Agenda item

Report of the Head of Community and Customer Services.

This report asks the Licensing Sub-Committee to consider an application to vary a premises licence following the receipt of representations.

The Sub-Committee received a report from the Head of Community and Customer Services setting out details of an application to vary the premises licence at the above premises and also of the representations received.

                   The Chair outlined to the Applicant how the hearing would be conducted.

                   The Licensing Officer explained that changes had now been made to the application and that revised conditions had been agreed with the applicant.  He drew the Sub-Committee’s attention to a paper documenting these conditions that was presented to the Members.  He explained that in light of these amendments the Police, the Licensing Authority and Environmental Health withdrew their representations.  The Environmental Health Officer confirmed this to be the case in respect of Environmental Health.

                   The Licensing Officer further explained that Peter Young, on behalf of the Central Town Residents’ Association, had also verbally agreed to withdraw its representations in the light of the changes to the conditions.  There were no other objections.  The Licensing Officer then drew the Sub-Committee’s attention to a slight change to the plan originally submitted with the application in that the reference to the lobby door had been removed.  He concluded by asking that the Sub-Committee consider granting the application.

                   The Chair requested that the Sub-Committee should read the revised conditions put before them.  The Licensing officer confirmed that these had been prepared in consultation with the Applicant.  The revised conditions presented to the sub-Committee were as follows:

                        Hours

Conditions

1.      A minimum of 1 SIA licensed door supervisor shall be on duty at the premises on Fridays and Saturdays from 23:00 until 02:00 the following morning.

2.      On Mondays to Saturdays, the provision of late night refreshment which is available to take-away from the premises shall only be permitted between 23:00 and 00:30. On Sundays, the provision of late night refreshment which is available to take-away from the premises shall only be permitted between 23:00 and 00:00. Customers who have purchased late night refreshment to take-away must vacate the premises 15 minutes after the end of take-away service hours as permitted by this condition.

3.      Loudspeakers, or any other sound amplification equipment, shall not be located in the entrance lobby or installed externally to the premises.

4.      No rubbish, including bottles, shall be moved, removed or placed in any external area between 23:00 and 07:00 on any day.

5.      Deliveries to the premises shall not take place before 07:00 or after 23:00 on Monday to Saturday, and not before 08:00 or after 22:00 on Sunday.

6.      All litter, including food debris, which is associated with the use of the premises shall be cleared from within a 15 metre radius of the shop front at the close of business every day. All such rubbish to be disposed of as trade waste.

7.      No music from the premises shall be audible outside the boundary of the premises between the hours of 22:00 and when the premises closes on any day.

8.      All customers who order food to take-away between 23:00 and 00:30 (the following day) on Mondays and Saturdays, and between 23:00 and 00:00 on Sundays, shall be asked if they require a bag for their food, and serviettes, and shall only be provided if required by the customer.

9.      Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and leave the area quietly, and to dispose of their waste responsibly.

                   The Chair asked in the interests of avoiding any doubt that the application was also to remove the sale of alcohol from the licence.  The Licensing Officer confirmed this to be the case, adding that the application was also to change the layout of the premises and to vary the hours of opening.  It was only in relation to the latter matter that representations had initially been received.

                   The Chair asked what food would be sold inside the premises during the period from when take-away provision had ended to when the premises closed (1230-0200 Monday to Saturday and 1200-0100 on Sundays).  Mr Ordek explained that the same Turkish menu would be available to customers.

                   The Chair made reference to the revised plan and asked where the waste bins would be located and whether access to the rear would be required to empty them. Both the Applicant and Mr Ordek explained that the bins were stored inside the premises at the rear in a separate room next to the ‘chiller’.  They stated that when required to be emptied, the bins were taken through the fire exit and down the side of the premises to the street where they were emptied.  This would take place between 1000 and 1100 in the morning.

                   In response to further questions from the Chair and Councillor Connal, the Applicant and Mr Ordek explained that the bins were only left on the street for a few minutes as they were not put out until they had received a call from the refuse collection company (with whom they had a contract) informing them that they were about 10 minutes away from the premises.  The Chair complimented the Applicant on this approach, commenting it would help maintain the high standards in the High Street.

                   The Chair asked if the Sub-Committee members had any more questions.  Councillor Connal asked whether the premises carried out home deliveries of meals.  Mr Ordek said that they did not.

                   The Chair asked if there were any further questions from the officers present; there were none.

                   The Chair then announced the Sub-Committee’s decision.

                   RESOLVED

On the basis that the statutory authorities, interested parties and representatives had withdrawn all of their representations, and on the basis of the revised application and agreed conditions; the Sub-Committee approves this application.   

                   In reaching this decision the Sub-Committee has taken into account the provisions of the Licensing Act 2003, the Secretary of State’s Guidance of June 2014 and the Council’s Statement of Licensing Policy 2013 – 2018. 

                                                                                                            Chair

                                                                                                            Licensing Sub-Committee

The meeting started at 11.20 a.m. and finished at 11.40 a.m.