Item 3 - Reading Borough Council

Transcription

LICENSING ACT 2003 HEARING ® 0930hrs on 30th JANUARY 2015
APPLICATION FOR THE REVIEW OF A PREMISES LICENCE
1 • Premises:
Zorbas Shisha and Kebabs
16-17 Harris Arcade
Reading
RG11DN
2. Applicants Requesting Review:
Thames Valle_y_ Police
3. Grounds for Review
Reading Borough Council's Licensing team received an application for the review
of a premises licence from Thames Valley Police for the premises stated above.
The application states that the premises has contravened Section 136 (1) of the
Licensing Act 2003 and knowingly permitted unlicensed activities to take place at
the premises. The application also states that the premises has provided late
night refreshment past its permitted licensable hours and has been open to
members of the public serving late night refreshment in contravention of the
premises licence. The application also states that conditions placed on the
premises licence are being breached and I or not complied with - specifically the
condition relating to door supervision. The application also states that Thames
Valley Police are seeking revocation of the premises licence because of these
reasons and because a previous review heard on 14 October 2011 also highlighted
the same issues and the premises licence was subsequently suspended for one
month.
4. Date of receipt of application: 16 December 2014
A copy of the review application received is attached as Appendix I.
Additional information provided by Thames Valley Police submitted on 30
December 2014 is attached at Appendix II.
5. Date of closure of period for representations:
13 January 2015
6. Representations received:
No other representations have been received. A plan showing the location of the
premises (in black) and surrounding streets is attached as Appendix Ill.
7. Background
The premises is located in Harris Arcade with a shop front that opens out onto
Station Road next to Revolution nightclub on Station Road. The premises is within
the Council's Cumulative Impact Area. The venue holds a premises licence which
permits the playing of recorded music and the provision of late night refreshment
until 0300hrs. A copy of this licence is attached as Appendix IV.
The Premises Licence Holder is: Mr Matthew Joannou
The Designated Premises Supervisor is: NONE (as no alcohol is sold)
4
The premises currently has the benefit of a premises licence for the activities and
hours detailed below:
Playing of Recorded Music - Indoor
Provision of Late Night Refreshment - Indoor and Outdoor
The times the licence authorises the carrying out of licensable activities
Hours for the Performance of Recorded Music
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
from
from
from
from
from
from
from
1100hrs until 0300hrs
11OOhrs until 0300hrs
Hours for the Provision of Late Night Refreshment
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
from 2300hrs until 0300hrs from 2300hrs until 0300hrs from 2300hrs until 0300hrs from 2300hrs until 0300hrs from 2300hrs until 0300hrs from 2300hrs until 0300hrs from 2300hrs until 0300hrs Hours the Premises is Open to the Public
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
from
from
from
from
from
from
from
1100hrs until 0300hrs 11OOhrs until 0300hrs 1100hrs until 0300hrs 1100hrs until 0300hrs 1100hrs until 0300hrs 1100hrs until 0300hrs 1100hrs until 0300hrs 8. Licensing Objectives and Reading Borough Coundl's Licensing Policy
Statement
In determining this application the Licensing Authority has a duty to carry out its
functions with a view to promoting the four licensing objectives, which are as
follows:
•
•
•
•
the prevention of crime and disorder;
public safety
the prevention of public nuisance
the protection of children from harm
In determining this application the Licensing Authority must also have regard to
5
the representations received, the Licensing Authority's statement of licensing
oli and any relevant section of the statutory guidance to licensin authorities.
9. Power of Licensing Authority on the determination of a Review
In determining the application the sub-committee can take such of the steps
as it considers reasonably necessary for the promotion of the licensing
objectives, which are:
1. 2. 3. 4. 5. 6. 7. take no further action
to issue formal warnings to the premises supervisor and/or premises
licence holder
modify the conditions of the licence (including, but not limited to hours
of operation of licensable activities)
exclude a licensable activity from the scope of the licence
remove the designated premises licence supervisor
suspend the licence for a period not exceeding three months
revoke the licence.
Where the sub-committee takes a step mentioned in 3 or 4 it may provide that
the modification or exclusion is to have effect for a period not exceeding three
months or permanently.
Home Office Guidance
Section 182 of the Licensing Act 2003, October 2014.
Reviews arising in connection with crime:
11.24 A number of reviews may arise in connection with crime that is not directly
connected with licensable activities. For example, reviews may arise
because of drugs problems at the premises; money laundering by criminal
gangs, the sale of contraband or stolen goods, or the sale of firearms.
Licensing authorities do not have the power to judge the criminality or
otherwise of any issue. This is a matter for the courts. The licensing
authority's role when determining such a review is not therefore to establish
the guilt or innocence of any individual but to ensure the promotion of the
crime prevention objective.
11.25 Reviews are part of the regulatory process introduced by the 2003 Act and
they are not part of criminal law and procedure. There is, therefore, no
reason why representations giving rise to a review of a premises licence
need be delayed pending the outcome of any criminal proceedings. Some
reviews will arise after the conviction in the criminal courts of certain
individuals, but not all. In any case, it is for the licensing authority to
determine whether the problems associated with the alleged crimes are
taking place on the premises and affecting the promotion of the licensing
objectives. Where a review follows a conviction, it would also not be for
the licensing authority to attempt to go beyond any finding by the courts,
which should be treated as a matter of undisputed evidence before them
11.26 Where the licensing authority is conducting a review on the grounds that the premises have been used for criminal purposes, its role is solely to determine what steps should be taken in connection with the premises licence, for the promotion of the crime prevention objective. It is
important to recognise that certain criminal activity or associated problems
may be taking place or have taken place despite the best efforts of the
licence holder and the staff working at the premises and despite full
compliance with the conditions attached to the licence. In such
circumstances, the licensing authority is still empowered to take any
appropriate steps to remedy the problems. The licensing authority's duty is
to take steps with a view to the promotion of the licensing objectives in the
interests of the wider community and not those of the individual licence
holder.
1
Application for the review of a premises licence or club premises
certificate under the Licensing Act 2003
PLEASE READ THE FOLLOWING INSTRUCTIONS FIRST
Before completing this form please read the guidance notes at the end of the form. If you are completing this form by hand please write legibly in block capitals. In all cases ensure that your answers are Inside the boxes and written in black ink. Use additional sheets if necessary. You may wish to keep a copy of the completed form for your records. I .Mi~~-lS!rJ9.(C?U'D~J~!L~~!~-~(~_Qh~~-~!l!!!!l.~~-9.CHl~!!!~~Y.!=!t~Y.P.9J!~----·-----
(Insert name of applicant)
apply for the review of a premises licence under section 51 I apply for the
review of a club premises certificate under section 87 of the Licensing Act 2003
for the premises described In Part 1 below (delete as applicable)
Part 1 - Premises or club premises details
Postal address of premises or, If none, ordnance survey map reference or
description
17 Harris Arcade
Post town
Post code (if known)
Reading
RG11DN
Name of premises licence holder or club holding club premises certificate (If
known)
Mr Mathew Joannou
Number of premises Hcence or club premises certificate (if known
Premises Licence Number LP9000314
Part 2 • Applicant details
lam
Please tick yes
1) an interested party (please complete (A) or (B) below)
a) a person living in the vicinity of the premises
0
b) a body representing persons living in the vicinity of the premises
O
c) a person involved in business in the vicinity of the premises
0
d) a body representing persons involved in business in the vicinity of the
premises
0
2) a responsible authority (please complete (C) below)
~
3) a member of the club to which this application relates (please complete (A)
below)
0
(A) DETAILS OF INDIVIDUAL APPLICANT (fill In as applicable)
Please tick
Mr 0
Mrs
D
Miss
0
Ms
Surname L _ __
0
Other tltte
(for example, Rev)
First names
_
___.ll..___ ____. Please tick yes
D
I am 18 years old or over
Current postal
address If
different from
premises
address
Post town
Post Code
Daytime contact telephone number
E-mail address
(optional)
(B) DETAILS OF OTHER APPLICANT Name and address
Telephone number (if any)
E-mail address (optional)
2
(C) DETAILS OF RESPONSIBLE AUTHORrrY APPLICANT
Name and address
Mike King
Thames Valley Police
Pollee Station
Castle Street
Reading
RG17TH
Telephone number (If any)
101
E-mail address (optional)
[email protected]
This application to review relates to the following licensing objective(s)
Please tick one or more boxes
1) the prevention of crime and disorder
181
2) public safety
3) the prevention of public nuisance
4) the protection of children from harm
D
~
3
lO Please state the ground(s) for review (please read guidance note 1) The grounds for the review are: Contravention of Section 136(1) of the Licensing Act 2003. Knowllngly allowing or canylng on an unauthorised licensable activities. Calculated contraventions of the Authorised Hours for Licensable Activities for the Provision of Late Night Refreshments. Calculated contraventions of the Authorised Hours for Licensable Activities for the permitted Hours the Premises is Open to the Public. Calculated contraventions of Condition 3 of the Conditions Consistent with the Operating Schedule relating to Door Supervisors. 4
I\ Please provide as much Information as possible to support the application
{please read guidance note 2)
Thames Valley Pollee {TVP) as a responsible authority under the Licensing Act 2003
and under the objectives of prevention of Crime and Disorder and Public Safety,
make application for the review of Premise Licence No. LP9000314 relating to
Zorbas Shisha and Kebabs & Kebabs Unit 17, Harris Arcade, Reading, RG1 1ON
The premises is a Late Night Refreshment Premises located in the busy thoroughfare
of Station Road, Reading. It is licensed to sell hot food and kebabs etc from 23:00
hrs till 03:00 hours. It is situated oposlte to a Taxi Rank and close to the Malrnaison
Hotel. It is also approximately 100 yards from the nearest other late night venues and
is on a direct route to Reading Train Station.
