Meeting documents
Licensing Decisions
Friday, 10th January, 2014
Ali's Takeaway
The Application
Ali's Takeaway, 136 Central Drive, Blackpool has the benefit of a premises licence authorising the provision of late night refreshment 23.00 - 03.00 hours daily.
On 15th November 2013, the licensing service received an application from the Health and Safety department to review this licence on the grounds of crime & disorder and public safety. A copy of the application is attached.
The premises licence holder is Mr Mohammed Saeed Anwar
The Applicant
The application has been submitted by Health and Safety
Relevant Representations
No relevant representations have been received
Local Policy Considerations
None
National Guidance
Where the licensing authority considers that action under its statutory powers are necessary, it may take the following steps:
1. Modify the conditions of the premises licence
2. Exclude a licensable activity
3. Remove the Designated Premises Supervisor (if licence authorises sale of alcohol)
4. Suspend the licence for a period not exceeding three months
5. Revoke the licence.
The following conditions are endorsed on the licence:
1 On the following occasions the terminal hour for closure of the premises and late night refreshment shall be extended by one hour:
a) The Friday to Monday of Easter, May, Spring and August Bank Holiday weekends
b) Christmas Eve, Boxing Day and New Year's Eve
2 The premises are to be equipped with a closed circuit television system, which is appropriate to its purpose and provided and maintained to the satisfaction of the enforcement authorities
3 Risk assessments carried out by or on behalf of the Licence Holder which relate to a licensing objective will be available for inspection by an officer or a Responsible Authority.
4 A clear, legible and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents shall be displayed at every exit.
5 The licensee shall ensure that staff arriving before 0900 or departing late at night when the business has ceased trading conduct themselves in such a manner to avoid disturbances to nearby residents.
6 The premises licence holder will arrange for litter dropped in the vicinity of the licensed premises to be collected and removed at the Licence Holder's expense at a frequency of at least sixty minute intervals during opening hours.
7 For the purpose of conditions above the 'collection and removal of litter' should be taken to include the washing away to the gutter of spilled food and similar materials so as to leave the footway in a clean, safe and wholesome condition.
8 The Licensee shall ensure that cooking, noxious or persistent smells generated at the premises do not cause nuisance to nearby properties, and that the premises shall be adequately ventilated to the satisfaction of the Head of Environmental Services.
9 The Premises Licence holder shall provide suitable containers for the storage of waste, which are constructed and maintained to prevent the removal of such waste by vandals, thieves, animals, accidental spillage or inclement weather.
10 The collection and disposal of any waste/refuse should not take place externally between the hours of 2200 - 0800.
Background Papers
None
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hutton, in the Chair Councillors Cox and Elmes
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Mr L Beattie, Clerk to the meeting- Democratic Services
Mrs S Davies, Principal Solictor- Licensing
Applicant/Applicant's Representative(s) in attendance
Mr M Marshall and Mr G Shaw, Health and Safety
Representors
Mrt M Anwar, Licence Holder
Other Parties
None
Time permitted to speak
Having considered the written representation it was agreed to allow a period of twenty minutes for all parties
Time Hearing Commenced
11:00 AM
Time Hearing Terminated
11:40 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered all the evidence submitted by both the Licence Holder and the Health and Safety department.
It took very seriously the issue of the tampering with gas and electrical meters and the risk of this activity to the Licence Holder, his staff and the general public.
It concluded that Mr Anwar was in charge of the premises and was the only person who would benefit from the tampering.
It agreed that the only course of action it could take to ensure the public safety was to revoke the licence.
PANEL DECISION
That the Premises Licence for Ali's Takeaway, 136 Central Drive, be revoked.
The Application
Ali's Takeaway, 136 Central Drive, Blackpool has the benefit of a premises licence authorising the provision of late night refreshment 23.00 - 03.00 hours daily.
On 15th November 2013, the licensing service received an application from the Health and Safety department to review this licence on the grounds of crime & disorder and public safety. A copy of the application is attached.
The premises licence holder is Mr Mohammed Saeed Anwar
The Applicant
The application has been submitted by Health and Safety
Relevant Representations
No relevant representations have been received
Local Policy Considerations
None
National Guidance
Where the licensing authority considers that action under its statutory powers are necessary, it may take the following steps:
1. Modify the conditions of the premises licence
2. Exclude a licensable activity
3. Remove the Designated Premises Supervisor (if licence authorises sale of alcohol)
4. Suspend the licence for a period not exceeding three months
5. Revoke the licence.
Observations
The following conditions are endorsed on the licence:
1 On the following occasions the terminal hour for closure of the premises and late night refreshment shall be extended by one hour:
a) The Friday to Monday of Easter, May, Spring and August Bank Holiday weekends
b) Christmas Eve, Boxing Day and New Year's Eve
2 The premises are to be equipped with a closed circuit television system, which is appropriate to its purpose and provided and maintained to the satisfaction of the enforcement authorities
3 Risk assessments carried out by or on behalf of the Licence Holder which relate to a licensing objective will be available for inspection by an officer or a Responsible Authority.
4 A clear, legible and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents shall be displayed at every exit.
5 The licensee shall ensure that staff arriving before 0900 or departing late at night when the business has ceased trading conduct themselves in such a manner to avoid disturbances to nearby residents.
6 The premises licence holder will arrange for litter dropped in the vicinity of the licensed premises to be collected and removed at the Licence Holder's expense at a frequency of at least sixty minute intervals during opening hours.
7 For the purpose of conditions above the 'collection and removal of litter' should be taken to include the washing away to the gutter of spilled food and similar materials so as to leave the footway in a clean, safe and wholesome condition.
8 The Licensee shall ensure that cooking, noxious or persistent smells generated at the premises do not cause nuisance to nearby properties, and that the premises shall be adequately ventilated to the satisfaction of the Head of Environmental Services.
9 The Premises Licence holder shall provide suitable containers for the storage of waste, which are constructed and maintained to prevent the removal of such waste by vandals, thieves, animals, accidental spillage or inclement weather.
10 The collection and disposal of any waste/refuse should not take place externally between the hours of 2200 - 0800.
Background Papers
None
Determination
Members are requested to determine the application
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hutton, in the Chair Councillors Cox and Elmes
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Mr L Beattie, Clerk to the meeting- Democratic Services
Mrs S Davies, Principal Solictor- Licensing
Applicant/Applicant's Representative(s) in attendance
Mr M Marshall and Mr G Shaw, Health and Safety
Representors
Mrt M Anwar, Licence Holder
Other Parties
None
Time permitted to speak
Having considered the written representation it was agreed to allow a period of twenty minutes for all parties
Time Hearing Commenced
11:00 AM
Time Hearing Terminated
11:40 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered all the evidence submitted by both the Licence Holder and the Health and Safety department.
It took very seriously the issue of the tampering with gas and electrical meters and the risk of this activity to the Licence Holder, his staff and the general public.
It concluded that Mr Anwar was in charge of the premises and was the only person who would benefit from the tampering.
It agreed that the only course of action it could take to ensure the public safety was to revoke the licence.
PANEL DECISION
That the Premises Licence for Ali's Takeaway, 136 Central Drive, be revoked.
