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Page 1 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
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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.
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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
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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.
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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
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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.
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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.
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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
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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
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05/02743/PREMN Initial grant date: 240106 2 of 7
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.
Non Standard Timings
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.
Non Standard Timings
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
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05/02743/PREMN Initial grant date: 240106 3 of 7
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
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05/02743/PREMN Initial grant date: 240106 4 of 7
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;
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05/02743/PREMN Initial grant date: 240106 5 of 7
(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.
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05/02743/PREMN Initial grant date: 240106 6 of 7
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
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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.
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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
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((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
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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.
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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
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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
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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
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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.
-
Page 2 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