basingstoke and deane borough council ......of mr mohid ahmed submitted an application for a...

of 8

BASINGSTOKE AND DEANE BOROUGH COUNCIL LICENSING TEAM

LICENSING ACT 2003 — REPRESENTATION FORM

Acting in the capacity of a responsible authority, on behalf of Basingstoke and Deane

Borough Council's Licensing Team, I wish to submit a representation to support the

review application served by Hampshire Constabulary in relation to premises licence

number 05/02743/PREMN (Blue Ginger).

The review application number is 18/01566/REVIEW.

My representation relates to the below licensing objectives:

The prevention of crime and disorder

The protection of children from harm

Details of Responsible Authority Application:

Name: Karen Hill

Capacity: Licensing Officer

Contact Details: Licensing Team, Basingstoke and Deane Borough

Council, Civic Offices, London Road, Basingstoke,

RG21 4AH. Telephone: 01256 844 844 Ext. 2787

Email: [email protected]

Appendices attached to this representation:

KMH/01 Premises licence 05/02743/PREMN

KMH/02 Issue letter with warning 9 September 2011

KMH/03 Letter summarizing meeting held on 9 September 2011

KMH/04 Summary of findings of inspection 26 May 2015

KMH/05 Letter for PACE interview dated 26 October 2018

Abbreviations Used:

1. DPS – Designated Premises Supervisor

2. PLH – Personal Licence Holder

3. CLO – Council Licensing Officer

4. PLO – Police Licensing Officer

5. EH – Environmental Health

of 8

Background Information and Details of Representation

The Blue Ginger is an independent indian restaurant in the small town of

Whitchurch.

Blue Ginger has held a premises licence since 24 December 2005.

Following a refurbishment of the property in 2005, a licensing agent acting on behalf

of Mr Mohid Ahmed submitted an application for a premises licence on 25 November

2005. The DPS specified was Mr Mohammed Mustak. No representations were

received during the consultation period and the licence was granted on 24

December 2005 as applied for. There have not been any changes to the licence

since. A copy of the licence can be found at Appendix KMH/1

In February 2007, Hampshire Fire and Rescue wrote to the licensing team to let us

know they had carried out an inspection at the premises and identified fire safety

deficiencies which they were dealing with under fire safety legislation.

On 5 March 2008, Mr Ahmed contacted the licensing team to say he had not

received his licence. Mr Ahmed was informed there was a fee for a copy of the

licence of £10.50. Mr Ahmed was not happy about this and declined to be put

through to cashiers to make a payment or take their number and said he would post

a cheque. Mr Ahmed was reminded it is a statutory requirement to display the

licence Part B.

On 16 March 2010 Mr Ahmed called again still claiming never to have received his

premises licence in 2005, he was informed of the March 2008 case note and that it

appeared he never paid so no replacement was issued. On 17 March 2010, Mr M

Ahmed made a payment of £10.50 for a replacement licence and a copy of the

licence was issued.

On 5 September 2011, an Environmental Health Officer provided a report to licensing

following a routine food and safety inspection at the Blue Ginger to inform licensing

that ownership of the Blue Ginger was unclear and that they had been informed the

DPS, Mr Mustak, had not worked at the premises for 6 months. Mr F

was the manager. The office also had observed there was no licence on display and

the premises licence (Part A or Part B) could not be produced at the visit.

Following this report, Licensing Officers carried out a visit to the premises and

carried out a routine compliance inspection on 7 September 2011.

Such visits are carried out routinely by the licensing team to ensure the licensable

activities are carried out in accordance with the licence and the conditions. Officers

will visit a premises and assess compliance with the licence and discuss with

whoever is managing the premises at the time their responsibilities under the

Licensing Act and to promote the licensing objectives.

of 8

Under the Act, where a premises licence authorises the sale of alcohol it is a

mandatory condition that a Designated Premises Supervisor (DPS) must be

specified. In order for the sale of alcohol to take place, the DPS must hold a

personal licence. In addition, it is a mandatory condition that every supply of alcohol

must be made or authorised by a person who holds a personal licence.

If the DPS is a different person to the licence holder, they are also involved

whenever possible in the inspection, as he/she has overall responsibility for the sale

of alcohol at the premises, therefore discussion includes his/her awareness of all

relevant matters that he/she needs to effectively monitor and control the sale of

alcohol.

The DPS, Mr Mustak, was not present at the inspection, neither was Mr Ahmed, the

licence holder. Officers spoke with a part time waiter who was present. Several

instances of noncompliance were found; no training records or DPS authorisations

available or incident log. The main concern was the level of supervision over the

sale of alcohol as officers were informed by the staff member present that the DPS,

Mr Mustak, only visits once a month. A meeting with the DPS was scheduled for 9

September 2011. Before the meeting took place, Mr Bill Donne of Silver Fox

Licensing Consultants, contacted Licensing on behalf of Mr Ahmed. He requested a

copy of the premises licence and identified several improvements that had already

been made and that he was working with his client regarding the areas of non-

compliance of licensing matters.

