking place outside of Potraviny Danko on 8^th March 2024. The premises is directly next door to where the CCTV footage has been taken from, and the street drinkers are there almost every day.

Further to clarity from PC Clifford, he confirmed that the initial DPS was objected to on the grounds he had a conviction for obstructing the police. The second DPS has a conviction of selling illicit tobacco. The owner is therefore seeking a further DPS.

In summarising, the applicant’s representative explained that reassurances can be found in the legal documents prepared by a third party, and the sale agreement is an ‘arm’s length deal’. No evidence has been submitted by the police to link issues associated with Mr Mohammed and there is also no CCTV footage to show that street drinkers were not being sold alcohol from the premises. The applicant purchased the premises from the previous operator, and the premises is now believed to be working well.

At this point in the meeting, Sub-Committee Members moved into private session to deliberate on the application.

The Sub-Committee moved back into public session, where additional questions were asked. Members raised concern regarding the premises operating with an un-suitable DPS, Mr Kambiz Sawjblagchy, who has a conviction relating to the sale of illicit tobacco. In responding to this, the applicant’s representative confirmed that the applicant will submit a new DPS application in due course and will therefore formally withdraw in writing the Variation of the Premises Licence application to specify an individual (Mr Kambiz Sawjblagchy) as Designated Premises Supervisor. There will be no sale of alcohol at the premises until a new DPS is found.

Noting those undertakings, the Sub Committee Members then moved back into private session to deliberate further on the applications.

Upon returning, it was

RESOLVED – To:

a)  Note the withdrawal of the Variation of the Premises Licence application to specify an individual (Mr Kambiz Sawjblagchy) as Designated Premises Supervisor, and as that application was withdrawn, to refuse the original variation of the Premises Licence to specify Mr Kewmars Muhamad as the DPS;

b)  Grant the transfer of the premises licence to appoint Potraviny Leeds Limited as the licence holder and;

c)  To note that the premises will not be able to sell alcohol until a new DPS is appointed.