Agenda and minutes

There were apologies for absence received from Councillors M J Holloway and M Rose.

It was noted that, in accordance with Council Procedure Rule 4, Councillors B J Glayzer and D A Sargent were appointed as substitutes for Councillors M J Holloway and M Rose respectively.

To receive any declarations of interest from Members in respect of business to be transacted on the agenda.

There were no declarations of interest made by Members.

The Sub-Committee is requested to determine the application.

Applicant:   Dilber Kyazim Tasim

The following papers are attached.

(i)         Licensing Team Leader’s Report

(ii)        Appendix A - Application

(iii)       Appendix B - Hatched plan

(iv)       Appendix C – Map of the area

(v)        Appendix D – Representations

(vi)       Appendix E – Extra information provided by Kent Police.

The procedure to be followed by the Sub-Committee is attached to this agenda.

The sub-committee considered an application from Mrs Dilber Kyazim Tasim in respect of Marmaris Kebab and Pizza House, 1 South Street, Deal CT14 7AW. The application was for the grant of a premises licence for:

Late Night Refreshment

On the basis of the representations of the applicant and her representative, the responsible authorities and other persons, the sub-committee found the following facts to be established:

(i)               The premises had held a licence with Dover District Council since 2005 when the council became the Licensing Authority.

(ii)              Mr Muharrem Yildirim was the previous premises licence holder.

(iii)            The Police called for a review of the licence in December 2015 as a result of an incident which occurred on the morning of 17 October 2015 whereby a customer was assaulted by a member of staff. Mr Muharrem Yildirim was the licence holder at the time of the incident.

(iv)            The review hearing was held on 19 January and as a result of the hearing the premises licence was revoked.

(v)             Mr Muharrem Yildirim appealed the decision and the matter was heard at Folkestone Magistrates Court on 22 September 2016.

(vi)            The court agreed with the Council’s decision and dismissed the appeal.

(vii)           The premises had not been permitted to operate after 23:00 hrs since 22 September 2016.

(viii)         Councillor Gardner stated that he had not received any complaints regarding the premises since 22 September 2016.

(ix)            Mr McGlashan stated that there were issues with litter, people using steps of the house to sit and eat and persons waiting around the premises up to 2am in the morning.

(x)             Dover District Council’s licensing team received a new premises licence application for the same premises on 20 October 2016. The applicant named on the application was Mrs Dilber Kyazim Tasim.

(xi)            Mrs Tasim had taken over the management of the business from 22 September 2016 when the licence was revoked and had also been in attendance at the premises when it was operating under its late night licence between January and September 2016. There was ambiguity in respect of Mrs Tasim’s involvement with the premises post January 2016’s revocation decision and September 2016, at times it was suggested she was present and actively involved and at others that she was not responsible.

(xii)           It was confirmed that Mr Muharrem Yildirim, Mr Tuncay Yildirim and Mr Ashmore would be working at the premises.

(xiii)         On 17 November 2016 officers from Dover District Council’s Public Protection Team inspected the premises and passed information obtained from that inspection to PC Stephen Noddings. Officers reported that the signage on the door and the menu still showed the extended opening hours which Mrs Tasim accepted was the case. The officers were also told that Mr Muharrem and Tuncay Yildirim would be the operators of the premises. During the inspection it was noted that what appeared to be a thick wooden pole was  ...  view the full minutes text for item 16.