Following receipt of payment of £10.50 on 8 September 2011, a copy of the licence

was issued. The issue letter included a warning regarding display and retention of

the premises licence. See appendix KMH/02

The meeting took place on 9 September 2011. It was attended by Mr Mustak (DPS),

Mr F (Manager), Mr Donne and two Licensing Officers from the

Council. Mr Ahmed did not attend. Mr Donne provided details and evidence to

demonstrate improvements that had been made to ensure compliance with the

licence conditions. A letter summarising the meeting and outcomes was sent to Mr

Ahmed on 26 September 2011. This included the recommendation that as Mr

F was manager and in day to day control at Blue Ginger it would more

appropriate for him to be the DPS. Appendix KMH/03

Mr F applied for and was granted a personal licence on 30 March

2012. No application to change the DPS at Blue Ginger was made, Mr Mustak

remained, and still is the DPS.

On 11 May 2015 the licensing authority received information that a group of 16 year

old boys had gone into Blue Ginger on Saturday 9 May and requested, and were

served, alcohol. They were not accompanied by an adult. It was alleged the staff

asked to see ID but none was produced. Another customer in the premises verified

of 8

he knew they were 18 years old and the member of staff accepted this and a couple

of the group were subsequently served alcohol.

I visited the Blue Ginger on 19 May 2015 but only two front of house members of

staff were on site and neither were able to answer any questions about the licence. I

arranged to revisit on 26 May 2015 and met Mr F , the manager. He

informed me Mr Mustak was unavailable as he was away on business. Part B of the

licence was on display but not all the pages. There was now a notice on display

signed by the licence holder, Mr Ahmed, that Mr F and two front of house

members of staff (Mr F and Mr D ) are authorised to produce Part A of

the licence in his absence. There was also DPS authorisation signed by Mr Mustak

for all front of house staff (signed by Mr Mustak, dated 15 January 2015). An age

verification policy was on also display however this was for Challenge 21 and the

premises policy is for Challenge 25. A minimum measures notice was also on

display to inform customers still wine was served in a 125ml measure although this

was not on the drinks menu card and when asked Mr F said they do not

service still wine in 125ml. I had concerns, therefore, that although documentation

was in place to demonstrate compliance with the conditions, there still appeared to

be a lack of understanding in practice.

Mr F provided evidence of training carried out for staff by Silver Fox

Consultancy (Bill Donne). This was dated 15 January 2015. Mr F

explained training is normally carried out annually by Silver Fox Consultancy and

new staff attend training in Reading but following my visit Mr Donne had been asked

to come in and carry out training in house to all staff. This was a four hour session

held on Saturday 23 May 2015 including projector with slides and included a short

test. I was shown evidence of the training booklet ‘Underage Sales Handbook level

2’ which included a multiple choice test and signature page for records.

I discussed the licence conditions and the complaint with Mr F . One of the

conditions is that ‘children have to be accompanied in the restaurant at all times’.

Mr F interpreted children as under 12 but I pointed out under the Act,

children are under 18’s. Advise was given how to change this condition under a

minor variation.

Mr F denied alcohol was sold to under 18’s on 9 May as id was presented.

There was no CCTV at the premises at this time and I was unable to establish if

alcohol had been sold to under 18’s. In view of the positive action taken in response

to this allegation, and without any corroborating evidence, no further action was

taken other than advice given.

Mr Bill Donne, of Silver Fox Licensing Consultants, contacted me on 27 May to

discuss the visit and findings.

of 8

An email summarising my findings from the visit was sent to Mr F and Mr Donne

on 27 May 2015. The email again recommended the DPS is changed to the manager,

Mr F and full details how to make this change were provided. A copy of the

email was sent to Mr Ahmed to his home address by post. Appendix KMH/04.

On 6 July 2018 a joint inspection by Home Office Immigration Officers and a council

licensing officer was carried out at Blue Ginger. Mr F , waiter, was in

charge. Mr Mustak nor Mr Ahmed were present and officers were informed they are

based in Reading and only visit the premises occasionally. Part B of the premises

licence was on display (two out of three pages). Mr F was unable to produce

Part A of the premises licence, evidence of DPS authorisations or training, or an

incident log. He informed officers these were likely all in the office at the premises

which is locked and staff did not have access, only Mr Mustak had a key. The

premises now had CCTV but officers were unable to view this or the footage as these

were also in the locked office. One immigration offender with no permission to work in

the UK was detained by immigration.

On 24 October 2018, CLO, Karen Hill and PLO, Claire Wanless, carried out a routine

compliance inspection to follow up on the observations made by the licensing officer

during the visit on 6 July.

The premises were accessible but not open to the public. Mr F , Head Waiter,

was present. Mr F is not a personal licence holder. Mr Mustak was not

present and Mr F informed us he is at the premises one evening a week.

There was still only two pages of Part B of the licence on display. The signs for

minimum measures and Age Verification Policy (Under 25) were on display.