The premises therefore attracts a gathering of late night revellers from all over the
Town Centre to the premises who congregate and remain in the area for the purpose
of consuming food for some time after the nearest late night venues have been
closed. The vast majority of all wstomers at this time are be under the Influence of
alcohol, and predominantly form queues on the pavement outside the premise.
The reasons for requesting the grounds for review are:
The premise has a licence until 03.00. However, the premises licence holder
chooses to ignore this as the premise, historically, and recently has repeatedly
remained open in complete indifference to the condition restricting Late Night
Refreshment thereby failing to comply with his responsibility under the licence
granted by Reading Borough Council (RBC).
An application for the premise, known then as Mango Kick, was received by lVP on
6th May 2008. lt requested permission for Late Night Refreshement between 23.00
hrs and 04.00 hrs.
Subsequently representations were made to the licensing authority which attracted
some negotlatlonons between the applicant and lVP where on 2nd June 2008
agreement was made as to the content of the Operating Schedule which saw a
cessation of the operating hours of 03.00 hours and an e-mail confirmed this by
agreement with Silver Fox Licensing Consultants.
On 18th July 2011 lVP received an application for the Variation to the premises
licence which was objected to by TVP. At a hearing on 14th October 2011 RBC
rejected the application. Please see Appendix A .
Additionally on 15111 August 2011lVP applied to Reading Borough Council for a
review of the premises licence due to contraventions of the premises licence. At a
hearing on 14th October 2011 RBC suppoted the application by TVP and suspended
the premises licence for a period of 1 month. Please see Appendix B.
Both these descions were appealed to the Magistrates Court who upheld both the
desclons of the Council.
Incidents of recent non-compliance to the conditions of the licence at this premise are
as follows:
5
12 At 03.15 a.m. on 4th May 2014 PC 7353 Hollyholme was on duty wearing Body Worn Video {BWV) when she was patrolng along Station Road where she observed that the premises was open and activUy serving customers. She remained In the area observing and recording until 03.21 a.m. where it can be clearly seen that customers were still being served. Please see Appendix C. At 03.23 a.m. on 8th November 2014 PC 0141 lves was on duty wearing BWVand was patrolling along Station Road where he observed that the premises was open and activity serving aJstomers. He remained in the area and engaged with one of the customers and finished recording at 03.35 a.m. Please see Appendix D. Both these incidents have been captured on CCTV. Please see Appendix E. On both of theses occasslons the premises was not operating under the a Temporary Event Notice. Please see Appendix F. On 13th November 2014 at approximately 12.15.p.m. PC 5570 Wyatt and I attended the premises to complete a licence check as it had been discovered that the premises had been trading beyond Hs legal trading termination time. This could not be done as the person on site did not understand what was requested. The incident book was then asked for but this could not be produced so the door book was requested which should contain details of any incidents of interest. The book was handed over and It became immediately obvious that something was amiss when an entry on a loose sheet from the book dated 1st November 2014 where the door supervisor had signed out at 04.35 a.m. when the premises should have been closed at 03.00 a.m. PC Wyatt then seized the door book. Please see Appendix G. The book was Issued by RBC on 11th August 2011 and yet the first entry by a door supervisor was on 6th April 2012 a period of 7 months and 27 days a clear breach of the Licence Condition relating to the provision of door supervisors. Please see Appendix H. In addition between 7~ April2012 and 111 June 2012, a total of 55 days there were no entries In tyhe door book meaning either the premises was closed or this Is yet another breach of the above mentioned condition. Please see Appendix I. This is an an incontestable breach of condition 3 of Annex 2 of the premises licence issued 8th May 2009. Please see Appendix J. An analysis of the entire book was conducted and It was discovered that from 6th April 2011 to 1st November 2014 having taken into account both the none breaches found and the time the premises was operating under a TEN 198 out of 229 sign out times by the door supervisor were beyond the 03.00 a.m. cessation time for the licensable activity granted by the premises licence. Thts means that for 76% of the time the premises was trading it was doing so Illegally beyond 03.00 a.m. Please see AppendlxK. Despite being caught on trading beyond their legal termination hour on 8th November 2014 on 16111 November 2014 PC 0291 Hewer was on duty during Operation Nlghtsafe. Just after 03.00 a.m. he was lnfonned that a food outlet on Statton Road was selling hot food after 03.00 a.m. otherwise In accordance with their licence conditions. At approximately 03.10 a.m. PC Hewer and PC 5840 Kennedy were stood outside the premises and watched for around 10 minutes and he spoke to a number of people who had left the premises having purchased food bought inside. His BWV footage shows the customers confirming that the food was hol Please see Appendix L. 6
It is evident that the premise has been run In a fashion that has suited the licence
holder in that they have had no regard to what is expected of them as a responsible
licensee. redo contempt for rbc disregard leave to end.
In addition on 23rd October 2014 TVP has received an application for a Variation of
the Premise Licence to increase the licensing hours from 03.00 a.m. to 05.00 a.m.
This was objected to by TVP. Please see Appendix M.
The application was also rejected by RBC. Please See Appendix N.
Having once again found the premises trading continously beyobd the permitted
trading hours and a considerable amount of breaches of the Licensing Act 2003.
Thus showing nothing but utter contempt for the licence and RBC.
Thames Valley Police formally recommend that the Premise Licence be revoked.
In considering our recommendation TVP has considered all of the steps open to the
Sub-Committee and have precluded them for the following reasons:
a.
To modify the conditions of the Premise Licence.
• To modify the licence conditions is meaningless as the current conditions
are constantly being broken and the premises licence holder cannot or will
not abide by the licence conditions nor the Licensing Act 2003
b.
Removal of the Designated Premise Supervisor (CPS).
• There is no Designated Premises Licence Holder as there is no alcohol.
c.
To suspend the licence for up to a maximum of three months.
• If it were to facilitate a transfer of the licence a suspension may well be
appropriate. However, it is suspected that Mr Joannou will still remain the
owner of the business and therefore ultimately in charge. The premises
licence has been suspended before to no effect as the premises has once
again has been found to be in breach of the licence conditions and the
Licensing Act 2003 on more than one occasion as is suspected of being so
one conslderabley more occasions.
d.
To exclude a ~censable activity from the scope of the licence.
