Agenda and minutes

Please note this meeting may be filmed or recorded by the Council for live or subsequent broadcast via the Council’s internet site or by anyone attending the meeting using any communication method.  Members of the public participating in the meeting (e.g. making deputations, asking questions, making oral protests) should be aware that they are likely to be filmed, recorded or reported on.  By entering the ‘meeting room’, you are consenting to being filmed and to the possible use of those images and sound recordings.

The Chair of the meeting has the discretion to terminate or suspend filming or recording, if in his or her opinion continuation of the filming, recording or reporting would disrupt or prejudice the proceedings, infringe the rights of any individual, or may lead to the breach of a legal obligation by the Council.

The Chair referred to the filming of meetings and this information was noted.  

To receive any apologies for absence.

No apologies were received.

The Chair will consider the admission of any late items of Urgent Business. (Late items will be considered under the agenda item where they appear. New items will be dealt with under item 7 below).

There was no urgent business.  

There were no declarations of interest.  

The Sub-Committee will first hear from the Licensing Officer.  After that, the applicant will present their application and the Sub-Committee and objectors will have the opportunity to ask questions. Then, the objectors will present their case and the Sub-Committee and objectors will have the opportunity to ask questions. 

All parties will then have the opportunity to sum up, and then the meeting will conclude to allow the Sub-Committee to deliberate and reach a decision. This decision will then be provided in writing within five working days of this meeting.

The Chair provided a summary of the procedure for the meeting.  

To consider an application for a review of a premises licence.

Presentation by the Licensing Officer

Ms Daliah Barrett, Licensing Team Leader, informed the Sub-Committee that:

·      The review application had been submitted by the Noise and Nuisance team.

·      The basis of the review of the premises was the prevention of crime and disorder, public safety and the prevention of public nuisance.

·      The application raised concerns about the use of a shisha lounge area which was causing a nuisance to members of the public and non-compliance with the licence conditions. There was also concern that the shisha smoking area had not complied with the Health Act and Council officers had been prevented or delayed from accessing the premises. 

·      The premises was authorised to provide regulated entertainment, late night refreshment and the supply of alcohol.

·      The premises’ main activity was the provision of shisha that took place at the rear of the premises.

·      The premises had the condition relating to the external area at the rear being closed and cleared of patrons by 21:00.

·      There were documents and footage that had been submitted relating to the entertainment provided under Section 177A of the Licensing Act. Under the review application, the Sub-Committee’s discretion was engaged on the matter.

·      Shisha smoking was not a licensable activity, but the area that the activity was being carried out was in a licensed area.

·      The premises, as Rakkas, was first licensed in March 2012, it was varied in 2014. In 2016, there was a review application submitted and this related to noise and nuisance. That licence was later revoked by the Sub-Committee. This was then followed up in February 2021.

·      The premises currently operated as a restaurant as offered regulated entertainment and late-night refreshment.

In response to questions, Ms Daliah Barrett informed the Sub-Committee that:

·      The report had stated that the main activity of the premises was shisha smoking and this had been based on observation.

Presentation by the applicant

Ms Jennifer Barrett, Noise and Nuisance Officer (representing the review applicant), informed the Sub-Committee that:

·      The Noise and Nuisance team had investigated complaints made regarding the operations undertaken at the premises.

·      The Council had received 21 complaints since March 2022 regarding noise. In response, the Nosie and Nuisance team had attended the premises and made observations at street level regarding public nuisance. Observations had also been made in relation to the rear area and the use of the rear area as a shisha area.

·      The premises had been visited on occasions and a review had been applied for as there had been an observed number of breaches of the licence, especially the external area which had been used routinely after 21:00. There had also been recent breaches of the Health Act whereby the rear area was enclosed at a time that shisha was offered to patrons. Complaints had also been received from residents.

·      Efforts had been made to mediate with the DPS at the time. The operators had said they were unclear of what was required of them regarding the use of the rear area.

·      Noise and  ...  view the full minutes text for item 6.

To consider any items of urgent business as identified at item 3.

There were none.