However, when asked Mr F said wine was sold in 175ml and 250ml, and was

unclear about the challenge policy. Mr F was unaware of the licence

conditions and all documentation asked for he believed was in the locked office

(DPS authorisations, training records, premises licence). Mr F had no

knowledge about the CCTV system or how to access it.

During the visit Mr F made contact with Mr Mustak and the PLO spoke with

him. He was unable to join us at the premises.

The fire extinguishers were seen to be last tested in 2014. In addition, there were

concerns about the back of house areas and concerns about the suitability and

safety of the accommodation areas, which was reported to Hampshire Fire and

Safety and to the Council’s HMO team. There were also concerns about the

immigration checks carried out on members of staff and whether some staff were

entitled to work in the UK. Information was passed to Home Office Immigration.

In view of our findings of breach of the licence (S136 offence) and lack of contact

with the licence holder or DPS, it was decided to carry out a formal interview under

of 8

caution with both Mr Ahmed and Mr Mustak. A telephone call was made to Mr

Mustak to explain this and a letter inviting both was sent on 26 October by email to

Mr Mustak and by post to Mr Ahmed’s home address. A copy of the

correspondence is at Appendix KMH/05. Licensing had no record of an email

address or telephone number for Mr Ahmed at this time. The interview was

arranged for 8 November 2018.

Only Mr Mustak attended the interview. He said he believed it was only one or other

of them needed to attend, not both, so he had attended alone.

Summary of interview

No training had been carried out for staff members by Fox Consultancy for 3-

4 years. Mr Mustak has carried out training himself since then but stated there

is little staff turnaround. Training is verbal and not documented.

Mr Mustak has had no licensing training since he took his personal licence

course in 2004.

Mr Mustak provided an authorisation document. This document was

authorisation signed by Mr Ahmed for staff members to produce Part A of the

premises licence. Mr Mustak seemed surprised when this wording was

pointed out to him, he thought it was authorisation to sell alcohol in the

absence of the DPS. In addition, this was out of date as two members of staff

had now left and Mr Mustak explained he had not provided the current one.

Mr Mustak had pictures of this updated authorisation on his phone, alleging it

was on display at the premises, but the picture was black screen so officers

were unable to verify the document.

Mr Mustak did not consider any incidents had occurred which needed to be

recorded as per the licence condition as the police did not make contact with

him about them; they involved persons outside the premises or staff.

Mr Mustak claims to work at the Blue Ginger 5 days a week, evenings only

and during the daytime at the River Spice restaurant in Caversham, Reading.

When he isn’t there Mr F is in charge, but Mr Mustak confirmed Mr

F is not given access to the office where all documentation, including

the incident log, is kept.

Mr Mustak is a director of the NRS Ltd which operates River Spice, and also

sole director of BG Limited which operates the Blue Ginger.

When asked if he thought he was complying 100% with the licence conditions

when the PLO and CLO visited the premises, Mr Mustak confirmed yes.

When asked if he considered there were no problems at the premises and it is

complying 100% with the licence conditions, Mr Mustak stated yes.

Mr Ahmed was invited to another interview under caution on 27 November 2018. He

failed to attend. The PLO contacted him by phone at the time but he gave no

explanation as to why he failed to attend.

of 8

Review is seen as a last resort after exploring all other avenues. However, in this

case officers had raised concerns on previous occasions and given advice but felt

Mr Ahmed and Mr Mustak were not cooperating with them and/or failed to

comprehend the breaches of licence conditions and the impact on the licensing

objectives. As a result a review application was submitted by the Police.

The Fire and Rescue Authority have since visited the premises on 1 November 2018

and informed us that an enforcement notice had been issued to Mr Mustak regarding

the Blue Ginger. This notice included 20 action points to be completed by 1 March

2019 to ensure people are adequately protected in case of fire. A representation to

the Review was not made by F&S, as any enforcement will be under Fire Safety

legislation.

Officers from the Housing of Multiple Occupancy team informed Licensing that Mr

Ahmed had already been served a Prohibition Order (to reduce overcrowding

through limiting the numbers of people and beds in the first floor accommodation).

Following our update, the Housing Improvement Officer visited the premises on 17

December 2018 to check compliance and found the order was in breach which is an

offence under the Housing Act 2004. A representation to the review was not made

as Housing will consider enforcement under this legislation. Licensing were

informed however that Officers were concerned this breach, the current state of the

property and the lack of contact from Mr Mohammed Mohid Ahmed, gives them little

or no confidence in his ability to manage the property.

Licensing are also aware of a food hygiene inspection by Environmental Health

inspectors in June 2018 following a complaint from a member of the public about

poor conditions at the premises. During the inspection it was noted there were

serious contraventions of food hygiene legislation and that major improvement was

necessary identifying 24 action points. Four follow up visits have since been carried

out and the EH officer is satisfied the required works have been completed. A

representation to the review was not made as Environmental Health have dealt with

the issues under Food Safety and Hygiene regulations, however, the officer’s report

highlighted a varying record of compliance and poor appreciation of the hazards and

controls by the management with required training identified.