• The removal of a licensable activity revokes the licence.
e.
Revoke the licence.
• This is what TVP are requesting.
7
Please tick yes
Have you made an application for review relating to this premises before
If yes please state the date of that application
[81
Day Month Year
l1lslolel2lolllll
If you have made representations before relating to this premises please state
what they were and when you made them
The Premises Licence was reviewed on 14111 October 2011 for contraventions of the
conditions of the licence for trading beyond the Authorised Licensable Activities. The
Premises Licence was suspended for a period of one month.
B
{5 .
.
Please tick yes
• I have sent copies of this form and enclosures to the responsible
181
authorities and the premises licence holder or club holding the club
premises certificate, as appropriate
• I understand that if I do not comply with the above requirements
181
my application will be rejected
IT IS AN OFFENCE, LIABLE ON CONVICTION TO A FINE UP TO LEVEL 5 ON
THE STANDARD SCALE, UNDER SECTION 158 OF THE LICENSING ACT 2003
TO MAKE A FALSE STATEMENT IN OR IN CONNECTION WITH THIS
APPLICATION
Part 3- Signatures (please read guidance note 3)
Signature of applicant or applicant's solicitor or other duly authorised agent
(See guidance note 4).1f signing on behalf of the applicant please state In what
capacity.
Signature
Date
16th december 2014
Capacity
Mike King Licensing Officer Reading LPA
Contact name (where not previously given) and postal address for
correspondence associated with this application (please read guidance note 5)
Mike King
Thames Valley Police Licensing Officer
Police Station
Castle Street
Post town
Post Code
Reading
RG17TH
Telephone number (H any)
101
If you would prefer us to correspond with you using an e-mail address your e
mail address (optional)
[email protected]
9
f(p
. .
~
Notes for Guidance
1. The ground(s)for review must be based on one of the licensing objectives.
2. Please list any additionallnfonnation or details for example dates of problems
which are included In the grounds for review If available.
3. The application fonn must be signed.
4. An applicant's agent (for example solicitor) may sign the form on their behalf
provided that they have actual authority to do so.
5. This Is the address which we shall use to correspond with you about this
application.
l.O
fl Appendix A
LICENSING APPLICATIONS SUB-COMMITTEE 2 MINUTES - 14 OCTOBER 2011
Present:
Coundllors Jones (Cha;r), Skeats and Woodward.
RESOLVED ITEMS
14.
APPLICATION FOR THE VARIATION OF A PREMISES UCENCE - MANGO KICK
(ZORBAS SHISHA AND SHAKE)
The Head of Environment and Consumer Services submitted a report on an application by
Mr Matthew Joannou for the variation of the Premises Licence in respect of Mango Kfck
(Zorbas Shisha and Shake), Unit 17 Harris Arcade, Reading.
The report stated that the premfses currently had a Premises licence in force, which
permitted the following:
Provfsion of late night refreshment CfndOOr and outdoor)
Monday to Sunday
2300 hours until 0300 hours
PlayinR of recorded musk
Monday to Sunday
The hours the premises were permitted to open to the public were Monday to Sunday 1100 hours until 0300 hours. A copy of the Premises Licence was attached to the report at Appendix 1.
The application was seeking to vary the Premises Licence to allow the provision of late
ntght refreshment, Monday to Sunday, from 2300 hours unttl 0500 hours, to allow the
playing of recorded music, Monday to Sunday 0800 hours to 0500 hours, and for the
premises to be open to the public, Monday to Sunday, from 0800 hours until 0500 hours.
A copy of the application form was attached to the report at Appendix II.
A representation about the appticatfon had been received from Thames Valley Police which was attached to the report at Appendix Ill. A plan showing the location of the premises and the surrounding area was attached to the report at Appendix IV. The report stated that in considering representations received, the Licensing Authority had a duty to carry out its functions with a view to promoting the four licensing objectives, as follows: •
•
•
•
The prevention of crime and disorder
Public safety
The prevention of public nufsance
The protection of children from harm
The report noted that Paragraph 7.1.9 of the CounciPs Cumulative Impact Potfcy stated that the effect of adoptfng a cumulative Impact policy was to create a rebuttable presumption that applications for new premises licences and club premises certificates or material variations, would be refused, ff relevant representations were received. A rebuttable presumption ts not a presumption that ts absolute; it is a presumption that 18 I
1
'
'
LICENSING APPLICATIONS SUB-COMMITTEE 2 MINUTES - 14 OCTOBER 2011 may be overturned if sufficient evidence can be provided against the presumptfon.
Paragraph 7.1. 11 of the Cumulatfve Impact Policy stated that if an applicant is able to
rebut the presumption of refusal by demonstrating there will be no negative Impact on
the licensing objectives, a lk:ence can still be granted. However, tf the presumption
cannot be rebutted, the application is ltkely to be refused.
The report noted that Paragraph 7.6.6 of the Council's Cumulative Impact Policy stated,
in regard to late night food outlets, that applications involving the sale of food primarily
for takeaway up to midnight, would be granted where it was demonstrated that they
would not add to cumulative impact and that they would comply with the other
provisions of the Council's lfcensfng policy. Crime statistics currently demonstrate
however, that post-midnight crime levels significantly increase. Therefore, the pol1cy fs
to refuse applications fnvolvfng such sales beyond mtdntght unless there are exceptional
circumstances satisfying the local authority that granting the application would not
contribute to cumulative impact, and there was no compliance with the other proyjsions
of the Council's licensing policy.
The report noted that Paragraph 9.4 of the Council's Licensing Policy stated that the
Licensing Authority would deal with the issue of Ucenstng hours on the indtvfdual merits
of each appUcation. However, when issuing a licence, stricter conditions were likely to
be imposed with regard to noise control in the case of premises that were situated tn
largely residential areas. In general, public houses located in and catering for residential
areas wishing to open beyond 2300 hours would need to demonstrate clearly that public
nuisance would not result from later operation.
Inspector Keith Stacey, PC Simon Wheeler and Mr Mike King, Thames Valley Police, were
present at the meeting and addressed the Sub-Committee on their concerns regarding the
application and responded to questions. Photographic and vtdeo evidence was also
presented to the Sub~ Committee.
Mr Matthew Joannou, Premises Licence Holder was present at the meeting and was
represented by Mr Tim Child, Ffeld Seymour Parkes, they both addressed the Sub
Committee and responded to questions.
At the start of the hearing the Sub-Committee considered, at the request of Mr Matthew
Joannou's soUcitor, whether to hear the application to vary the Premises Lk:ence and the
application for the review of the Premises Licence together, consklerfng aU the
information that had been submttted for both applications. Mr Child further accepted
that ff the detailed representations of the police in respect of the revfew application
were also considered by the Sub-Committee as applying to the variation application as he
had suggested, then in the event of an appeal against the Sub-Committee•s dec1sfon in
respect of the vartatton application, the documents containing such representations
would have to be before the court, on the basts of the pnnciple that all the evidence
which was before the Sub-Committee must be before the court. As all parties were in
agreement the Sub-Committee dedded to hear the two applications at the same time.
Resolved·
That, in order to promote the four licensing objectives, and having regard to the
oral and written representations made. the Secretary of State's guidance, and the
Council's Statement of Licensing Policy, in particular paragraphs 7 .1.9, 7 .1.11 and
7.6.6 tn respect of cumulative fmpact and paragraph 9.7.1 tn respect of late night
19 LICENSING APPLICATIONS SUB·COMMITIEE 2 MINUTES - 14 OCTOBER 2011
refreshment, the application for the variation of a Premises Licence in respect of
Mango Kick (Zorbas Shfsha and Shake), Unit 17 Harris Arcade, Reading, be refused
as the Sub-Committee was not satisfied that the applicant had rebutted the
presumption against varying the Premises Lfcence.
