Meeting documents
Licensing Decisions
Friday, 10th January, 2014
Kais Kebabish
The Application
Kais Kebabish, 116A Central Drive, Blackpool has the benefit of a premises licence authorising the provision of late night refreshment 23.00 - 03.00 hours daily.
On 13th November 2013 the Licensing Service received an application to review the premises licence on the grounds of crime & disorder and public safety. A copy of the application is attached.
The licence holder is Mr Ahmed Jan
The Applicant
The review 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 licence has the following conditions endorsed on the licence:
1 The premises are to be equipped with a closed circuit television system, which is appropriate to its provided and maintained to the satisfaction of the enforcement Authorities.
2 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.
3 A clear, legible and conspicuous notice requesting the patrons to avoid causing noise, nuisance or disturbance to local residents shall be displayed at every exit.
4 Frequent collection of all litter dropped within the vicinity of the licensed premise to be collected and removed at the licence holder's expense at a frequency of not less than sixty minute intervals during opening hours. This includes washing away to the gutter any spilled food.
5 For the purposes 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.
6 The licensee shall ensure that any staff arriving before 09.00 hours or departing late at night when the business has ceased trading conduct themselves in such a manner to avoid disturbances to nearby residents.
7 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.
8 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.
9 The placing of refuse, such as bottles, into receptacles outside the premises shall take place after 23.00 hours so as to prevent disturbance to nearby premises.
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 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 Solicitor- Licensing
Applicant/Applicant's Representative(s) in attendance
Mr M Marshall and Mr G Shaw, Health and Safety
Representors
Mr A Hameed, 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
10:35 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the evidence submitted by all parties as regards the review of Premises Licence.
It noted that Mr Hameed was the new Premises Licence Holder and had not been involved in the premises when the tampering with the electrical supply had taken place.
It nevertheless considered that this was a serious issue and it was concerned that this should not be allowed to happen in the future.
It agreed to add the following conditions
1. That at all times access to the electrical and gas installation including the meter cupboards by authorised officers should be possible and if such installation was secured by a lock, the key be available on the premises.
2. That at all times records of inspection and upkeep of the electrical and gas installation be kept on the premises and available for inspection by an authorised officer.
PANEL DECISION
That the action in respect of the Premises Licence for Kais Kebabish be that conditions be added to the licence as outlined and a warning be placed on file that in the event of future issues the licence may be suspended or revoked.
The Application
Kais Kebabish, 116A Central Drive, Blackpool has the benefit of a premises licence authorising the provision of late night refreshment 23.00 - 03.00 hours daily.
On 13th November 2013 the Licensing Service received an application to review the premises licence on the grounds of crime & disorder and public safety. A copy of the application is attached.
The licence holder is Mr Ahmed Jan
The Applicant
The review 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 licence has the following conditions endorsed on the licence:
1 The premises are to be equipped with a closed circuit television system, which is appropriate to its provided and maintained to the satisfaction of the enforcement Authorities.
2 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.
3 A clear, legible and conspicuous notice requesting the patrons to avoid causing noise, nuisance or disturbance to local residents shall be displayed at every exit.
4 Frequent collection of all litter dropped within the vicinity of the licensed premise to be collected and removed at the licence holder's expense at a frequency of not less than sixty minute intervals during opening hours. This includes washing away to the gutter any spilled food.
5 For the purposes 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.
6 The licensee shall ensure that any staff arriving before 09.00 hours or departing late at night when the business has ceased trading conduct themselves in such a manner to avoid disturbances to nearby residents.
7 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.
8 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.
9 The placing of refuse, such as bottles, into receptacles outside the premises shall take place after 23.00 hours so as to prevent disturbance to nearby premises.
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 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 Solicitor- Licensing
Applicant/Applicant's Representative(s) in attendance
Mr M Marshall and Mr G Shaw, Health and Safety
Representors
Mr A Hameed, 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
10:35 AM
PANEL'S REASONS FOR REACHING ITS DECISION
The Panel considered the evidence submitted by all parties as regards the review of Premises Licence.
It noted that Mr Hameed was the new Premises Licence Holder and had not been involved in the premises when the tampering with the electrical supply had taken place.
It nevertheless considered that this was a serious issue and it was concerned that this should not be allowed to happen in the future.
It agreed to add the following conditions
1. That at all times access to the electrical and gas installation including the meter cupboards by authorised officers should be possible and if such installation was secured by a lock, the key be available on the premises.
2. That at all times records of inspection and upkeep of the electrical and gas installation be kept on the premises and available for inspection by an authorised officer.
PANEL DECISION
That the action in respect of the Premises Licence for Kais Kebabish be that conditions be added to the licence as outlined and a warning be placed on file that in the event of future issues the licence may be suspended or revoked.
