The Committee will appoint a Chair and Vice-Chair for this particular meeting.

Agreed that Councillor Rennie is appointed Chair and Councillor Mrs Bowyer is appointed Vice-Chair for this meeting.

Members will be asked to make any declarations of interest in respect of items on this agenda.

There were no declarations of interest made by councillors in accordance with the code of conduct.

(Councillor John Smith left the meeting after consideration of this item).

To receive reports on business which, in the opinion of the Chair, should be brought forward for urgent consideration.

There were no items of Chairs urgent business.

The licence holder advised the Committee that he had submitted an appeal to the European Court of Appeal and proposed that it may be appropriate for the review to be adjourned pending the outcome.

Members considered the application from Mr Bahmanzadeh to adjourn the hearing pending the outcome of his application to the European Court of Appeal.  The hearing was originally adjourned to await the outcome of the criminal proceedings and these had now been completed through the full judicial process.  In accordance with s.182 Licensing Act 2003 guidance the licensing authority’s duty is to take steps on the licence with a view to the promotion of the licensing objective in the interests of the wider community and should not go behind the findings of the Court.  Therefore Members agreed to continue with the hearing and reject the application to adjourn.

The Director for Place will submit a report on the review of a premises licence.

The Committee having –

(i)    Considered the report from the Director for Place

(ii)    Heard from the legal representative for Devon and Cornwall Police and considered the evidence from the Police witness and in the witness statement provided –

with regard to the background to the criminal convictions that:

·         In 2005 they had been in receipt of intelligence to suggest that drugs were being supplied and used within the club which lead to them conducting an operation to investigate the extent of the activities and the increasing levels of violence in the club and admittance of under 18s to the premise.

·         That as a result of test purchases carried out by Police Test Purchase Officer fifteen persons, who were identified dealers, were prosecuted for either the supply of drugs or possession with intent to supply.  Thirteen of these were sentenced to terms of imprisonment ranging from twelve months to four and a half years and two received terms of imprisonment suspended for two years with 150 and 100 hours of unpaid work.

·         There was a bar worker prosecuted for theft who received a 2 year conditional discharge and a further 7 persons who had sold drugs to the Test Purchase Officers who were never identified.

·         The Management Team consisting of the Premises Licence Holder, the Designated Premises Supervisor, the Manager/DJ,  were all charged jointly with permitting the premises to be used for the supply of class A drugs; a trial was held at the Plymouth Crown Court in June and July 2008.

·         The outcome of the trial was:

o   The Designated Premises Supervisor was found not guilty

o   The Manager/DJ was found guilty on the 21 July 2008 and sentenced to 5 years imprisonment.  He also was found guilty of possession of Class C drugs (Cannabis resin) and Class A (MDMA) found following a search of his home and received a sentence of one month imprisonment on each to run concurrent.

o   ManochBahmanzadeh (the Premises Licence Holder) was found guilty on the 21 July 2008 and sentenced to 9 years imprisonment.

o   On 17 December 2008 an application for leave to appeal the sentence was refused at the Criminal Court of appeal

o   In September 2010 a Confiscation Order in the sum of one million pounds was made pursuant to the Proceeds of Crime Act and has been paid

o   On the 29 November 2012 a further application for leave to appeal was heard before the Criminal Court of Appeal.  The conviction was upheld but the sentence was reduced to 90 months imprisonment. 

With regard to the application for review of premises licence that:

·        An application for review of the premises licence was lodged in May 2006.  The application was adjourned until all the criminal proceedings were completed.

·        An application to close the premises pursuant to s1 Anti-Social Behaviour Act 2003 was heard by the Plymouth Magistrates’’ Court and granted.

·        The review was adjourned as a consequence of the criminal appeals and the order that the Dance Academy should  ...  view the full minutes text for item 77.

To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 to exclude the press and public from the meeting for the following item(s) of business on the grounds that it (they) involve(s) the likely disclosure of exempt information as defined in paragraph(s) ? of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

There were no items of exempt business.