20 Appendix B
LICENSING APPLICATIONS SUB--COMMITTEE 2 MINUTES- 14 OCTOBER 2011
15. APPLICATION FOR THE REVIEW OF A PREMISES LICENCE - MANGO KICK (ZORBAS
SHISHA AND SHAKE)
The Head of Environment and Consumer Services submitted a report on an appBcation by
Superintendent Stuart Greenfield of Thames Valley Police for the revfew of the Premises
Ucence in respect of Mango Kick (Zorbas Shisha and Shake), Unit 17 Harris Arcade,
Reading.
The report stated that a review of the Premises Licence had been requested by Thames
Valley Pollee as a result of serious concerns regarding crime and disorder and public
safety lns;de and outside of the premises.
A copy of the review application was attached to the report at Appendix I. This gave
further details of the grounds for the application, including that the premises had been
trading outside of its permissible licensing hours.
No other representations had been received in respect of the application and a plan
showing the location of the premises and surrounding streets was attached to the report
at Appendix 11.
·
The report stated that the Premises Licence Holder was Mr Matthew Joannou. The
existing Premises Licence, a copy of which was attached to the report at Appendix Ill,
permitted the following:
Provision of late njght refreshment Ctndoor and outdoor)
Monday to Sunday
Playing of recorded music
Monday to Sunday
The hours the premises were permitted to open to the public were Monday to Sunday
1100 hours until 0300 hours.
The report stated that in cons;dering the application, the Licensing Authority had a duty
to carry out its functions with a vfew to promoting the four licensing objectives, as
follows:
•
•
•
•
The prevention of crime and disorder
Public safety
The prevention of public nutsance
The protection of children from harm
The report stated further that, in determining the application, the Sub·Committee could
take the following steps:
•
•
•
•
•
Take no further action;
Issue formal warnings to the premises supervisor and/or premises licence holder;
Modify the conditions af the licence;
Exclude a licensable activity from the scope of the licence;
Remove the Designated Premises Supervisor;
2.\ LICENSING APPLICATIONS SUB-COMMITTEE 2 MINUTES- 14 OCTOBER 2011
•
•
Suspend the licence for a period not exceeding three months;
Revoke the·licence.
(Where the Sub-Committee took a step mentioned in the third and fourth bullet points
above it may provide that the modification or exclusion was to have effect for a period
not exceeding three months or permanently.)
Inspector Keith Stacey, PC Simon Wheeler and Mr Mike King, Thames Valley Police, were
present at the meeting and addressed the Sub-Committee on the applfcation.
Photographfc and vtdeo eVidence was also presented to the Sub-Committee.
.
Mr Matthew Joannou, Premises Licence Holder, and hts solfcftor Mr Tim Child, Field
Seymour Parkes, were present at the meeting and addressed the Sub-Committee.
1'
At the start of the hearing the SUb-Committee considered, at the request of Mr Peter
Joannou's solicitor, whether to hear the application to vary the Premises Licence and the
appUcat1on for the reView of the Premises Licence together, conSidering all the
information that had been submitted for both applications. As all parties were In
agreement the Sub-Committee decided to hear the two applfcatfons at the same time.
ResolvedThat, having reviewed the Premises Licence in respect of Mango Kick (Zorbas
Shfsha and Shake), Untt 17 Harris Arcade, Reading, and having had regard to the
four licensing objectives, the oral and written representations made by all parties,
the Secretary of State's guidance, and the Council's Statement of Ucensfng Polley,
in particular paragraphs 7.1.9, 7.1.11 and 7.6,6 tn respect of cumulative impact
and paragraph 9.7.1 1n respect of late nfght refreshment, the Sub-Committee
conduded that 1t was necessary and proportionate to suspend the Premises
Licence for one month.
2.2. t
RESTRICTED (when complete)
Appendix C
Witness Statement
Page1 of1
Criminal Procedut"e Ru._, r 27. 2; Criminal Justice Act 1967, a. 9; Maglwb....' Courts let 1980, a.5B
URN:
Statement of:
I
Catherine Holyome
Age If under 11 (If over Insert "o,.,.111"):
Over 18
Occupation:
Pollee Constable 7353
This atalament (consisting of ......1...... Pages(s) each signed by me) Is true to the best of my knowledge and belief and I make It
knoWing that, If It Is tendered In evidence, I shall be ltable to prosecution If I have wilfully stated In It, anything which I know to be
o•: 1411112014
Signature:
latfon to Body Wam Video footage I recorded during the tolr of my duty.
On Saturday 3fd MAY 2014 I commenced my duty at 2200hrs, In crew with Special Constable N9646
LAMPARD, working in call sign EA342. We were both in high visibility uniform as we conducted foot
patrol in the town centre to pollee the night time economy.
Between 0315hrs and 0321 hrs, now Sunday 04" May 2014, I recorded events that took place on FRIAR
STREET and STATION ROAD, READING using a force issue BWV camera.
thwo
i l :lng
The master copy of this recording Is stored on a secure hard drive at Reading Police Station, t
copy of I exhibit as CAH/01 TV2379707L 'BODY WORN VIDEO FOOTAGE SUNDAY 415/14'.
-
1 1212012
1
RESTRICTED (when complete) 23 f '._
Appendix D
--~
Witness Statement
Page1 of1
Criminal Procedure Rules, r 27. 2; Criminal Justice Act 1967, a. 9; Magistrates' Courts Act 1980, s.5B
URN:
Statement of:
I
KARL IVES
Age If under 18 Qf over Insert "over 18"):
Over 18
Occupation:
POUCE OFFICER 141
This statement (con&lstlng of ...... 1...... Pages(s) each signed by me) I& true to the beat of my knowledge and belief and 1make It
knowing that, If It Is tendered In evidence, I shaft be liable to prosecution If I have wilfully stated In It, anything which I know to be
I
false, or do not beHeve to be true.
r:;;;;;;;:;;.-
Slgnature: ............. ::;;;:e:;;_£2iiLA.t-----·-····--···----·-····---·-·-------··· DaC.:
-~-~~.!!~.~------------··-····-···· This statement relates to out.af..ficensed-hours trading at SHISHA AND SHAKE, STATION ROAD, READING at 0330hrs on SATURDAY a™ NOVEMBER 2014. I am PC 141 K IVES of READING Police Station. On the day and time in question I was on full
uniformed duty In READING Town Centre as part of Operation NIGHTSAFE, a dedicated high visibility
foot patrol targeting public order for the night time economy of READING Town Centre on Friday and
Saturday nights. I had been asked by Thames Valley Ponce licensing Officer MIKE KING earlier In the
week to monitor a late night food venue, SHISHA & SHAKE, on STATION ROAD, READING, as he had
reason to believe that they were serving hot food to the public after 3am, contrary to their licensing
_ conditions which stated they could not serve food past 3am..
At approximately 0325hrs I arrived at the venue and turned on my Body Worn Video (BWV)
camera, asset A6824. I am a trained In BWV camera use and digital footage evidence production for
court Walking to the front of the venue, I could see that it was full of customers, all the lights for the
premises and front signage were on, and I could see that people behind the counter were taking orders,
with food and money being exchanged wHh customers. I made myself very obvious, and at sight ofme a
member of staff, a middle aged male of oriental ethnic appearance, waved at his doorman about
something, and then turned the main signage lights off from above the door. The venue was still full of
people, some of who were emerging with boxes of hot food. I spoke to one male in particular, asldng him
where and when he had got his food. He told me Inside, and only a few minutes ago. I then asked him to
look at my watch and confirm the time, where he confirmed that it was 0335hrs now by my watch.
With this captured on camera, I turned it off and returned to READING Police Station, Once there
I downloaded the footage to the secure OEMS digital storage system, and I can produce this digital
footage for court as KJI/1. I passed on a working copy of the footage to KING before finishing at 0400hrs
that mornlng.~i£V1P-=:
------
Slgnatu,.:
1
0212012
E .
1
;;::?J!:
/Ca.\_
j! t
_
Slgn~~ture \Mtneued by:
N/A
------------------------
-
Witness Detail
Home Addrasa:
C/0 READING POLICE STATION
Home Tel No:
Email Addresa:
PolllCode:
Work Tel No:
Mobile Tel No:
Preferred means of contact:
[email protected]:e.
uk
Name of Parent/Guardian
Contact Tel No:
Bftt time to contact:
Gender
Mate
RG11TH
Elhnlclty Code {16+1): W1 British
Date & Place of Birth:
Fonner Name:
Does the Witness have any Inconvenient dates for court?