Conclusion/Recommendation

I am required to undertake my duties under the Licensing Act with a view to

promoting the licensing objectives and have regard to the section 182 guidance and

council licensing statement of policy which sets out local policy aims.

The Acts allows flexibility for premises to provide licensable activities but includes

controls to ensure premises are responsibly run, and includes sanctions and powers

available to the expert authorities to address relevant problem areas.

of 8

It is essential that those working where the sale of alcohol takes place are fully

aware of their legal and social responsibilities to ensure management of the

premises reduces crime and disorder and public nuisance associated with alcohol,

whilst ensuring the safety of staff and customers and protecting children from harm.

At Blue Ginger, there is doubt about who is control and effectively managing the

premises to ensure the law and the responsibilities associated with the sale of

alcohol under the Licensing Act 2003 are complied with.

There is a casual attitude to training and to staff member’s responsibilities for selling

alcohol at the premises. The safety of staff and customers has been compromised

as a result, with an associated increase in potential for crime and disorder and

serving alcohol to those who are under age or already drunk.

There is a lack of overall management from the DPS and licensee, poor adherence

to the licence conditions and little consideration to promote the licensing objectives.

After my dealings with the premises and assessing the compliance history, I support

the Police review application and the need for the council to consider removing Mr

Mustak as the DPS and the addition of conditions to the licence.

Despite considerable advice and engaging the services of a licensing agent, Mr

Ahmed has consistently failed to take effective steps to ensure the licence

conditions are complied with and the licensing objectives are met. Steps to address

the issues are taken, but the attitude appears to be once that matter addressed that

is the end of it. There is no appreciation of an ongoing awareness and

management to ensure the licensing law and licence conditions are met, and staff

are trained and knowledgeable about the law and licensing objectives to ensure the

responsible sale of alcohol. This same attitude is seen with regards to other

legislation.

I therefore support the Police recommendations under the review application.

Declaration It is an offence under section 158 of the Licensing Act 2003 to knowingly or recklessly make a false statement in or in connection with this application. Upon summary conviction, this offence carries a fine not exceeding level 5 on the standard scale.

Date: 7 January 2019

Signature of Officer: Name and Capacity

Karen Hill, Licensing Officer

05/02743/PREMN Initial grant date: 240106 1 of 7

Schedule 12 Part A

Premises Licence BASINGSTOKE & DEANE BOROUGH COUNCIL

Premises Licence Number 05/02743/PREMN

Part 1 – Premises Details

Postal address of premises, or if none, ordnance survey map reference or description, including Post Town, Post Code Blue Ginger Bell Street Whitchurch Hampshire RG28 7AE

Telephone number 01256 695858

Where the licence is time limited the dates Not applicable

Licensable activities authorised by the licence and the times the licence authorises the carrying out of licensable activities, including seasonal opening hours etc

Live Music Monday to Sunday 11:00 - 00:30 Further Details

Very occasional acoustic sets. This activity will take place indoors only. Non Standard Timings

Christmas Eve, New Years Eve until 01:30hrs Recorded Music Monday to Sunday 11:00 - 00:30 Further Details

Quiet background music from CD's, Tapes and similar. This activity will take place indoors only. Non Standard Timings

Christmas Eve, New Years Eve until 01:30hrs

Regulation 33, 34

Appendix KMH/01


Licensable activities authorised by the licence and the times the licence authorises the carrying out of licensable activities, including seasonal opening hours etc Performances of Dance Monday to Sunday 11:00 - 00:30 Further Details

Occasional traditional Asian dancers. This activity will take place indoors only.

Non Standard Timings

Christmas Eve, New Years Eve until 01:30hrs Provision of Facilities for Dancing Monday to Sunday 11:00 - 00:30 Further Details

Occasional parties where diners have eaten in the restaurant. This activity will take place indoors only.


Christmas Eve, New Years Eve until 01:30hrs Late Night Refreshment Monday to Sunday 11:00 - 00:30 Further Details

Full service restaurant meals, takeaway and delivery service. This activity will take place both indoors and outdoors.


Christmas Eve, New Years Eve until 01:30hrs Sale of Alcohol Monday to Sunday 11:00 - 00:00 Non Standard Timings

Christmas Eve, New Years Eve until 01:30hrs

The opening hours of the premises

Monday to Sunday 11:00 - 01:00

Where the licence authorises supplies of alcohol whether these are on and/or off supplies Alcohol is supplied for consumption both on and off the premise


Part 2

Name, (registered) address, telephone number and email (where relevant) of holder of premises licence

Mr Mohid Ahmed

Telephone Number

Registered number of holder, for example company number, charity number (where applicable)

N/A

Name, address and telephone number (where available) of designated premises supervisor where the premises licence authorises for the supply of alcohol Mr Mohammed Mustak

Personal licence number and issuing authority of personal licence held by designated premises supervisor where the premises licence authorises for the supply of alcohol LP7000586 Reading Borough Council


Annex 1 – Mandatory conditions

Where the Licence Authorises Supply of Alcohol:

(1) 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.

