Agenda and minutes

In accordance with the local Code of Conduct, a councillor is required to disclose at the meeting any disclosable pecuniary interest (DPI) that they may have in respect of any matter for consideration on this agenda. Any councillor with a DPI must not participate in any discussion or vote regarding that matter and that they must also withdraw from the meeting immediately before consideration of the matter.

If that DPI has not been registered, you must notify the Monitoring Officer of the details of the DPI within 28 days of the date of the meeting.

Councillors are further invited to disclose any non-pecuniary interest which may be relevant to any matter on this agenda, in the interests of transparency, and to confirm that it will not affect their objectivity in relation to that matter.

There were no disclosures of interest.

In arriving at its decision, the Sub-Committee took into account the relevant representations submitted verbally and in writing. The Sub-Committee was also made aware that the following sections of the Licensing Policy were relevant:

·        Section 4.3-4.4: (Fundamental Principles) 

·        Section 12.5, 12.1.1 and 12.1.13: (Prevention of Crime & Disorder)

·        Section 17: (Licence Conditions)

·        Section 20.1-20.2: Reviews

The following sections of the Guidance issued by the Secretary of State under Section 182 of the Licensing Act 2003 were also relevant:

·        Section 2, paragraph 2.6: The licensing objectives

·        Section 9, paragraph 9.11 and 9.38: Determining applications

·        Section 11, paragraph 11.26, 11.27. 11.28, 9.42-9.44: Reviews

The Sub-Committee received a report from the Licensing Officer, Mark Adams.  The Sub-Committee noted that a review of the premises, Charcoal Grill had been called for by Surrey Police.  The premises was located on the gyratory in Guildford town centre and was close to a nightclub. 

The premises had a number of licences under various owners/managers and was previously licensed for the provision of late-night refreshment, licence reference GUPL0035, from 24 November 2005 until 12 May 2014.  Licence GUPL0035 was reviewed by Surrey Police in 2012, at which time the Sub-Committee amended the hours and imposed additional conditions.  Licence GUPL0035 was reviewed by Surrey Police in 2013, at which time the Sub-Committee revoked the premises licence.  The premises licence holder appealed the decision to the Magistrate’s Court who dismissed the appeal on 12 May 2014.  The current licence had been in effect since 10 April 2015, following a Sub-Committee hearing who granted the licence with further conditions, GUPLA0574.  Additional conditions were attached to the licence following variations to the original licence. 

The licence was then transferred to Mr Mutlu Temur in February 2020.  Following the receipt of the review application from Surrey Police, the licence was transferred to Mr Serkan Temur.  The Designated Premises Supervisor (required for the sale of alcohol) was still Mr Mutlu Temur. 

The Sub-Committee was advised that it must consider the review of the premises on its merits.  Having regard to the application and relevant representations made, the Sub-Committee must take steps (if any) as it considered appropriate for the promotion of the licensing objectives.  Those steps were to either modify the conditions of the premises licence, exclude a licensable activity, remove the Designated Premises Supervisor, suspend the licence for a period not exceeding three months or revoke the licence.

The Chairperson, Councillor Oven, invited Mr Peter Savill, Barrister to make a representation on behalf of the Police.  The Committee noted that the premises had a long history of review proceedings including a manslaughter that occurred on 12 October 2019.  The Police expected premises who operated in Guildford’s night-time economy to have a strict adherence to the law and the conditions that were attached to their premises licence. 

A review of the premises was called by Surrey Police who recommended that the licence was revoked.  This was owing to a very serious incident that occurred on 8 July 2023 outside of Charcoal Grill which involved an  ...  view the full minutes text for item 2.