No
If "Yes" provide details
Witness Care (ple8S#t tick or type in boK provided}
a)
lathe wltnea wUJing to attend court?
b)
What can be done to ensure attendance?
c)
Does the witness require a Special MeaaUI'8S Aues&ment es a vulnerable or Intimidated wttnesa? (youth tllder
18; wltneaa with mental dlaorder, learning or physical diaablllly; or wltnen In fear of giving evidence orwitnesa
Is the comptalnant In a sexual offence cue). If 'Yes' submit MG2 with file In anticipated not guilty, c:onteated or
Indictable onty cases.
d)
Yea
Does the witneaa have any particular needa?
If 'No', Include reeson(a) on fonn MG6
No
No
If 'Yes' what are they? (DIIability, healthcare, chHdcare, transport, disability, language dlfllcuttles, visually Impaired, restricted
mobftlty or otherc:oncems?).
v..
Witness Consent- ForWJtness Completion
a)
The VIctim Personal Statement 8c:heme (vk:tims only) has been explained to me:
b)
I have been given the VIctim Personal Statement leaftet:
c)
I have been given the tear-off leaftet•GJvtng A Witness Stalefnent to the Police...•
d)
I consent to pollee having acceaa to my medical record(a) In relation to this matter. (obtained In
acconfance with local practice)
•)
I consent to my medical record In relation to this matter being dlscfoted to the defence:
f)
I consent to the statement being dltdosed for the purpo181 of c:ivl, or other proceeding& If
applcable, e.g. child care proceedings, CICA
---·--------~----~--::!-~..----·----·--······
Witness Signature:
ParenUGuardlan/apprcpriate adult Signature:
NIA
Statement Taken By (print name):
Self
Time and Place Statement Taken:
1100
00
00
00
Print Name:
KARllVES
Print Name:
N/A
Station:
16111/14 READING POLICE STATION
25 N/A
000
DOC?J
000
NIA
Address and telephone number If different from above:
No
READING
... . f
Appendix F
...
I
King Mike
From:
Sent
To:
Subject:
French, Richard [[email protected]] 14 November 2014 12:16 King Mike Shisha N Shake -AUthorised TENS 2012
1st January 2012 -1 event 11th and 12th February 2012- znd event/3rd day 25th and 26th February 2012- 3nt event/5th day 1Oth aod 11th March 2012 - 4th event/7th day 31st March and 1st fq)r1l2012- 5th event 9th day 29th April2012- 6th event 10th day 3nt and 4th June- "fh event 12th day 2013
1st January 2013 - 1 event
26th and 21th October- 2nd event/3rd day
9th and 10th November -·3nr event/5th day
23rd and 24th November·- 4th event/ "f1' day
-rt' and sth December - 5th event/9th day
14th and 15th December- 6th event/11tti day
21st and nnc:t December - 7ttt event/13th day
28th and 29th December ~ 8th event/15th day
Kind Regards
Richard French
Ucenslns/Entitlement & Assessment
Reading Borough Coundl
Telephone: 01189 373762
Email: [email protected]
Website: http:Uwww.readln&.gov.uk/businesses/licences-and-oermits/
CIVIC OFFICES ARE MOVING
Please note, we are moving our offices to CMc Offices. Brldu Street Rgdlnc. RG12LU.
This will be a gradual move starting on 27 November 2014 to 15 December 2014. During this period you will still be
able to come into the reception at the current Civic Offices up until Spm on 14.12.2014 In order to pay any fees and
hand In applications etc.
The new building reception will be open to the public as of 9am on 15 December 2014.
1
-·
'
•
·~
I
King Mike
From:
Sent
To:
SubJect:
French, Richard [[email protected]]
10 November 201411:19
King Mike
Shlsha N Shake, 16-17 Harris Arcade
Mfke,
1" event -1st January 2014
21!d event/3rd day-1" and 2"d February 2014
3"' event 5111 day -15th and 16th February 2014
4"' event 71.h day- 22nd and 23nt February 2014
5th event gth day -1" and 2rtd March 2014
6"' event 111h day-15th and 16th March 2014
7"' event 13th day- 29th and 30th March 2014
stll event 16th day -18th, 19th and 20th April 2014
gth event 18th day- 26th and 27th Aprtl2014
10th event 20th day- 31" May and 1st Jun-: 2014
No further TENS this year have been applied for. Only 1 permitted day left for 2014.
Kind Regards
Richard French
Ucenslng/Entltlement & Assessment
Reading Borough Council
Telephone: 01189 373762
Email: [email protected]
Website: htto:Uwww.readlng.gov.uk/businesses/licences-and-permlts/
CIVIC OFFICES ARE MOVING
Please note, we are moving our offices to CMc Offtc:es, Brldu Strnt, ReadiDB. RG1 ZlU.
This will be a gradual move starting on 27 November 2014 to 15 December 2014. During this period you will still be
able to come Into the reception at the current Civic Offices up until Spm on 14.12.2014in order to pay any fees and
hand In applications etc.
The new building reception will be open to the public as of 9am on 15 December 2014.
The tnfonnatfon tn thts e-mail Is confidential to the Intended redplent to whom tt has been addressed and may be
covered by legal professional privilege and protected by law. Readl"l Borough Coundl does not accept
responsibility for any unauthorised amendment made to the contents of thts e-maiL following Its dispatch.
1
2..1 Appendix G
Witness Statement
Page1 of 1
Criminal Procedure Rules, r 27. 2; Criminal Justice Act 1967, a. 9; Maglatntes' Courts Act 1980, s.SB
URN:
Statement of:
I
Joe WYATT
Over 18
Age If under 18 (If over Insert "over 18"):
Occupation:
Pollee Constable 5670
This statement (conslaUng of •••••• 1••.••. Pages(s} each signed by me) Is true to the best of my knowledge and beftefand I make it
, I shan be liable to prosecution If I have wllfuDy stated In It, anything which I know to be
false, or do not bel
Signature:
0
mom
00
~JY.u•oouommuumououmo Date: .!~!!~!~~~~muonuomnoooo ..
My name is P I
le 5570 WYATT of Thames Valley police currently stationed at
Reading pollee station in the Reading LPA. On the afternoon of Thursday November 13th 20141
was on duty in unifonn crewed with PC 261 ROSE using the call sign EA 25. We were also with
C2116 Mike KING who is the licensing officer for Reading. We all attended SHISHA and
SHAKE which Is located on STATION ROAD, READING. SHISHA and SHAKE is basically a
kebab shop, licensed to sell hot food until3am. It has been touted that they have been
breaching their conditions so we went there to see if there was any evidence of this. We
attended at approximately 12.35pm and asked to look at the door book which is a log of any .
incidents and when door staff sign in and out. On several occasions in recent weeks the door
staff had been signing out well beyond the finish of the license and so the decision was taken to
seize the door book as evidence. I can produce the door book as an exhibit Identified by the
mark JGW/1 - Th
s not put into property but was handed over to Mike KING for
his investigation.
1212012
Witness Contact Details
Name ofWitnesa:
Home Address:
Joe WYATT
URN:
C/0 Reading poRce staUon
///
Post Code:
Email Address:
Mobile:
Home Telephone No:
Work Tet No:
om9585823
Preferred means of contact ((Bpfldfy details for vulnaratJielflltlmldtlt8d wltnesaea only)
Gender:
Male
Former Name:
09111/1980, YeovH, Somerset
Ethnlclty Code (18+1):
W1 British
DATES OFWITNESS NON-AVAILABILITY:
Witness Care (please t1c1c or type In box provided)
a)
11 the wltnell wllflng to attend court?
b)
What can be done to enaUAI attendance?
