A Brighton restaurant owner pleaded for a “yellow card” rather than lose his licence after police found tables full of alcohol on display during Brighton Pride.
Ali Algun, who owns Yelken, in in St James’s Street, made the plea at a Brighton and Hove City Council licensing panel today (Monday 12 December).
The panel, which was called to “review” Yelken’s premises licence, heard that police went into the restaurant after seeing customers standing and drinking and tables loaded with shots of alcohol.
Yelken’s licence restricts the sale of alcohol to people seated at tables and having a meal. Mr Algun insisted that customers were eating sandwiches but the police said that this was untrue.
Sussex Police licensing officer Hannah Staplehurst said that the visit was one of the routine checks on all businesses in St James’s Street on Sunday 7 August.
She told the licensing panel which consisted of three councillors – Zoe John, Clare Moonan and Dee Simson – that the force had “no confidence” in Mr Algun, Yelken’s licence holder.
Ms Staplehurst added that he had “failed to engage” with officers on three occasions.
She said that bodycam footage from Sgt Vincent Lam showed tables covered with filled shot glasses, beer cans and jugs of cocktails, with chairs at the back of the restaurant.
During the visit during Pride, she explained to Mr Algun that alcohol should not be on display and customers should be seated with a meal as they would on a normal day.
Mr Algun refused to comply – and Ms Staplehurst told the licensing panel: “At the time, Yelken was undoubtedly a drink-led venue.
“It was explained that we saw the high volume of alcohol from outside, therefore, members of the public would too.
“Both Sergeant Lam and myself advised Mr Algun to remove the numerous shot glasses, cans of beer and jugs of cocktails.”
Later the same day, the licensing team saw three people leave the premises with “pornstar martini” cocktails even though the restaurant did not have an “off sales” licence.
Ms Staplehurst said that Mr Algun did not engage with her during a follow-up meeting the following week or after a licensing visit in September when further breaches were uncovered.
Councillor Simson asked if the force had experienced any complaints or concerns about the business in the previous 10 months since the restaurant opened and was told there were none.
Yelken’s solicitor Nathaniel Gadsby said that Mr Algun had completed a higher-level licensing qualification after Sussex Police requested the licence review.
Mr Gadsby, of TV Edwards Solicitors, said that there was no suggestion that the breaches had resulted in crime, disorder, a risk to public safety or harm to children.
He said: “This could hardly be described as one of the more serious cases requiring review. Police could have initiated a summary review had they been concerned that Yelken was an urgent and ongoing threat.”
Mr Gadsby said that suspending the licence would mean the end of the business and asked for a “yellow card” warning.
He suggested that councillors could consider requiring Yelken to close during Pride weekend next year.
Mr Algun said that he thought that he could sell alcohol alongside sandwiches – and that allowing people to stand and drink in the restaurant was a “mistake that would not happen again”.
He brought plastic pint glasses for cocktails for Pride weekend following advice from friends as he was concerned about safety.
Councillor Simson asked why he had refused to remove the tables when told by Sussex Police and Mr Algun said that he was not sure how much he was allowed to display.
When she asked if everyone who bought alcohol also had a sandwich, Mr Algun said: “Of course.”
He also said that the photographs submitted as evidence showed only two tables of alcohol and no sandwiches.
Inspector Michelle Palmer-Harris said that police had seen and had footage of people at the venue drinking alcohol without sandwiches.
She said: “My concern is there are a number of untruths that have been maintained through this hearing which is disappointing for me as the licensing inspector. I had hoped for a bit of truthfulness.”
Inspector Palmer-Harris said that there was no “sliding scale” when enforcing licences and asked the panel to revoke Yelken’s licence.
The panel retired to make its decision which should be made public within five working days.
Looks like he used up all his “yellow cards” on the day by repeatedly failing to follow the instructions of the police and licensing officers.
The fact he refused to do what they asked on the day and they were in positions of authority alongside they found further breaches on a follow up visit and there is video footage that he continues to lie about customers eating means he should have it removed .