Agenda, decisions and draft minutes

To elect a Chairman for the meeting of the Sub-Committee.

The Chairman will explain the attached procedure for the members of the public present.

The Chairman explained the procedure to be followed at the hearing, as contained within the “Wiltshire Licensing Committee Procedural Rules for the Hearing of Licensing Act 2003 Applications” (Pages 1 – 6 of the Agenda refers).

The Chairman will give details of the exits to be used in the event of an emergency.

The Chairman gave details of the exits to be used in the event of an emergency.

To receive any declarations of non pecuniary or pecuniary interests or dispensations granted by the Standards Committee.

There were no interests declared.

Application by Mohamad Saadi for a Variation of a Premises Licence at Feta Feast, 82 Market Place, Warminster BA12 9AU.

The Licensing Officer introduced the purpose and scope of the application, the premises to which it related and the key issues for consideration. The background of the history of the premises was outlined within the report (page 9 to 12 of the agenda refer). A representation had been received from Wiltshire Police who felt that the licensing objective, the prevention of crime and disorder would be undermined as a result of the proposed change.

In accordance with the procedure detailed in the agenda, the Applicant (Mr Mohamad Saadi) and the Responsible Authority (Mr David Bennett, Police Licensing Manager) were given the opportunity to address the Sub-Committee.

Key points raised by the Applicant, Mr Mohamad Saadi were:

·               He was the new owner, having just taken over the business from Mr Thnaibat.

·               All breaches had occurred during the previous owner’s tenure.

·               He would employ one door staff and another member of staff

·               The premises had never stayed open until 4.00 am as stated in Agenda Supplement 2

·               He had been informed by Wiltshire Police that the breach on the 24^th June 2012, as detailed in Agenda Supplement 1, would not be reported. The Police had attended and tried to assist shop staff in vacating the premises when there was a large party of people dancing around.

During questions to the Applicant Mr Saadi confirmed the he was the Mohamad named in Agenda Supplement 2 and that he owned half the business and had a business partner, Mr Shareef Nasri, with whom he shared takings and bills. He confirmed that the lease to the premises was still in Mr Thnaibat’s wife’s name and that it would be transferred when she returned from holiday. He explained that they had paid for half of the business and were paying the other half by monthly instalments to Mr Thnaibat. He confirmed that Mr Thnaibat played no further part in the business, being a customer only.

Key points raised by the Responsible Authority (Mr David Bennett of Wiltshire Police) were:

·               The Sub-Committee’s attention was drawn to sections 8 and 9 of the Guidance issued under section 182 of the Licensing Act 2003, in particular section 9.12

·               There had been problems at the premises since 2006.

·               Prior to the variation being granted on 15 December 2011 there had been 24 incidents where door staff had not been present.

·               Since the variation to the licence in December 2011 there had been only one minor incident of crime and disorder.

·               The Police believed that, despite Mr Saadi confirming he had not been responsible for decisions as an employee, he had day to day control during Mr Thnaibat’s ownership.

·               Agenda Supplement 2 indicated that Mr Saadi had been making decisions and controlling money whilst employed by Mr Thnaibat.

·               Since the review hearing on 15 December 2011 there had been 4 further breaches and a warning letter sent to Mr Thnaibat  ...  view the full minutes text for item 5.