Yes
lf 'No', Include reason(a} on form MG8
c) Does the witnesl raqulr& a Special Meaaures Allessment as a vulnerable or Intimidated wltnesa? ? (youth
under 18; witness with mental tlsotfler, Ieeming or physical ffsab/Rty; orwitness In fear ofQivfn(levfdence or
witnNs Is tlrtt complainantIn a sexual otrence case)
No
If 'Yes', submit MG2 With file In anticipated not guilty, contested or Indictable only cases.
d)
Does the wltneaa have any pertlcufar needs?
No
If 'Yes' what are they? (Disability, heatthcare, chHdcare, transport, language dlfHcultles, visually Impaired, restridad mobility or
other concams?).
v..
Wltn• Consent C(or wltn!p completion)
•)
The Victim Personal Statement scheme (victims only) has been explained to me:
b)
I have been given the Victim PenKJnal Statement leaflet
c)
I have been given the tear-off leaflet •Giving A Wltnan Slatement to the Pollee•••"
d)
I consent to pollee having aCC888 to my medical record(s) In relation to this matter. (obtained In
accordance with local practice)
e)
I consent to my medical record In relation to this matter being dlsdoaed to the defence:
f)
I consent to the atatement being disclosed for the purposes of civil, or other proceedings If
appKcable, e.g. child care proceedings, CICA
g)
Child wttn... CISe8 only. I have had the provision ~lng reporting restrictions explained to
me
No
N/A
00
00
00
ODD ODD
ODD
ODD DOD I would like the CPS to apply for reporting restrictions on my behalf.
I understand that the Information
will be passed on to the Witness Service, which offers help and
support to witnesses pre-trial ana.lar.tVIIl.
Signature of witness:
PRINT NAME:
Parent/Guardian/appropriate adult
PRINT NAME
Address and telephone number If different
Joe WYATT
m above:
Statement Taken By (print name):
Self written
13111/20141335hra, Ucenalng office, Reading pollee alation
Station:
29 READING
Appendix H I
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BAiLY pOOR STAFF.REGISTRATION
rulY MANAGER:
1.
DOOR SUPERVISOR'S NAME
SIA NUMBER
TIME IN
INITIALS
INITIALS
TIME
OUT
~ - o.S
CCUPANCY
!ME
INC1D8tt8ETA1L TIME
NUMBER
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TV MANAGER'S SIGN4111RE:
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Appendix J
LICENSING ACT 2003 SCHEDULE 12 PART A '·
PREMISES LICENCE
Reading Borough Council befng the Licensing Authority under the above Act,
HEREBY GRANT a PREMISES LICENCE as detailed in this licence.
I Premises Licence Number
ILP1000726
Premises Details
Trading name of Premises and Address
Mango Kick
Unit 17
Hams Arcade
Reading
Berkshire
RG11DN
Telephone Number
I 0118 956 6717
Where the licence Is time limited the dates the Licence is valid
MIA Licensable Activities
Ucensable Activities authorised by the licence
Playing of Recorded 1.\Jsic - Indoor
Late Night Refreshment • Indoor ft Outdoor
Authorised Hours for Licensable Activities
Hours for the Playing of Recorded Music
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
from
from
from
from
from
from
from
11 OOhrs until 0300hrs
Hours for the Provtston of Late Nfght Refreshment
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
from 2300hrs untfl 0300hrs
from 2300hrs until OJOOhrs
from 2300hrs until 0300hrs
Opening Hours
Hours the Premises is Open to the Public
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
from 11OOhrs unttl 0300hrs
from 11OOhrs until OlOOhrs
from 11OOhrs until 0300hrs
from 11OOhrs untfl 0300hrs
from 11 OOhrs until 0300hrs
Alcohol
Where the licence authorises supplies of alcohol whether these are on and/or off
supplies
N/A
Premises Licence Holder
Name, (registered) address of holder of premises licence
Name: Matthew Joannou
Address: •Mandeville Close, Reading, Berkshire, RG30 4JT
Additional Details
Name, address and telephone number of designated premises supervisor where
the premises licence authorises the supply of alcohol
Name:
Address:
N/A
NIA
Dest1r1ated Premises Supervisor
Personal Licence number and issuing authority of personal Ucence held by the
designated premises supervisor where the premises licence authorises the supply
of alcohol
Personal Licence Number:
Issuing Authority:
N/A
N/A
2
This Licence shall continue in force from 08/05/2009 unless previously
suspended or revoked.
Dated: 8 May 2009
Head of Environment ft Consumer Services
.·
3
35 Annex 1
Mandatory Conditions
Supplv of Alcohol
To be ap_R_lted where a premises licence authorises the supply of alcohol
1
2
No supply of alcohol may be made under the premises licence:
a) at a time when there is no designated premises supervisor in respect of
the premises licence, or
b) at a time when the designated premises supervisor does not hold a
personal licence or hts personallfcence is suspended
Every supply of alcohol made under the premises licence must be made or
authorised by a person who holds a personal licence.
FUm Exhtbttfons
To be applted only where a premises licence or club premises certificate
authorises the exhtbltfons of ftlms
1
The admission of children to any exhibition of any film must be restricted fn
accordance with section 20 of Part 3 of the Licensing Act 2003.
2
In the case of films whfch have been classified by the British Board of Film
Classification admission of children to ftlms must be restricted in accordance
with that dassiffcation.
3
In the case of fflms which have not been classified by the British Board of Film
Classification, admission of children must be restricted in accordance wfth any
recommendation made by the Licensing Authority.
Door Supervisors
To be applied where a premises licence or club premises certificate includes a
condition that any person must be at the premises to carry out a security activity.
[Except premises with a premises licence authorising only plays or films or
premises used exclusively by a club].
1
Each individual present at the licensed premises to carry out a security activity
must be Licensed by the Security Industry Authority.
4
Annex 2
Condittons A8reed with Thames Valley Pollee
Preventton of Crime 8: Disorder
1. The Premise Licence holder shall have Door Supervisors on a Friday and
Saturday evening from 2300hrs until closing time.
2. The Premise Licence holder shall ensure that all Door Supervisors whilst
employed at the premises shall wear 'High Visibflity' arm bands to incorporate
displaying their SIA badges.
3. The Premise Licence holder shall keep and maintain a register of Door
Supervisors. The register shall contain the following details:
a) The name, home address and registration number of all Door Supervisors
working at the Premises
b) SIA registration number
c) Date and time that the Door Supervisor commenced duty - countersigned by
the Designated Premises Supervisor or Duty Manager
d) Any occurrence or inddent of interest must be recorded giving names of the
foor supervisors involved
e) Date and time the door supervisor finished work, countersigned by the
Designated Premises Supervisor or Duty Manager
f) The Door Supervisor register must be kept at the Premises and be available for
inspection by Thames Valley Police and authorised officers of Reading Borough
Council. The register shall be retained for a period of stx months from the date of
the event.
4. All incidents which impact on any of the four licensing objectives shall be recorded in a register at the premises for this purpose. The names of the person recording the incident and those members of staff who deal with any inddent shall also be recorded. Where known, any offenders names shall also be recorded. 5•.The Premise Licence holder shall ensure the premises digitally recorded CCTV
system cameras shall continually record whilst the premises are opento the
public. The recordings shall be kept available for a minimum of 31 days with time
date and stamping. Data recordings shall be made immediately available to an
authorised officer of Reading Borough Council or a Thames Valley Police Officer,
together with facilities for viewing upon request. Recorded images shall be of
such a quality as to be able to identify the recorded person.
5
31 ..
.. Annex 3
Conditions attached after a hearins by the Licensing Authority
N/A
Annex4
Plans As attached plan dated 09/04/2009 6
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Appendix L
Witness Statement
Page 1 of1
CrlmlnaJ Procedure Rulea. r 27. 2i Criminal Justice Act 1987, s. 9; Maglstrataa' Courts Act 1980, s.5B
URN:
Statement of:
I
Benjamin Hewer
Age If under 18 (If ovar Insert "aver 18"):
Occupation:
Pollee Officer 291
This statement (conslating of ••••••1•..•.• Page&(a) each signed by me) Is true to the best of my knowledge and beliefand I make It
knowing that, If It Is tendered In evidence, I shall be liable to prosecution If I have wilfully stated In It, anything which I know to be
false, or do not believe to be true.
