Agenda and minutes

There were no apologies for absence.

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 deal with at item 7 below).

The Committee agreed to the submission of a late item of urgent business, for consideration under agenda item 7.

A member with a personal interest in a matter who attends a meeting of the authority at which the matter is considered must disclose to that meeting the existence and nature of that interest at he commencement of that consideration, or when the interest becomes apparent.

A member with a personal interest in a matter also has a prejudicial interest in that matter if the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the member’s judgement of the public interest and if this interest affects their financial position or the financial position of a person or body as described in paragraph 8 of the Code of Conduct and/or if it relates to the determining of any approval, consent, licence, permission or registration in relation to them or any person or body described in paragraph 8 of the Code of Conduct.

There were no declarations of interest.

To approve the minutes of the previous meeting of the Licensing Sub Committee A held on 4 December 2008.

RESOLVED

That the minutes of the meeting of the 4^th December 2009 be approved and signed by the Chair.

The Chair will explain the procedure that the Committee will follow for the hearing considered under the Licensing Act 2003 or Gambling Act 2005.  A copy of the procedure is attached.

Noted.

To consider an application to allow the provision of late night refreshment at the above premises.

The Licensing Officer, Ms Barrett, reported on an application for a new premises licence at Zam’s Fried Chicken, for the provision of late night refreshment. No representations had been made by the responsible authorities, and one letter of representation had been submitted by a local resident, expressing concern regarding the issues of litter and increased disturbance.

The applicant’s representative explained that the premises was for take away only, and that the only seating provision for customers was one or two stools. Referring to the representation made by a local resident, he stated that there was no proof that the litter mentioned was caused by Zam’s Fried Chicken, but that the applicant would be prepared to accept conditions on the licence that would mitigate the concerns regarding litter, including the installation of a litter bin, and signs requesting customers to use the bins and to leave the premises quietly.

In response to questions from the Committee, the applicant’s representative confirmed that the applicant would be prepared to install a digital CCTV system, and that installation would be with the agreement of the police.

RESOLVED

That the Licensing Sub Committee decided to grant the application as requested, subject to the following additional conditions:

1. That a digital CCTV system be installed at the premises. The system should be capable of recording for  28 days and should be able to take digital images of people entering the premises. The recordings must be made available to Police officers and the Local Authority on request.

2. Signs shall be displayed at the exit, reminding customers to leave quietly.

1. A bin shall be provided within the customer area for the use of customers.

2. Signs shall be displayed, reminding customers to use the bins provided.

The Committee has taken into account the representation by the objector, and particularly her point on litter and her concern regarding customers eating in their cars with engines running, resulting in more nuisance in the area. The Committee felt that the conditions imposed would be sufficient to address the concerns raised.

To consider any new items of admitted under item 2 above.

The Licensing Officer, Ms Barrett, reported on an application for a new premises licence at Present Time restaurant for the supply of alcohol, provision of late night refreshment and provision of regulated entertainment in the form of recorded music. Representations had been submitted by the Police, and the Noise Team and local residents had submitted objections to the application on the grounds of noise nuisance.

Derek Pearce, Enforcement Officer, presented the Noise Team representation, and expressed serious concerns relating to the application and in particular the application to permit recorded music at the premises. Mr Pearce reported that the premises had in the past operated more as a venue for loud music entertainment than a restaurant, and expressed concerns regarding the suitability of the premises for the playing of recorded music due to the lack of sound-proofing, and the late operating hours applied for. Mr Pearce reported on previous complaints made to the Noise Team relating to the premises, and gave details of abatement notices that had been served on the premises. The representation from the Noise Team included some suggested conditions, but Mr Pearce emphasised that the Noise Team strongly objected to the recorded music element of the application.

In response to questions from the Committee, Mr Pearce confirmed that complaints had been received regarding the premises when it had been operating without a licence, and reported that, following checks, there was no evidence that the applicant had a long term interest in the premises.

 The applicant addressed the Committee and reported that, since he had become involved with the premises, there had been only a single noise complaint, since which time he had always complied with any requests for music at the premises to be turned down. The applicant reported that the premises would operate as a restaurant, not a venue for music and dancing, that there would be no loud music played and that CCTV and doormen would be used to ensure that there was no disturbance. The applicant noted that some of the complaints received were from residents who did not live close to the premises, and that the noise being reported was not always from this particular premises.

In response to questions from the Committee, the applicant reported that he had an arrangement in place to take the lease on the premises over from the current leaseholder, but that this was conditional on him being granted a licence. The applicant also reported that he had already demonstrated commitment to the premises by undertaking a refurbishment, and stated that he would be willing to invest in any works necessary at the premises if the licence were granted. In response to questions from the Committee regarding whether the applicant was aware that the premises had been operating without a licence, the applicant responded that he had been informed by the previous manager of the premises that a licence was in place, but had not verified this separately and now realised that this was something that he should  ...  view the full minutes text for item 7.