(2) Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

The Licensing Act 2003 (Mandatory Licensing Conditions) Order

SCHEDULE

1.—(1) The responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children–

(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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

(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;


(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on–

(i) the outcome of a race, competition or other event or process, or

(ii) the likelihood of anything occurring or not occurring;

(e) 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.

2. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

3. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

4.—(1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

(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 a holographic mark.

5. The responsible person shall 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 cider: ½ pint;

(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and

(iii) still wine in a glass: 125 ml; and

(b) customers are made aware of the availability of these measures.


Annex 2 – Conditions consistent with the Operating Schedule

General licensing objectives

The management and staff will receive training on the licensing objectives and the laws appertaining to the licensing Act 2003.

Staff training records will be kept on file and made available for inspection.

Prevention of crime and disorder objectives

A representative will attend and be an active member of Pubwatch.

A secure area will be made available for guest’s coats etc.

All staff will be authorised by a Personal Licence Holder, and that authorisation will be recorded.

An incident book will be kept and details of any incidents will be recorded.

Alcohol will not be supplied to persons under the age of 18, except where under the specific circumstances allowed in the Licensing Act 2003.

Public safety objectives

All fire exits will be unlocked and kept clear during opening hours.

Any security fastenings will be removed and stored elsewhere

Fire drills and emergency lighting tests will be conducted in accordance to the risk assessments.

All fire exits will be signed.

First aid equipment and materials will be available at all times.

All electrical equipment will be tested annually by suitably qualified electrician.

Prevention of public nuisance objectives

A notice will be placed near the exit requesting guests to leave the restaurant quietly.

Protection of children from harm

There will not be entertainment or activity of a sexual nature.

Children will have to be accompanied in the restaurant at all times.

A designated 'no smoking' area will be available.

The PASS nationally accredited scheme, in addition to a passport or modern driving licence will be the only documents accepted as proof of age


Annex 3 – Conditions attached after a hearing by the licensing authority

None

Annex 4 – Embedded Restrictions pertaining to the converted licence

None

Annex 5 – Plans

See attached.

Mr M Ahmed

8 September 2011

Your Ref: Our Ref: 05/02743/PREMN Dear Mr Ahmed LICENSING ACT 2003 – PREMISES LICENCE BLUE GINGER, BELL STREET, WHITCHURCH, HAMPSHIRE, RG28 7AE Please find enclosed a copy of your premises licence as requested which has been issued under the Licensing Act 2003 and is subject to any conditions attached. Under section 57 of the above Act you must ensure that the Part A Licence document or a certified copy of that document is kept at the premises in the custody or under the control of

a) the holder of that licence; or b) a person who works at the premises and whom the holder of the licence has

nominated in writing. A notice nominating such a person must be displayed at the premises. The Part B Licence Summary must be prominently displayed at the premises. You are reminded that on two recorded inspection visits to the Blue Ginger licensing officers have reported that the Part B has not been on display and no member of staff was able to produce the Part A as required under section 57 (see above). This letter is sent as a warning that should this authority have reason to investigate non compliance with section 57 of the Act in the future, we will have no alternative than to refer the matter to our legal department for further advice. If you require further information concerning the above, please contact the Licensing team on (01256) 844844 or email [email protected] Yours sincerely

for Head of Legal and Democratic Services enc

Appendix KMH/02

((2))

Mr Mohid Ahmed

RG2 8SJ

Our Ref: 05/02743/PREMN 26 September 2011

Dear Mr Ahmed LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 TOWN POLICE CLAUSES ACT 1847 RE: LA PREMISES LICENCE NEW APPLICATION I write to inform you of the outcome of the Licensing enforcement visit to the above premises on 7th September 2011 and the subsequent meeting held at the civic offices on 9th September 2011. The meeting was attended by myself, Licensing Officer Karen Hill, Mr Mohammed Mustak (Designated Premises Supervisor), Mr F (General Manager) and Mr Bill Donne (Licensing Consultant, Silver Fox Licensing Consultants). During the meeting we discussed several areas of non-compliance with the terms of your premises licence identified during our inspection. I have summarised the outcome of our inspection below and in each case outlined the agreed actions as discussed with premises representatives at our meeting on 9th September 2011: 1. Premises Licence During the visit officers observed that the Part B Licence Summary was not displayed in accordance with section 57 of the above act. The premises representative was also unable to produce the Part A Licence document on request. Please be advised that a person commits an offence under section 57 of the above act if he or she fails without reasonable excuse to produce a premises licence to an authorised office on request. The premises licence holder must ensure that the Part A Licence document or a certified copy of that document is kept at the premises. The Part A Licence Document must be in the custody or under the control of either the holder of that licence; or a person who works at the premises and whom the holder of the licence has nominated in writing. A notice nominating such a person must be displayed at the premises. Following our visit to the premises on 9th September a replacement premises licence was issued by the Licensing Team. The replacement licence was collected from the civic offices reception on 8th September 2011 by a representative of your premises. You must ensure that the Part B Licence Summary is prominently displayed at the premises and that you comply with the above requirements in regards to the Part A Licence Document.