Signature:
~-~1.-------------------------------------------····--- D...: ••!~~!~!.~~~~-----·------------··
This statement relates to footage which I have produced using Body Wom Video of footage recorded on
Sunday 16 November 2014.
On Sunday 16 November 2014, I was crewed under call sign EA22 on operation Nlghtsafe In Reading Town Centre. Just after 0300hrs, I was informed that a food ouUet on STATION ROAD, READING was selling hot food past 0300hrs otherwise In accordance with their licence conditions. At around 0310hrs myself and PC 5840 KENNEDY stood outside SHISHIA & SHAKE on STATION
ROAD, which is next to the REVOLUTIONS BAR. We stood there for around 10 minutes and spoke to a
number of people who left the ouUet with food which had been purchased Inside. Footage shows the
customers leaving and confirming with officers that the food was hot
I can produce this footage in evidence as BDH/1 'SHISHIA & SHAKE STATION ROAD'. This footage
was downloaded from the BWV device on 16/11/14 at 18:40hrs and then placed In the town centre
neighbourhood office for the attention of Pc 2116 KINGJJ/I;olf ~
1
Signature:
1212012
f:~./J. ~~
Slgnatunt Wltneued by:
N/A
-----------------------
Witness Contact Details
Name of Witness:
Ben HEWER, PC291
URN:
Home Address:
C/0 Reading Pollee Station, Castle Street, Reading.
Email Address: [email protected]
n.polce.uk
Home Telephone No:
Post Code:
RG17TH
Mobile:
Work Tel No:
07976 721 928
Preferred means of contact ((specf6' details for vulnsrabla/Tntlmldalrld Wltnessas only)
Gender:
Male
Former Nama:
Ethnlclty Code (1 8+1):
DATES OF WITNESS NON·AVAILA81Lrry:
Witness Cant (please t1c1c or type In box provided)
a)
Is thewtlnessw!Ding to attend court?
b)
What can be done to en8UI8 attendance?
Yea/No
lf 'No', Include raason(s) on fonn MG8
c) Does the wltne8a raqufnJ a Special Measuras As&esament as a wtnerable or lnUmldatad witness? ? (youth
under 18; wtrneaa with manlsl dlsonler, leamlng or physical dlnb/1/ty; or wttneaa In fesr of giving evidence or
witneaala the complainant In a aexuaJ otrence case}
Y811No
If 'Yes', submit MG2 with file In anticipated not guilty, contested or Indictable only cases.
Does the witness have any particular needs? Yes/No
If 'Yeti what are they? (Disablftty, healthcara, chlldcare, transport. language dffficuiUes, visually Impaired, l'88tJic:IBd mobility or
other concema?).
d)
Yn
NIA
00
00
00
000
e) The V1ctim Peraonal Statement scheme (victims only) has been explained to me:
b) I have been given the VIctim Personal Slatement laaftat:
c) 1have been given the tear-orr leaflet •Giving A Witness Statement to the Pollee...•
d) I consent to polfce having access to my medical record(s) In relation to this matler: (obtained In
accordance wfth local practice)
000
e) I consent ID my medical record In relation to this matter being disclosed to the defence:
f) No
I consent to the &latement baing dfsc:loaed for the purposes of civU, or other proceedings If
applicable, e.g. chHd care proceedings, CICA
g) Child wttn... caa only. I have had the provision regarding 1'9pofting rastrtctlons explained to
me
000
000
000
I would like the CPS to apply for reporting restrictions on my behalf.
I understand that the Information recorded above will be passed on to the Witness Service, which offers help and
support to witnesses pre-trial and at court.
Signature ofwitness:
.[~%.tJ.J..... ...........................
Parent/Guardlanlapproprtate adult Slgnatul'9:
PRINT NAME:
£.f./EIJ/Et:;..............
PRINT NAME
Address and telephone number If different from above:
Station:
READING
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Appendix M
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King Mite <Michati.KingOthamesvalley.pnn.pollca.uk>
30 October 2014 06:30
Ucensing
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Champeau. Jean
Am414495;txt
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Good Afternoon All
Apoloales for this email as our databue Is down at the moment.
In the absence of respa.- to two emalls to the Ucenstnc consultants for Information ........... the~ for a Mtnorv.rtatlon for the above mentioned premises.
Thlmesv.ity ~Wish to mU. an
to the applk:idon based on the JJOunds of Crhne & Disorder and Pubic sa.ty. •••Ob)ediGn•••
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,... Klrig 1 Ucanlfno Officer 1Thames Valley Pollee 1Reading a Bradcneil Loc:al Police Areas I
~ ~ statlon,·castle Street, Reading, RG1 7TH I Telephone I Internal 75163531 Extemal
~U;tt-~3 I -M®Ite 07800 703310
... . .
t:o, lnfonnallon,. guidance and the Ucenalng Tollldt, visit: btlv.MsnowzpneJkz-IK;;hgmeDaae.hlm Click
m to report this email as spam.
1
Altson Bell
Reading
Borough Council
Appendix N
Dtrector of Environment and
Netpbourhood Services
Readfng Borough Counctl, CMc Offtces,
Working better with you
Reading, RG1 7AE.
SMS TEXT: 81n2,
• 0118 937 3737
Mr 8 Donne
Fax: 0118 93n 557 OUr Ref: lou 093475 Direct: • 0118 9373 762 Silver fox Licensing Consultants
Suite47
105 London Street E mall: jean.champeau®readtng.gov.uk
Reading 5 November 2014
RG1 4QO L
Your contact is:
_J Jean Sebastien ~u, Ucens~ng and Envtnmmental Protection
Dear Mr Donne
AppHcatfon for a minor var1atfons Licensfns Act 2003
Zorbas Shfsha and Kebabs, 16·17 Harris Arcade. Readfns•• RG1 1DN
Further to the application for a minor variation. I have considered the application and the
objection from Thames Valley Police and have refused the application.
The application indicate that a hatch would be created to allow service to customers in the
street on the public highway, the plan supplied with this application does not show such a
hatch.
The creation of a serving hatch on to the publfc highway at this location has implications for the
licensing objectives Public Safety and Crime and Disorder. I refer you to both the Home Office
guidance, Section 182 paragraph 8.49 and 8.53 issued in October 2014 and Reading Borough
Coundl Licensing Policy dated October 2013 paragraph 10.2.5
If you have any queries, please do not hesitate to contact me.
Yours faithfully
Jean Sebastien Champeau
Senior licensing & Enforcement Officer
www,readina.gov.uk
JSC02789.doc
DX 40124 Civic Offl
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Command & COntrol URN:
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Cltrmt Report(a):
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have '*"lost.
Manager as I believe it has stat not been spoken to and CC1V outstanding.
PC 73n BROMEU, PC 15 BEl.SHER and PS 6557 SUTTON were main dficers dealing with witne66eslstaff at
Zorbas.
may
Arrested and balled
Suspect
GEN 40(01~013)
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Arrested and bailed
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SUspect
When complete, pte11e forward to the Ucenslng Oftlcer for the area (and anyone eiH as per local Instructions)
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LICENSING ACT 2003 PREMISES LICENCE - PART A
Reading Borough Council being the Licensing Authority under the above Act,
HEREBY GRANT a PREMISES LICENCE as detailed in this licence.
