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Licensing Decisions
Friday, 10th January, 2014

Dino's

The Application

Dino's, 30 Ansdell Road, Blackpool has the benefit of a premises licence authorising the provision of late night refreshment 23.00 - 00.00 (Sunday -Thursday), 23.00 - 01.00 (Friday-Saturday)

On the 19th November 2013, the licensing service received an application to review this premises licence from Health and Safety on the grounds of crime and disorder and public safety. A copy of the application is attached.

At the time the review application was submitted, the licence holder was Shahir Salih Amin. On 26th November 2013, the licence service received an application to transfer the licence to Rafat Kamal.

The Applicant

The application was 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 No entertainment of an adult nature will take place on the premises.

2 Any external light source associated with the premises shall not cause a nuisance or disturbance to any property within close proximity.

3 The area outside the premises is checked for litter and cleaned on a regular basis.

4 The premises will be equipped with a closed circuit television system installed and maintained to the satisfaction of the Chief Constable. All cameras shall continually record whilst the premises are in operation and the video recordings shall be kept available for a minimum of 28 days with accurate time and date markings. Tape recordings shall be made immediately available to an authorised officer of the council or a police officer.

5 The premises shall have installed a wall-mounted screen, no smaller than 32", mounted in a prominent position within the premises, so that patrons can view live-recorded CCTV footage.

6 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 the customers to leave the premises and the area quietly so as to minimise disturbance to nearby residents.

7 There shall be displayed on the premises notice(s) to warn members of the public visiting the premises of the incidence of crime, which may affect them. The notice(s) shall be displayed in a position where it is clearly visible to members of the public.

8 Any outbreak of fire of any kind shall be reported to the Fire Service immediately and a written record shall be made in a logbook kept for that purpose.

9 There shall be maintained on the premises at all times an adequate and appropriate supply of first aid equipment and materials.

10 No nuisance shall be caused by noise coming from the premises or by vibration transmitted through the structure of the premises.

11 Where there are any offensive smells created on the premises, provision shall be made for such smells to be vented from the premises so that they do not cause a nuisance to nearby premises.

12 There shall be provided at the premises containers for the storage and disposal of waste foods and other refuse from the premises. Those containers shall be constructed, maintained and located so that access to them by vermin and unauthorised persons is prevented and arrangements shall be made for the regular lawful disposal of their contents.

13 Where the premises provide food for consumption off the premises, the public area immediately surrounding the premises shall be cleared of waste food, food containers, wrapping etc. at the end of trading on each day. Such refuse shall be placed in a container designed for the storage and disposal of refuse and waste foods which shall be constructed, maintained and located so that access to it by vermin and unauthorised persons is prevented and arrangements shall be made for the regular lawful disposal of their contents.

14 No person under the age of 12 shall be permitted on the premises between the hours of 23:00 and closing time.

15 A high counter will be installed which will prevent access to cooking areas.

The following is noted on the licensing system from 26th November 2013 - "Both existing and new PL holders came to the desk. Also had a copy of the review application with them - didn't understand what it meant. Explained it was on health and safety and crime and disorder grounds due to the electricity meter being tampered with. They denied it had been tampered with. Told them they need to speak to Gareth Shaw for more info as he submitted the review."

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

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, Licensing Enforcemeny
Mr G Shaw, Health and Safety
Representors

Mr R Kamal, Premises 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

1:00 PM
Time Hearing Terminated

1:40 PM
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 Kamal 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 condition

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.

PANEL DECISION

That the action in respect of the Premises Licence for Dino's be that a condition 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.