Meeting documents
Licensing Decisions
Friday, 21st February, 2014
Cheeky Chicken
The Application
Cheeky Chicken, 20 The Strand Blackpool has the benefit of a premises licence authorising the provision of late night refreshment 23.00 - 05.00 hours daily.
On 5th December 2013, the licensing service received an application to review the licence on the grounds of prevention of crime and disorder and public safety. A copy of the application is attached at Appendix 4a.
At the time the application was submitted, the premises licence holder was Mr Adly Hammad. On 16th December 2013, the licence was transferred to Mr Ahmad Rajab.
The review was listed for hearing on the 24th January 2014 but this hearing was deferred to another date due to concerns raised.
The Applicant
Mr Alaa Hammad is now the premises licence holder.
Relevant Representations
No 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 currently attached to the licence:
Annex 1 - Mandatory conditions
Not applicable
Annex 2 - Conditions consistent with the Operating Schedule
1 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.
2 Frequent collection of all litter dropped within the vicinity of the licensed premises to be collected and removed at the licence holder's expense at regular intervals during opening hours. This includes washing away to the gutter any spilled food.
3 The volume of any recorded music shall not be played at a level that predominates over other activities within the premise and in turn, shall not cause a nuisance or disturbance to any property within close proximity.
4 There shall be placed at all exit points from the premises in a place where they can be seen and easily read by the public, clear and legible notices requiring customers to leave the premises and the area quietly so as to minimise disturbance to nearby residents.
5 The Licensee shall ensure that adequate ventilation is provided so as to ensure that cooking, noxious or persistent smells generated at the premises do not cause nuisance to properties within close proximity.
6 The Licensee shall have regard to the Duty of Care on Waste and for that purpose shall provide suitable receptacles for the storage of waste and ensure that these receptacles are constructed and maintained in such a way that they prevent the breaking open of the same and removal of the waste by vandals, thieves, animals, accident or weather.
7 Any external light source associated with the premises shall not cause a nuisance or disturbance to any property within close proximity.
8 At any time the premises are open to the public after 0300, the premises licence holder shall employ one SIA registered door supervisor (such door supervisor may cover this premises and 9 Queen's Square).
Annex 3 - Conditions attached after a hearing by the licensing authority
1 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.
Background Papers
Determination
Members are requested to determine the review
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Wright, in the Chair Councillors Evans and Smith
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 meeting- Democratic Services
Applicant/Applicant's Representative(s) in attendance
Mr M Marshall and Mr G Shaw, Health and Safety
Mr M Taaffe, Electricity North West- Witness for Health and Safety
Representors
Mr A Hamaad, Licence Holder
Other Parties
None
Time permitted to speak
Having considered the written representations it was agreed to allow a period of twenty minutes for all parties.
Time Hearing Commenced
10:00 AM
Time Hearing Terminated
11:35 AM
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 satisfied that during the premises that the electricity was abstracted, the Licence Holder was 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 Cheeky Chicken, 20 The Strand, be revoked.
The Application
Cheeky Chicken, 20 The Strand Blackpool has the benefit of a premises licence authorising the provision of late night refreshment 23.00 - 05.00 hours daily.
On 5th December 2013, the licensing service received an application to review the licence on the grounds of prevention of crime and disorder and public safety. A copy of the application is attached at Appendix 4a.
At the time the application was submitted, the premises licence holder was Mr Adly Hammad. On 16th December 2013, the licence was transferred to Mr Ahmad Rajab.
The review was listed for hearing on the 24th January 2014 but this hearing was deferred to another date due to concerns raised.
The Applicant
Mr Alaa Hammad is now the premises licence holder.
Relevant Representations
No 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 currently attached to the licence:
Annex 1 - Mandatory conditions
Not applicable
Annex 2 - Conditions consistent with the Operating Schedule
1 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.
2 Frequent collection of all litter dropped within the vicinity of the licensed premises to be collected and removed at the licence holder's expense at regular intervals during opening hours. This includes washing away to the gutter any spilled food.
3 The volume of any recorded music shall not be played at a level that predominates over other activities within the premise and in turn, shall not cause a nuisance or disturbance to any property within close proximity.
4 There shall be placed at all exit points from the premises in a place where they can be seen and easily read by the public, clear and legible notices requiring customers to leave the premises and the area quietly so as to minimise disturbance to nearby residents.
5 The Licensee shall ensure that adequate ventilation is provided so as to ensure that cooking, noxious or persistent smells generated at the premises do not cause nuisance to properties within close proximity.
6 The Licensee shall have regard to the Duty of Care on Waste and for that purpose shall provide suitable receptacles for the storage of waste and ensure that these receptacles are constructed and maintained in such a way that they prevent the breaking open of the same and removal of the waste by vandals, thieves, animals, accident or weather.
7 Any external light source associated with the premises shall not cause a nuisance or disturbance to any property within close proximity.
8 At any time the premises are open to the public after 0300, the premises licence holder shall employ one SIA registered door supervisor (such door supervisor may cover this premises and 9 Queen's Square).
Annex 3 - Conditions attached after a hearing by the licensing authority
1 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.
Background Papers
Determination
Members are requested to determine the review
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Wright, in the Chair Councillors Evans and Smith
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 meeting- Democratic Services
Applicant/Applicant's Representative(s) in attendance
Mr M Marshall and Mr G Shaw, Health and Safety
Mr M Taaffe, Electricity North West- Witness for Health and Safety
Representors
Mr A Hamaad, Licence Holder
Other Parties
None
Time permitted to speak
Having considered the written representations it was agreed to allow a period of twenty minutes for all parties.
Time Hearing Commenced
10:00 AM
Time Hearing Terminated
11:35 AM
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 satisfied that during the premises that the electricity was abstracted, the Licence Holder was 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 Cheeky Chicken, 20 The Strand, be revoked.