I Premises . Licence Number
I LP!Q00314
Premises Details
Trading name of Premises and Address
16-17 Harris Arcade
Reading
RG11DN
Telephone Number
I 011s 9566717
Where the Licence is time limited the dates the Licence is valid
N/A
Licensable Activities
Licensable Activities authorised by the Licence
Playing of Recorded Music- Indoor
Late Night Refreshment • Indoor B: Outdoor
Authorised Hours for Licensable Activities
Hours for the Playing of Recorded Music
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
from
from
from
from
from
from
from
Hours for the Provision of Late Night Refreshment
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Page 1 of 7
lA_Premiseslicence Part A
4-l
Opening Hours
Hours the Premises is Open to the Public
Monday
Tuesday
Wednesday from 11OOhrs until 0300hrs
Thursday
Friday
Saturday
Sunday
Alcohol
Where the licence authorises supplies of alcohol whether these are on and/or off
supplies
N/A- NO ALCOHOL TO BE SOLD OR SUPPLIED UNDER THE PREMISES LICENCE
Premises Licence Holder
Name, (registered) address of holder of premises licence
Name:
Matthew Joannou
Address: IMandeville Close, Reading, Berkshire, RG30 4JT
Additional DetaiIs
Name, address and telephone number of designated premises supervisor where
the premises licence authorises the supply of alcohol
None
Designated Premises Supervisor
Personal Licence number and issuing authority of personal licence held by the
designated premises supervisor where the premises licence authorises the supply
of alcohol
None
This Licence shall continue in force from 21/10/2014 unless previously
suspended or revoked.
Dated: 21 October 2014
Head of Environment Ei: Neighbourhood Services
LA_Premiseslicence Part A
Page 2 of 7
Annex 1
I
-
•
Mandatory Conditions
Supply of Alcohol
To be ~plied where a ~emises licence authorises the su_pply of alcohol
1
2
No supply of alcohol may be made under the premises licence:
a) at a time when there is no designated premises supervisor in respect of
the premises licence, or
b) at a time when the designated premises supervisor does not hold a
personal licence or his personal licence is suspended
Every supply of alcohol made under the premises licence must be made or
authorised by a person who holds a personal licence.
Film Exhibitions
., To be applied only where a premises licence or club premises certificate authorises the exhibitions of films 1
The admission of children to any exhibition of any film must be restricted in
accordance with section 20 of Part 3 of the Licensing Act 2003.
2
In the case of films which have been classified by the British Board of Film
Classification admission of children to films must be restricted in accordance
with that classification •
3
In the case of films which have not been classified by the British Board of Film
Classification, admission of children must be restricted in accordance with any
recommendation made by the Licensing Authority.
....
Door Supervisors
To be applied where a premises licence or club premises certificate includes a
condition that any person must be at the premises to carry out a security activity.
[Except premises with a premises licence authorising only plays or films or
premises used exclusively by a club].
1
Each individual present at the licensed premises to carry out a security activity
must be licensed by the Security Industry Authority.
Page 3 of 7
LA_PremisesUcence Part A 4-9 Responsible Drink Promotions (commencement date 01/10/2014)
1) The responsible person must ensure that staff on relevant premises do not carry out,
arrange or participate in any irresponsible promotions in relation to the premises.
2) In this paragraph, an irresponsible promotion means any one or more of the following
activities, or substantially similar activities, carried on for the purpose of encouraging
the sale or supply of alcohol for consumption on the premises
( a) games or other activities which require or encourage, or are designed to require or
encourage, individuals to
(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or
supplied on the premises before the cessation of the period in which the responsible
person is authorised to sell or supply alcohol), or
(ii) drink as much alcohol as possible (whether within a time limit or otherwise);
(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or
discounted fee to the public or to a group defined by a particular characteristic in a
manner which carries a significant risk of undermining a licensing objective;
(c) provision of free or discounted alcohol or any other thing as a prize to encourage or
reward the purchase and consumption of alcohol over a period of 24 hours or less in a
manner which carries a significant risk of undermining a licensing objective;
(d) selling or supplying alcohol in association with promotional posters or flyers on, or in
the vicinity of, the premises which can reasonably be considered to condone, encourage
or glamorise anti-social behaviour or to refer to the effects of drunkenness in any
favourable manner;
(e) dispensing alcohol directly by one person into the mouth of another (other than
where that other person is unable to drink without assistance by reason of disability).
Page 4 of 7
50
Supply of Tap Water (commencement date 01/10/2014)
1. The responsible person must ensure that free potable water is provided on request
to customers where it is reasonably available.
Age Verification Policy (commencement 01/10/2014)
1. The designated premises supervisor in relation to the premises licence must ensure
that the supply of alcohol at the premises is carried on in accordance with the age
verification policy.
2. The policy must require individuals who appear to the responsible person to be
under 18 years of age (or such older age as may be specified in the policy) to produce
on request, before being served alcohol, identification bearing their photograph, date
of birth and either
(a) a holographic mark, or
(b) an ultraviolet feature.
Drink Measurements (commencement date 01/10/2014)
1. The responsible person must ensure that
(a) where any of the following alcoholic drinks is sold or supplied for consumption on
the premises (other than alcoholic drinks sold or supplied having been made up in
advance ready for sale or supply in a securely closed container) it is available to
customers in the following measures
(i) beer or dder: Y2 pint;
(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and
(iii) still wine in a glass: 125 ml;
(b) these measures are displayed in a menu, price list or other printed material which
is available to customers on the premises; and
(c) where a customer does not in relation to a sale of alcohol specify the quantity of
alcohol to be sold, the customer is made aware that these measures are available."
Page 5 of 7
5\ Minimum Permitted Pridng (commencement 28th May 2014)
1. A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permRted price. 2. For the purposes of the condition set out in paragraph 1
(a)"duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979; (b)"permitted price" is the price found by applying the formula p ""D + (DxV) where
(i) Pis the permitted price,
(ii) Dis the rate of duty chargeable in relation to the alcohol as if the duty were
charged on the date of the sale or supply of the alcohol, and
(iii) Vis the rate of value added tax chargeable in relation to the alcohol as if the
value added tax were charged on the date of the sale or supply of the alcohol;
(c) "relevant person" means, in relation to premises in respect of which there is in force a premises licence
(i) the holder of the premises licence,
(ii) the designated premises supervisor (if any) in respect of such a licence, or
(iii) the personal licence holder who makes or authorises a supply of alcohol under
such a licence;
(d) "relevant person" means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and (e) uvalued added tax" means value added tax charged in accordance with the Value
Added Tax Act 1994
Annex 2
Conditions Consistent with the Operating Schedule
Prevention of Crime & Disorder
1. The Premise Licence holder shall have Door Supervisors on a Friday and
Saturday evening from 2300hrs until closing time.
2. The Premise Licence holder shall ensure that all Door Supervisors whilst
employed at the premises shall wear 'High Visibility' arm bands to incorporate
displaying their SIA badges.
3. The Premise Licence holder shall keep and maintain a register of Door
Supervisors. The register shall contain the following details:
a) The name, home address and registration number of all Door Supervisors
working at the Premises
b) SIA registration number
c) Date and time that the Door Supervisor commenced duty- countersigned by
the Designated Premises Supervisor or Duty Manager
d) Any occurrence or incident of interest must be recorded giving names of the
foor supervisors involved
Page 6 of 7
52.
e) uate ana t1me tne ooor sup~• vt:,u• 11111:,ucu vvu• "' '"'vu••..~• ,, 5 .."'"" u 1 .......
Designated Premises Supervisor or Duty Manager
f) The Door Supervisor register must be kept at the Premises and be available for
inspection by Thames Valley Police and authorised officers of Reading Borough
Council. The register shall be retained for a period of six months from the date of
the event.
4. All incidents which impact on any of the four licensing objectives shall be
recorded in a register at the premises for this purpose. The names of the person
recording the incident and those members of staff who deal with any incident
shall also be recorded. Where known, any offenders names shall also be
recorded.
5. The Premise Licence holder shall ensure the premises digitally recorded CClV
system cameras shall continually record whilst the premises are open to the
public. The recordings shall be kept available for a minimum of 31 days with time
date and stamping. Data recordings shall be made immediately available to an
authorised officer of Reading Borough Council or a Thames Valley Police Officer,
together with facilities for viewing upon request. Recorded images shall be of
such a quality as to be able to identify the recorded person.
Annex 3
Conditions attached after a hearins by the Licensing Authority
N/A
Annex4
As attached plan no. 09/04/2009
Page 7 of 7
53