Appendix KMH/03

2. Licence Conditions

As you will be aware there are several conditions listed on Part A of your premises licence at Annex 2. Following our visit to the premises the below conditions were raised as areas of concern where further action will be required to ensure compliance.

The management and staff will receive training on the licensing objectives and the laws appertaining to the licensing Act 2003.

Staff training records will be kept on file and made available for inspection.

The PASS nationally accredited scheme, in addition to a passport or modern driving licence will be the only documents accepted as proof of age

All staff will be authorised by a Personal Licence Holder, and that authorisation will be recorded.

During our visit to the premises the staff member on duty was unable to provide staff training records to officers on request. In order to ensure compliance with your premises licence conditions the licence holder and DPS must ensure that members of staff are adequately trained to ensure compliance with the terms of the Licensing Act 2003. Subject matter should include their understanding of the Licensing Act 2003, the promotion of the licensing objectives, acceptable forms of identification and the company age verification policy. It is recommended that staff signatures are obtained to clarify they have participated in and fully understand training material. It is also recommended that refresher training is carried out at regular intervals. You must ensure that training records are kept on file at the premises and made available to an officer on request.

At our meeting of 9th September we discussed the requirement for a staff training programme to be introduced at the premises to ensure compliance with the above condition. Mr Donne advised officers that all staff would be required to complete a Licensing Act 2003 training course provided by Silver Fox Licensing Consultants within one month of our meeting. The conditions listed at Annex 2 of your premises licence also require that authorisations for the sale of alcohol are recorded. Under the above Act, where a premises licence authorises the sale of alcohol, a Designated Premises Supervisor (DPS) must be specified. In addition, a premise licence requires that every supply of alcohol must be made or authorised by a person who holds a personal licence (Annex 1). It is accepted that the DPS may not always be at the premises, although they remain responsible for the sale of alcohol at all times. The Secretary of State guidance issued under section 182 of the above Act also recommends that personals licence holders give specific written authorisations to individuals that they are authorising to sell alcohol’. During our inspection no records of authorisations

were made available to officers. Written authorisations protect the DPS, show due diligence and responsible management of the premises. Authorisations also protect the employee if they are challenged regarding their authority to sell alcohol. Authorisation should clearly identify the individual and what they are authorised for. It is also good practice that the activity being authorised is monitored and proper supervisory control is carried out of those authorised. It is recommended all staff are aware of this authorisation, and it should be signed by those named and the DPS, to evidence that all parties are aware of and agree to this authorisation.

At our meeting Mr Donne provided evidence that DPS authorisations had been put in to place following our visit and had been signed by the DPS and relevant staff members. Please ensure the authorisation is kept up to date and that staff are able to produce the written authorisation to officers on request. 4. Mandatory Condition – Age Verification Policy On 14 April 2010, Licensing wrote to all premises licence holders to advise them of Mandatory Codes being introduced by the Police and Crime Act 2009. A copy of the codes was forwarded with that letter along with details of when each code was to come into effect. Licence holders were informed that premises licences would be updated to include the new condition when any future changes in the licence resulted in its reissue, but that the codes were conditions which must be complied with from the effective date. In order to ensure compliance with the mandatory condition the premises licence holder should take all reasonable steps to ensure that a proof of age policy is operated at their premises. During our meeting Mr Donne confirmed that an age verification policy would be implemented at the premise to ensure compliance with the mandatory condition. As the premises licence holder you must ensure and all staff are trained accordingly and aware of the existence and content of the age verification policy. To summarise, the premises inspection highlighted a significant number of actions required to ensure compliance with terms of your premises licence. During our meeting Mr Donne supplied evidence to demonstrate that significant improvements had already been made including the introduction of DPS authorisations and an age verification policy. It was also agreed that a staff training programme would be implemented at the premise. We also discussed submitting a DPS variation application to name Mr F as the DPS following his completion of a personal licence course. It was suggested that Mr F may be a more appropriate individual to be listed as DPS due to his direct involvement with the premises on a daily basis. It was clear from our meeting that Mr Donne has provided you with extensive guidance and the necessary tools to ensure compliance with terms of your licence. However, it is your responsibility as the licence holder to ensure the continued implementation of these measures at the premises. I trust now these matters have been brought to your attention they will be

addressed. It may be necessary to carry out a follow up inspection to ensure continued compliance with the terms of your premises licence. Please be advised failure to carry out a licensable activity in accordance with your premises licence conditions constitutes an offence under section 136 (1) of the above act. As stated above, a person found guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £20,000 or both. Should we in the future obtain evidence that the above premise is not operating in accordance with their premises licence, we may consider formal enforcement action against you as the licence holder under the above Act. If you have any queries regarding the inspection the subsequent meeting or this letter, please contact the Licensing Team on (01256) 844844 or email [email protected]. Yours sincerely,

Jessica Harris Assistant Licensing Officer Legal and Democratic Services cc. Mr Bill Donne, Silver Fox Licensing Consultants, Reading, Berkshire, RG1 4QD.

