Meeting documents
Licensing Decisions
Friday, 24th January, 2014
Southsea Chinese Takeaway
The Application
The Southsea Chinese Takeaway, 519 Lytham Road Blackpool has the benefit of a premises licence authorising the provision of late night refreshment Sunday-Wednesday 23.00 - 00.30, Thursday-Saturday 23.00 - 01.00
On 5th December 2013, the Licensing Service received an application to review the premises licence on the grounds of crime and disorder and public safety. A copy of the application is attached at Appendix 4a.
The licence holder at the time the review was submitted was Miss Xue Jin Lin. On 9th December 2013, the licence was transferred to Mrs Yinhu Fan
The Applicant
The review was submitted by Health and Safety
Relevant Representations
Representations have been submitted by the new licence holder, Mrs Yinhu Fan attached at Appendix 4b.
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 currently endorsed on the licence:
Annex 2 - Conditions consistent with the Operating Schedule
1 Before extending the hours of opening the applicant shall employ the services of a reputable sound consultant to undertake a noise assessment of the air conditioning and ventilation systems for the property. A copy of this report shall be made available to Environmental Protection for their comments and approval. Any sound attenuation works shall be carried out in accordance with the noise assessment and to the satisfaction of the Environmental Services Division.
2 There shall be no audible noise or perceptible vibration through the fabric of the building or structure to any habitable part of any adjoining property. (Habitable part means any part of the building or outdoor space, in substantial use at the time of the entertainment and does not include bathrooms, toilets, corridors or access lobbies).
3 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.
4 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 not less than sixty minute intervals during opening hours.
5 For the purpose of the condition 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.
6 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.
7 Prominent, clear and legible notices shall be displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.
8 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.
9 The collection and disposal of any waste / refuse should not take place externally between the hours of 2100 - 0800.
10 Any external light source associated with the premises shall not cause a nuisance or disturbance to any property within close proximity.
Background Papers
None
Determination
Members are requested to determine the review
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hutton, in the Chair Councillors Elmes and M Mitchell
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Mrs S Davies, Principal Solicitor- Licensing
Mr L Beattie, Clerk to the meeting- Democratic Services
Applicant/Applicant's Representative(s) in attendance
Mr M Marshall and Mr G Shaw, Health and Safety
Representors
Mr and Mrs Fan, Licence Holders
Mr Lu, Licence Holder's representative
Other Parties
None
Time permitted to speak
Having considered the written representations made, it was agreed to allow a period of twenty minutes for all parties.
Time Hearing Commenced
1:00 PM
Time Hearing Terminated
1:45 PM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the evidence submitted by all parties, the Council's Statement of Licensing Policy and the Secretary of State.
The Panel considered carefully the evidence submitted by the Licence Holder but were not satisfied that during the premises that the electricity was abstracted, the Licence Holder was not responsible for the operation of the premises.
The Panel considered that given the severe Health and Safety issues outlined, the only way to ensure the promotion of the Licensing Objective of Public Safety was to revoke the Premises Licence.
PANEL DECISION
That the premises licence for South Sea Chinese, 519 Lytham Road be revoked.
The Application
The Southsea Chinese Takeaway, 519 Lytham Road Blackpool has the benefit of a premises licence authorising the provision of late night refreshment Sunday-Wednesday 23.00 - 00.30, Thursday-Saturday 23.00 - 01.00
On 5th December 2013, the Licensing Service received an application to review the premises licence on the grounds of crime and disorder and public safety. A copy of the application is attached at Appendix 4a.
The licence holder at the time the review was submitted was Miss Xue Jin Lin. On 9th December 2013, the licence was transferred to Mrs Yinhu Fan
The Applicant
The review was submitted by Health and Safety
Relevant Representations
Representations have been submitted by the new licence holder, Mrs Yinhu Fan attached at Appendix 4b.
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 currently endorsed on the licence:
Annex 2 - Conditions consistent with the Operating Schedule
1 Before extending the hours of opening the applicant shall employ the services of a reputable sound consultant to undertake a noise assessment of the air conditioning and ventilation systems for the property. A copy of this report shall be made available to Environmental Protection for their comments and approval. Any sound attenuation works shall be carried out in accordance with the noise assessment and to the satisfaction of the Environmental Services Division.
2 There shall be no audible noise or perceptible vibration through the fabric of the building or structure to any habitable part of any adjoining property. (Habitable part means any part of the building or outdoor space, in substantial use at the time of the entertainment and does not include bathrooms, toilets, corridors or access lobbies).
3 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.
4 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 not less than sixty minute intervals during opening hours.
5 For the purpose of the condition 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.
6 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.
7 Prominent, clear and legible notices shall be displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.
8 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.
9 The collection and disposal of any waste / refuse should not take place externally between the hours of 2100 - 0800.
10 Any external light source associated with the premises shall not cause a nuisance or disturbance to any property within close proximity.
Background Papers
None
Determination
Members are requested to determine the review
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Hutton, in the Chair Councillors Elmes and M Mitchell
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Mrs S Davies, Principal Solicitor- Licensing
Mr L Beattie, Clerk to the meeting- Democratic Services
Applicant/Applicant's Representative(s) in attendance
Mr M Marshall and Mr G Shaw, Health and Safety
Representors
Mr and Mrs Fan, Licence Holders
Mr Lu, Licence Holder's representative
Other Parties
None
Time permitted to speak
Having considered the written representations made, it was agreed to allow a period of twenty minutes for all parties.
Time Hearing Commenced
1:00 PM
Time Hearing Terminated
1:45 PM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the evidence submitted by all parties, the Council's Statement of Licensing Policy and the Secretary of State.
The Panel considered carefully the evidence submitted by the Licence Holder but were not satisfied that during the premises that the electricity was abstracted, the Licence Holder was not responsible for the operation of the premises.
The Panel considered that given the severe Health and Safety issues outlined, the only way to ensure the promotion of the Licensing Objective of Public Safety was to revoke the Premises Licence.
PANEL DECISION
That the premises licence for South Sea Chinese, 519 Lytham Road be revoked.
