Meeting documents
Licensing Decisions
Friday, 14th February, 2014
Bella Pizza (previously Known as Nelson's Chip Shop)
The Application
Bella Pizza (previously Known as Nelson's Chip Shop) , 89 Dickson Road Blackpool has the benefit of a premises licence authorising the provision of late night refreshment until 01.00 hours Sunday-Thursday and 03.00 hours Friday-Saturday.
On 13th November 2013, the licensing service received an application to review the licence on the grounds of crime & disorder and public safety. A copy of the application is attached.
At the time the review was submitted the licence holder was Nasser Mahdavi. The licence was surrendered by Mr Mahdavi on 26th November 2013 as he had not had the business since February 2013.
When a licence is surrendered there is a 28day period where it can be re-instated. On 13th December 2013, the licensing service received an application to transfer the licence to Waseem Haleem.
The Applicant
The review was submitted by health and safety
Relevant Representations
No relevant representations were 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 is currently subject to the following conditions:
1 A tamper proof CCTV system shall be installed at the premises in liaison with and to the satisfaction of Lancashire Constabulary and shall be used to record during all hours that a licensable activity takes place on the premises.
2 A CCTV camera shall be installed at the locations marked, "CCTV CAMERA" on the plan of the premises.
3 Where CCTV equipment is fitted, it shall be maintained in good working order in accordance with the manufacturer's instructions.
4 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.
5 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.
6 There shall be maintained on the premises at all times an adequate and appropriate supply of first aid equipment and materials.
7 No nuisance shall be caused by noise coming from the premises or by vibration transmitted through the structure of the premises.
8 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.
9 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.
10 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.
11 No person under the age of 12 shall be permitted on the premises between the hours of 2300 and 0100 Sunday to Thursday and between 2300 and 0300 Friday to Saturday.
12 A high counter is to be installed which will prevent access to cooking areas.
13 Noise from any Mechanical Ventilation or Refrigeration Plant shall be inaudible within the nearest sensitive properties or, at the discretion of the Local Authority, shall not exceed some other pre-agreed limit, which does not cause unreasonable disturbance to the residents of these properties or their guests.
14 The volume of any recorded music shall not be played at a level that predominates over other activities within the premises and in turn, shall not cause a nuisance or disturbance to any property within close proximity.
15 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.
16 The collection and disposal of bottles and refuse should not take place externally between the hours of 2200 - 0800.
17 Any external light source associated with the premises shall not cause a nuisance or disturbance to any property within close proximity.
18 A hard wired interlinked detection system will be provided linking the shop, preparation area and the flat above by means of heat and smoke detectors incorporating audible warning devices on the ground floor and the first floor flat.
19 The licence holder will provide a self closing 30 minute fire door incorporating intumescent strip and smoke seal and 30 minute fire resisting partition to the door and surrounding partition leading from the rear preparation area to the flat entrance on the ground floor.
Background Papers
None
Determination
Members are requested to determine the review
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Elmes, in the Chair Councillors M Mitchell and Ryan
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Miss V Cartmell, Solicitor
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
Mr J M Taylor, Electricity North West (Witness for Health and Safety)
Representors
Mr W Haleem, Licence Holder
Other Parties
None
Time permitted to speak
Having considered the written representations, it was agreed to allow a period of fifteen 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, 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 period that the electricity was abstracted, the current Licence Holder was connected to 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 Bella Pizza be revoked.
The Application
Bella Pizza (previously Known as Nelson's Chip Shop) , 89 Dickson Road Blackpool has the benefit of a premises licence authorising the provision of late night refreshment until 01.00 hours Sunday-Thursday and 03.00 hours Friday-Saturday.
On 13th November 2013, the licensing service received an application to review the licence on the grounds of crime & disorder and public safety. A copy of the application is attached.
At the time the review was submitted the licence holder was Nasser Mahdavi. The licence was surrendered by Mr Mahdavi on 26th November 2013 as he had not had the business since February 2013.
When a licence is surrendered there is a 28day period where it can be re-instated. On 13th December 2013, the licensing service received an application to transfer the licence to Waseem Haleem.
The Applicant
The review was submitted by health and safety
Relevant Representations
No relevant representations were 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 is currently subject to the following conditions:
1 A tamper proof CCTV system shall be installed at the premises in liaison with and to the satisfaction of Lancashire Constabulary and shall be used to record during all hours that a licensable activity takes place on the premises.
2 A CCTV camera shall be installed at the locations marked, "CCTV CAMERA" on the plan of the premises.
3 Where CCTV equipment is fitted, it shall be maintained in good working order in accordance with the manufacturer's instructions.
4 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.
5 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.
6 There shall be maintained on the premises at all times an adequate and appropriate supply of first aid equipment and materials.
7 No nuisance shall be caused by noise coming from the premises or by vibration transmitted through the structure of the premises.
8 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.
9 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.
10 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.
11 No person under the age of 12 shall be permitted on the premises between the hours of 2300 and 0100 Sunday to Thursday and between 2300 and 0300 Friday to Saturday.
12 A high counter is to be installed which will prevent access to cooking areas.
13 Noise from any Mechanical Ventilation or Refrigeration Plant shall be inaudible within the nearest sensitive properties or, at the discretion of the Local Authority, shall not exceed some other pre-agreed limit, which does not cause unreasonable disturbance to the residents of these properties or their guests.
14 The volume of any recorded music shall not be played at a level that predominates over other activities within the premises and in turn, shall not cause a nuisance or disturbance to any property within close proximity.
15 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.
16 The collection and disposal of bottles and refuse should not take place externally between the hours of 2200 - 0800.
17 Any external light source associated with the premises shall not cause a nuisance or disturbance to any property within close proximity.
18 A hard wired interlinked detection system will be provided linking the shop, preparation area and the flat above by means of heat and smoke detectors incorporating audible warning devices on the ground floor and the first floor flat.
19 The licence holder will provide a self closing 30 minute fire door incorporating intumescent strip and smoke seal and 30 minute fire resisting partition to the door and surrounding partition leading from the rear preparation area to the flat entrance on the ground floor.
Background Papers
None
Determination
Members are requested to determine the review
Record of Hearing
In accordance with the Licensing Act 2003
Panel Members
Councillor Elmes, in the Chair Councillors M Mitchell and Ryan
Declarations of Interests
There were no declarations of interest on this occasion.
Panel Advisers
Miss V Cartmell, Solicitor
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
Mr J M Taylor, Electricity North West (Witness for Health and Safety)
Representors
Mr W Haleem, Licence Holder
Other Parties
None
Time permitted to speak
Having considered the written representations, it was agreed to allow a period of fifteen 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, 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 period that the electricity was abstracted, the current Licence Holder was connected to 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 Bella Pizza be revoked.