Mr Mohid Ahmed

27 May 2015 Your Ref: Our Ref: 05/02743/PREMN Dear Mr Ahmed LICENSING ACT 2003 – PREMISES LICENCE BLUE GINGER, BELL STREET, WHITCHURCH, HAMPSHIRE, RG28 7AE On 26 May 2015 I visited the above premises and met with Mr Tito Fernandes, the manager of the premises. The purpose of the visit was to inspect the premises pursuant to the premises licence issued under the Licensing Act 2003 and also to discuss a complaint received alleging that alcohol was sold to persons under 18 years of age. I have today been contacted by Bill Donne of Silver Fox Licensing Consultants and discussed my findings and recommendations. I have written to Mr F summarising the findings of my inspection visit and sent a copy to Mr Donne. Unfortunately I do not have an email address for you but attach a copy of the email for your information. If you have any queries or wish to discuss any matters raised, please do not hesitate to contact me on (01256) 844844 or email [email protected]. Yours sincerely

Mrs Karen M Hill Licensing Officer For Head of Commissioning and Governance

Enc: Copy of email to Mr F .

Appendix KMH/04

From: Karen Hill Sent: 27 May 2015 15:28 To: Cc: 'billdonne Subject: Blue Ginger - Licensiing Inspection 26 May 2015 Dear Mr F Thank you for your time and cooperation yesterday for the inspection under the Licensing Act 2003 and to discuss the complaint. As promised I summarise our discussion as follows: 1. Designated Premises Supervisor (DPS) Although the DPS does not always have to be present at the premises when alcohol is sold, they are responsible for the sale of alcohol that takes place there. Home office guidance states the DPS would normally be the person who has been given day to day responsibility for running the premises by the premises licence holder. As the manager of the Blue Ginger you are best placed for the role of DPS and I recommend this change is applied for. To change the DPS, the licence holder (Mr Mohid Ahmed) must submit:

A completed application form

Consent form completed by the proposed DPS.

Fee of £23.00

The Premises licence Part A and B The proposed DPS must hold a personal licence. The complete application must be submitted to the Licensing Team and a copy of the two forms sent to the police at: The Licensing Officer, Hampshire Constabulary, Basingstoke Police Station, London Road, Basingstoke, Hampshire RG21 2AD. The application proposing the new DPS can take immediate effect if applied for. However, the application to change the DPS has a 14 day consultation period with the police. It is not until this period has ended and if no objections are received from the police, that the licence will be reissued. An application to vary the DPS can be applied for online using the UKGov link. See the link below: http://www.basingstoke.gov.uk/browse/business/licensing/licensing-act-2003/premises-licence-guidance-on-making-an-application.htm Please follow the instructions under ‘Making an Online Application’. If an online application is made, no copy needs to be given to the police, we will do this on your behalf. 2. Premises Licence All pages of Part B (the licence summary) must be on display in a prominent position. Only pages 1 and 2 were on display at the premises, please ensure page 3 is also displayed. 3. Mandatory Condition Alcohol Measures

The notice on the wall at the premises states the minimum measures available at Blue Ginger which are in line with the mandatory condition (Part A, Annex 1). However, the menu only includes wine available by the glass in 175ml and 250ml measures. In order to ensure customers are aware wine is available in a 125ml measure, I recommend you include this in the wine list along with the price and that staff are aware this measure is available. 4. Age Verification Policy Challenge 25 You informed me you operate challenge 25 at the premises, however, notices at the premises about the age verification policy operated say challenge 21. I have today spoken to Bill Donne at Silver Fox Licensing Consultants and he has advised me new notices are being sent to you. 5. Complaint As discussed, we received an allegation that on Saturday 9 May 2015 a group of teenagers at the Blue Ginger were served alcohol when they were under 18 years of age and without ID being requested by staff. You informed me you were on duty and remember the group and that alcohol was served but to a person who joined the group and who provided satisfactory ID. However, you have clearly taken the allegation seriously and taken positive steps in obtaining refresher training on the Licensing Act, the objectives etc for all your staff from Silver Fox Licensing Consultants . Without further evidence I am unable to corroborate your or the complainant's version of events as to whether alcohol was sold to a person under 18 years old and will not be taking any further action on this matter. 6. Licence Conditions We discussed the conditions under the premises licence under Part A, Annex 2 and I draw your attention to the condition under the Protection of Children from Harm requiring that children will have to be accompanied in the restaurant at all times. Under the Licensing Act 2003, children are under 18 years old therefore allowing unaccompanied groups of teenagers on the premises would be in breach of your licence which is an offence. You clearly considered ‘children’ to mean young children (up to 12 years) and I would advise this condition is amended or removed if you wish to allow children over 12 years to be on the premises without an adult. To remove or amend out of date conditions or those that are no longer relevant, duplicated or superseded by other legislation can be done by a minor variation (or full variation depending on the changes considered and the potential impact on the licensing objectives). 7. Minor Variation Procedure The procedure for making a minor variation application requires the licence holder to submit a completed application form along with a fee of £89 and return the premises licence Part A and B. When an application is submitted, the licence holder must display a notice on white paper prominently at the premises detailing a summary of the application. The notice has to be up for ten consecutive working days and should be on display in a prominent position and also where the premises abuts a highway. Local residents, Ward Members, residents and businesses may make a representation to the council about application if they believe the proposed changes would undermine the licensing objectives. If an objection is received, the minor variation may be refused and a full variation would be necessary.

