A man who had plans for a new Carlisle takeaway rejected says he has no plans to appeal the decision.
Houseyin Tanik was hoping he would be able to transfer the premises licence of Pizza Italia in Botchergate from the current license-holder, but Cumberland Council had received an objection from Cumbria Police. On Tuesday (July 18) members of Cumberland Council’s licensing sub-committee considered the application.
But after recommendations to refuse the application a decision was made to reject it. Licensing officer Amanda Bailey told members that the chief constable was satisfied that the granting of the application would undermine the crime prevention objective of the licence.
The objection had been submitted by Sgt Scott Adams, who is a police licensing officer, and Ms Bailey told members that the officer opposed the application because Mr Tanik had been convicted of a driving offence. She said Mr Tanik had pleaded guilty to the offence of driving while over the prescribed limit of a drug on August 30 last year and he had received a fine of £120, costs of £85 and was disqualified from driving for 12 months.
In his submission, Sgt Adams stated that he felt granting the application would undermine the prevention of crime and disorder objective. In his statement, he added: “This applicant is not deemed a fit and proper person to hold a premises licence. I object to his application on the ground above.”
The current licence allowed the sale of alcohol off the premises only, every day between noon and 5am, and late-night refreshment, every day between 11pm and 5am. Committee chairman councillor Sam Pollen (Labour, Egremont) said that, because the report contained sensitive personal information, they would hear the evidence in private and the press were excluded from the meeting.
After half an hour the committee members started their deliberations and 25 minutes later Mr Tanik, Sgt Adams and the press were all called back in.
Cllr Pollen told Mr Tanik that, after careful consideration, the panel had unanimously agreed to allow the objection and reject the application.
He added: “The reasons for this are: the committee has had regard to the provisions of the Licensing Act 2003, the national guidance, the local licensing policy and the licensing objectives – in particular the prevention of crime and disorder and public safety.
“The sub-committee were concerned about the nature of your conviction and how recently it occurred.
“The sub-committee were concerned about the intelligence shared by the police today.”
Cllr Pollen informed Mr Tanik that he had the right of appeal, at the magistrates’ court, and he would be advised on this by letter. However, speaking after the hearing, Mr Tanik confirmed that he did not plan to make such an appeal.