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Agenda and draft minutes

Licensing Panel
Tuesday, 10th September, 2019 4.00 pm

Venue: Committee Room A, Town Hall, Blackpool

Contact: Chris Williams  Democratic Governance Adviser

Items
No. Item

1.

APPOINTMENT OF CHAIRMAN

To appoint a Chairman for the meeting.

Minutes:

The Licensing Panel considered the appointment of a Chairman for the meeting.

 

Resolved:

 

That Councillor Hutton be appointed Chairman for the meeting.

2.

DECLARATION OF INTEREST - LICENSING

Members are asked to declare any interests in the items under consideration and in doing so state:-

 

(1) the type of interest concerned

 

(2) the nature of the interest concerned; and

 

(3) whether they have or have not sat on a Planning Committee which has previously considered a planning application in respect of a licensed premises which is also subject to consideration for a premises licence as part of the agenda for this meeting.

 

If any Member requires advice on declarations of interests, they are advised to contact the Head of Democratic Governance in advance of the meeting.

 

(Members are asked to also pay particular attention to the guidance sheet on interests supplied with the agenda).

Minutes:

There were no declarations of interest on this occasion.

3.

PROCEDURE FOR THE MEETING

The Chairman of the Panel will summarise the procedure and announce the equal maximum amount of time for each party to speak for the hearing.

 

A.         Items 1 and 4 (b) will be undertaken in private session by the Panel and not in the Meeting Room.

B.         Items 2, 3, 4(a) and 4(c) will be recommended to the Panel to be held in public.

C.         The Panel may decide to exclude the public from all or part of a hearing where it considers that the public interest in so doing outweighs the public interest in the hearing, or that part of the hearing, taking place in public. (This includes a party and any person assisting or representing a party)

Minutes:

The Chairman explained the procedure for the meeting including that an equal time limit of fifteen minutes had been allocated for all parties.

4.

APPLICATION TO VARY A PREMISES LICENCE - YUMMY KEBAB HOUSE, 74A ST ANNES ROAD pdf icon PDF 215 KB

To consider an application from the Environmental Protection team to vary the premises licence issued in respect of Yummy Kebab House, 74a St Annes Road, FY4 2AS.

Additional documents:

Minutes:

The Panel considered an application to vary the Premises Licence WA0077 issued in respect of Yummy Kebab House, 74a St Annes Road, Blackpool.

 

Mrs Nicola Helm, Environmental Protection Officer, presented the objections of the Local Authority.

 

The Panel noted that the existing licence held by the premises permitted the opening for late night refreshment Monday – Sunday 11pm – 1.30am. The applicant had requested to vary the licence to 5am Monday – Sunday. Mrs Helm advised that Environmental Protection would not be supporting the application due to residential dwellings being next door to the premises, and a likelihood of a nuisance being caused to residents which would prevent them from being able to rest within their own homes during unsociable hours.

 

In addition to this, it was reported that other premises in the locality with late night refreshment licences operated until 2am at the latest. These premises were located at the junction of Waterloo Road, St Annes Road and Central Drive, in an area of commercial premises and in a less densely populated area than Yummy Kebab House. Furthermore, the applicant had not provided evidence within the application about how they intended to meet the Licensing Objective of preventing a public nuisance.

 

Miss Leonie Wilson was in attendance on behalf of the applicant, Yummy Tummy Ltd. and attempted to assuage some of the concerns noted from the Environmental Protection team. With regards to noise and general nuisance that might be caused by extended opening hours, Miss Wilson reassured the Panel and claimed she had contacted many nearby residents to gauge their reaction to the extended opening plans and had met with very little objection. Furthermore, she outlined plans to have shutters at the front of the premises closed after 2am and effectively run the business as a delivery service only after this time and up to 5am as there was less competition at those times generally. In addition, deliveries would be made from the rear of the premises minimising traffic disruption and keeping noise levels in the locality to a minimum. Miss Wilson expressed a desire to work with officers and to accept whatever compromise they thought best to allow both parties to be satisfied.

 

Following questions about CCTV and lighting, Miss Wilson advised that a new, more fit for purpose system that would cover all areas of the premises, both inside and outside, would be installed in the near future and she was willing to take the advice of officers on how best to minimise noise escaping the premises from open doors or from the restaurant’s extraction system.

 

In response to an assertion that the premises had already been advertising its opening hours as being up to 5am on a popular delivery service website, Miss Wilson claimed this was an administrative error and advised that she would ensure this would be amended immediately following the meeting if necessary to reflect the actual opening times agreed by the Panel.

 

The Panel considered the application and representations from both the  ...  view the full minutes text for item 4.