The forms and guidance on procedure can be found on our website at http://www.basingstoke.gov.uk/apply A minor application can also be made online using the links under ‘Making an Online Application’ on that page. If you have queries regarding the above or require further information, please do not hesitate to contact the Licensing Team on 01256 844844 or email [email protected]. Kind regards Mrs Karen M Hill Licensing Officer Shared Licensing Service Basingstoke and Deane Borough Council and Hart District Council Telephone number 01256 844844 Fax 01256 845200 Email address [email protected] www.basingstoke.gov.uk Follow us on Twitter@basingstokeGov www.hart.gov.uk Follow us on Twitter@HartCouncil

From: Karen Hill Sent: 26 October 2018 14:41 To: Subject: Blue Ginger - Invitation to Interview Dear Mr Mustak, As discussed yesterday, please find attached a letter inviting you and Mr Ahmed for an interview under caution at the Council offices. This is as a result of a compliance visit to the Blue Ginger licensed premises on 24 October 2018. Supporting documents referred to in the letter are also attached. A copy has also been sent to Mr Ahmed via post. If you have any queries regarding the interview, please contact the licensing team on 01256 844844 or email [email protected]. Regards Karen Hill Licensing Officer Basingstoke and Deane Borough Council Tel: 01256 844844 [email protected] www.basingstoke.gov.uk

@BasingstokeGov @BasingstokeGov Sign up to receive email updates on council services, news and events at www.basingstoke.gov.uk/signup

Appendix KMH/05

Chief Executive Melbourne Barrett MBA MRICS

Executive Director of Borough Services Rebecca Emmett BSc (Hons) AIEMA

Page 1 of 2

Mssrs Mohid Ahmed and Mohammed Mustak Blue Ginger Bell Street Whitchurch Hampshire RG28 7AE Sent by email to: Our Ref: 05/02743/PREMN 26 October 2018 Dear Mssrs Ahmed and Mustak LICENSING ACT 2003 – INTERVIEW UNDER CAUTION We have had reason to conduct an investigation into offences under section 136 of the Licensing Act 2003, whereby licensable activities have taken place at the Blue Ginger, Bell Street, Whitchurch not in accordance with the premises licence. We would now like to interview you both in connection with this investigation to enable you to provide an explanation of the events which it is alleged have occurred. As we have reason to believe that an offence has been committed under the above Act, we need to interview you under caution. This means that, depending on what you tell us during the interview, we may take criminal proceedings against you. An explanation of a caution and frequently asked questions are attached for your information. The interview will be video and audio recorded. We will provide you with more information about the allegation when you attend for interview. You are entitled to seek legal advice and to bring your legal representative with you to the interview. You may bring a friend or relative to the interview as long as they are not potentially connected with the investigation. The interview should take between 30-90 minutes. If you suffer from any health problems which could affect your ability to take part in an interview, please let us know. Children will NOT be allowed to accompany you to the interview. Please come to Reception at Parklands Building at the above address on Thursday 8 November 2018 for 1430 and inform reception when you have arrived.

of 2

It is important that you are both interviewed, being licence holder and designated premises supervisor, and that you both attend. If you choose not to attend the interview, but then you later in court rely on something that you could have disclosed at the interview, inferences can be drawn by the court in regard to your non-attendance. Failure to keep this appointment may not prevent criminal proceedings being taken. Please contact us if there is anything you do not understand although no information with regard to the investigation can be discussed. If this date and time is not convenient, please do not hesitate to contact the Licensing Team on 01256 844844 or email [email protected]. Yours sincerely Mrs Karen M Hill Licensing Officer For Head of Environmental Services Enc: Frequently Asked Questions Explanation of a Caution Cc: Mr Mohid Ahmed

Blue Ginger LO Representation.pdfAppendix KMH01- Premises Licence.pdfAppendix KMH02 issue letter with warning.pdfAppendix KMH03 - Letter following meeting 090911.pdfAppendix KMH04 - correspondence following inspection 260515 .pdfAppendix KMH05 - PACE Interview Ahmed and Mustak.pdfAppendix KMH05 PACE Interview invite Ahmed and Mustak.pdfBlue Ginger PACE interview invite Ahmed and Mustak.pdf

basingstoke and deane borough council ......of mr mohid ahmed submitted an application for a...

Documents