The Director of Law, HR and Asset Management reported upon an application that had been received from Hajr Hasan for a Premises Licence in respect of Smilers Pizza, 22 Mount Pleasant Road, New Brighton, under the provisions of the Licensing Act 2003.

The application for the grant of a Premises Licence was for the following hours:

Late Night Refreshment

Sunday to Saturday  23:00 to 02:00

Hours Open to the Public

Sunday to Saturday  15:00 to 02:00

The applicant was required to submit an operating schedule setting out how they would conduct/manage their business in accordance with the four licensing objectives.  A copy of the full application was available.  Members were advised that the proposals set out in the operating schedule may become conditions of the licence should the licence be granted.

Five representations had been received from local residents in respect of the application.  The representations related to noise nuisance emanating from the premises, particularly from the extractor fan at the premises and from staff of the premises whilst making deliveries.  The representations also related to nuisance from smells coming from the premises.  Copies of the representations were available.

A representation had also been received from Ward Councillor, Pat Hackett who supported the concerns expressed by local residents.  A copy of the representation was available.

Mr Ahmed, an associate of the applicant attended the meeting together with Mr Brennan, the owner of the premises, to outline the application.

Mrs Barnes, Mrs Edwards, Mrs Roberts and Mr Powell, local residents, were also in attendance.

The Licensing Manager confirmed that all documentation had been sent and received and that Mr Brennan wished to submit some photographs.  The local residents agreed to the photographs being submitted and they were therefore taken into consideration by the Sub-Committee.

Mr Brennan reported that he wished to amend the hours applied for as follows:

Late Night Refreshment

Sunday to Saturday  23:00 to 00:00

Hours Open to the Public

Sunday to Saturday  15:00 to 00:00

Mr Brennan reported that he owned the premises and that it had operated as a fast food business since 1999.  He advised Members that he understood the concerns of local residents and that he had raised these concerns with the manager of the business and had taken steps to address the concerns raised.  He reported that he had contacted Environmental Health who had visited the premises and advised that the noise had been unacceptable.  He informed Members that the noise had been caused by vibration from the extractor fan and that extra insulation had been installed as an attempt to address this issue.  He advised that a further step could be taken should the noise level remain unacceptable.  He referred to the concerns raised by Mrs Roberts and addressed each one in turn.  With regard to the planning issue of the shed at the back of the premises, he reported that this was a temporary construction to house refrigeration units.  He reported upon the issue of waste regarding the bin store and advised that he would make this larger in order to accommodate all bins including residential bins.  He believed that there was no issue with litter in the area and that parking issues were not caused by the premises.  He referred to the environmental concerns regarding an orange gas bottle and reported that this had been left by the previous tenant, however he informed Members that this would be removed within 10 days.  He was of the opinion that as the business was successful they must be meeting a need, that he understood and accepted some concerns of local residents and that he had reduced the hours originally applied for.

Mr Brennan responded to questions from Members of the Sub-Committee and Mr Abraham, Legal Advisor to the Sub-Committee.

Mrs Roberts referred to the bins permanently situated on the pavement which she believed caused an obstruction, she referred to the temporary structure and the gas bottle which was a potential fire hazard.  She raised issues regarding rubbish stored behind the shed which had the potential to attract pests and reported upon a current problem she experienced regarding fruit flies.  She also informed Members that there was a parking issue which in turn caused safety issues.  She noted the hours applied for had been amended by the applicant, however she raised objections to the business as a whole.

Mr Powell supported the objections raised by Mrs Roberts and advised that there were numerous fast food takeaways in the area to meet local demand.

Mrs Edwards also supported the objections raised by Mrs Roberts and was of the opinion that there was no demand from passing trade in the area.

In determining the application the Licensing Act 2003 Sub-Committee had regard to the Licensing Objectives, the Council’s Statement of Licensing Policy and the Relevant Guidance issued under Section 182 of the Licensing Act 2003.

Members noted the amendment made to the application by the applicant to reduce the requested terminal hour by two hours.  Members gave consideration to the representations made by local residents relating to public nuisance that was currently a concern in respect of noise and litter pollution generated by the premises.   

Members also gave consideration to the fact that there were no representations from the Responsible Authorities in particular Environmental Health.

Members noted that a number of the issues raised relating to the trading practices of the premises were the responsibility of other agencies and ongoing enquiries were continuing.  Members took into consideration that some action had been taken to resolve noise issues, for example, noise caused by the existing cooking range fume extract system and that this was still subject to monitoring by Environmental Health.  The Landlord, Mr Brennan, confirmed that the orange canister to the rear of the premises would be removed within the next 10 days.

Members took into account Section 11 of the Guidance in respect of the review mechanism provided by the Licensing Act 2003 when problems associated with the Licensing Objectives occur after the grant of a Premises Licence.

Resolved -

(1)  That in accordance with Regulation 14(2) of the Licensing Act 2003, the public be excluded from the meeting during consideration of the application.

(2)  That the application for a Premises Licence in respect of Smilers Pizza, 22 Mount Pleasant Road, New Brighton, be granted with the following hours:

Late Night Refreshment

Sunday to Saturday  23:00 to 00:00

Hours Open to the Public

Sunday to Saturday  15:00 to 00:00

(3)  That the following condition be attached to the Premises Licence:

• The Premises Licence Holder or his/her representative must ensure that inspections of the outside area of the premises are undertaken on a daily basis in order that the outside area remains free from general customer debris generated from his/her premises.  A record of these checks must be maintained and available for inspection by an authorised officer.