01a App A2 KR Further submission

For decision · This went to the meeting on Wed 9 Sep 2026. What was decided is in that meeting's minutes.

The person this document identifies as Shish's Designated Premises Supervisor (DPS) was interviewed under caution about breaches of licence conditions at Shish and another premises, admitted the breaches, and accepted a caution for carrying on unauthorised licensable activity under section 136 of the Licensing Act 2003. p6p22

Sussex Police reported seeing Shish trading after 23:00 hours on 24 and 25 July, while the premises licence was suspended for non-payment of the annual fee; the outstanding fee was paid only after a reminder was sent on 28 July. p7

The submission states that a licence condition requiring two door supervisors on duty on Thursdays, Fridays and Saturdays from 22:30 has been breached on numerous occasions, as no door supervisors were seen on visits or on CCTV footage. p14p15

Two applications to transfer the premises licence and change the Designated Premises Supervisor were not accepted, as required documents were missing, and the submission says the person who took control of the licence holder company in May 2026 could not be contacted and has not been given a copy of the review application. p16p18p19

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• p6On Tuesday the 21 st of June, PS Elrick and Snr Licensing Officer Kirstie Rolfe, interviewed Mr Ergun at Hastings Police Station under caution in relation to the breaching of his premises licence conditions at Grand Pera and Shish. Mr Ergun was legally represented, and his rights according to Law were followed. Mr Ergun admitted to the breaches of licence permissions and conditions. Mr Ergun took full responsibility and therefore was offered, and accepted, a caution for the offences under S136 of the Licensing Act 2003 - Carry on unauthorised licensable activity.
• p7On 28th July, we were made aware from Sussex Police Licensing officers that they had witnessed Shish operating beyond 2300hrs on Friday 24 th July and Saturday 25 th July. We checked to see if payment for the outstanding annual fee had been paid, and confirmed with Licensing Officer Worth that no payment had been received. Mr Ergun was emailed at 09:54hrs to remind him his annual fee was still outstanding. The email contained the suspension letter that had been sent on the 14th July. Mr Ergun informed us at 11:49 that he had now made payment. This evidences that Shish continued to operate after 2300hrs on Friday and Saturday night with out a premises licence. Mr Ergun was more than aware of the licence suspension but continued to operate regardless, even after accepting a caution only a few days before.
• p14Kind regards, Mustafa Ergun We responded asking what time Shish closed to which Mr Ergun advised approximatley 1200hrs. The condition to have 2x SIA states they should be on duty Thursday, Friday and Saturday from 22:30hrs.
• p15Mr Ergun has been asked which Security provider he uses but he has never been able to provide details, stating he changes who he uses. No SIA officers have been seen when visits have been made. No SIA officers were seen on the CCTV footage viewed. This is a breach of the licence condition. We believe the SIA condition has been breached on numerous occasions.
• p16The premises licence holder is in the name of HAPPY HEALTH LIFE LIMITED. We checked companies house to see if the company was still active. We noticed that Mr Ergin ceased being the director for the company on May 19th 2026. Mr Anthony Nickols became the active person on 19th May 2026. Hastings Borough Council Licensing have never been made aware of this change. We have no contact details for Mr Nickols and have therefore not been able to provide him with a copy of the review application.
• p18On 28th July we received two applications from a licensing agent to transfer the premises licence and also vary the DPS for Shish. The applications were rejected for being incomplete. The proof of ID and rights to work in the UK were not provided for the proposed PLH and DPS and there was no signed consent form from the current PLH.
• p19Under the Licensing Act, the existing licence holder must sign a consent form agreeing to a transfer. If the current licence holder cannot be contacted, the applicant must provide a detailed written explanation outlining all the reasonable steps they have taken to try and find them. This has not been provided. We have concerns as the licence holder appears to be untraceable.
• p22The Licensing agent updated us on 6th August that he was still waiting for the required missing material and will re send the applications when they have been obtained. Mr Ergun still remains the DPS.