Agenda item

SABS KEBABS, 201 HOYLAKE ROAD, MORETON

Meeting of Licensing Act 2003 Sub-Committee, Thursday, 9th February 2012 10.00 a.m. (Item 103.)

Minutes:

The Director of Law, HR and Asset Management reported upon an application that had been received from Mecnun Kilic for the grant of a Premises Licence in respect of Sabs Kebabs, 201 Hoylake Road, Moreton, 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 Thursday 23:00 to 00:00

Friday and Saturday 23:00 to 01:00

Hours Open to the Public

Sunday to Thursday 14:00 to 00:00

Friday and Saturday 14:00 to 01:00

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.

A representation had been received from the Planning Authority. The Planning Officer had advised that the premises shall only be used as a hot food takeaway and for no other purpose, between the hours of 11.30 am and 11.00 pm Monday to Saturday and 2.00 pm to 11.00 pm Sunday and Bank Holidays.

The Planning Officer had also advised that two planning applications to extend the operating hours of the premises had been submitted which had both been refused on the grounds that an increase in hours of operation would lead to noise and disturbance which they considered would be detrimental to the amenities of local residents.

The applicant attended the meeting together with his Barrister, Mr Smith, to outline the application.

Mr S Williamson, Planning Enforcement Officer, was also in attendance.

The Licensing Manager confirmed that all documentation had been sent and received and circulated street plans to all parties.

Mr Smith informed Members that he believed the application was modest. He referred to the street plan and commented that the area was substantially commercial and that similar premises in the area operated hours in excess of the hours requested for these premises. He referred to the fact that this application had previously been refused but that no representations had currently been received from the Responsible Authorities except the Local Planning Authority. He reported that the applicant had already installed CCTV cameras and non-slip flooring. He believed that should the application be granted there would be no cause for concern as longer hours were permitted at other premises in the area. He informed Members that the applicant and his brother, who worked at the premises, had lived in the area for a number of years and had a regular client base.

Mr Williamson advised Members that he had submitted a representation in respect of these premises due to an ongoing complaint received by the Planning Department that the premises had been operating beyond their permitted hours. He reported that three applications had been made within the past two years to extend the hours which had all been refused. He also believed that the premises caused public nuisance.

Mr Williamson responded to questions from Members of the Sub-Committee.

The Chair confirmed that the application would be considered with regard to the four licensing objectives.

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 Statutory Guidance issued under Section 182 of Licensing Act 2003.

Members of the Sub-Committee heard no evidence that these premises had undermined any of the licensing objectives.

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 Sabs Kebabs, 201 Hoylake Road, Moreton be granted with the following hours: