Agenda and draft minutes

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

Resolved:

That Councillor Hutton be appointed Chairman for the meeting.

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).

There were no declarations of interest on this occasion.

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, and 4(a) 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)

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

To consider an application for a new Premises Licence for the Khan’z Chippy, 28 Lytham Road, Blackpool.

A. Application and representations submitted. To consider the attached report.

B. Determination of the application for a new Premises Licence – Khan’z Chippy.

The Licensing Panel will indicate how the decision is to be communicated to interested parties.

The Licensing Panel considered an application for a new Premises Licence in respect of Khan’z Chippy, 28 Lytham Road. The application sought the provision of Late Night Refreshment between the hours of 2300 and 0300 on all 7 days of the week. The Panel noted that the premises were intended to be open between 1300 and 0300 daily noting that the sale of hot food and drink was only a licensable activity after 2300.

Mr Tariq Jan, Applicant, was in attendance and made representation to the Licensing Panel. Mr Jan explained that he had a high degree of experience in operating similar premises in Blackpool. Mr Jan also emphasised his view that the premises were suitable for this type of licensable activity and that the area’s character was primarily one which serviced the tourist economy so the hours were in line with the nature of that activity. Mr Jan did not accept that his application would lead to increased noise or nuisance in the locality.

In response to questions, Mr Jan explained that the premises would include a seating area with customers able to eat on the premises until the terminal hour for licensable activities.

There were two objectors in attendance, Mr Chris Gallagher and Ms Donna Hampshire. Both made representations to the Licensing Panel. They highlighted concerns about the proposed hours of operation and a potential increase in public nuisance. They both expressed a view that the hours of operation would be excessive for this premises.

The Licensing Panel considered the application, the objections and the Council’s Statement of Licensing Policy along with the Secretary of State’s guidance. The Licensing Panel expressed concern as to the potential disturbance to neighbouring residents. The Licensing Panel noted the licensable hours were from 2300 when potential for anti-social behaviour and noise nuisance would be heightened. The Licensing Panel also expressed concern given the unclear plans and information submitted with the application particularly as regards to the seating inside the premises. The Licensing Panel considered that there was significant risks that the premises would impact on the Licensing Objectives notably public nuisance.

Resolved:

That the application for a Premises Licence in respect of Khan’z Chippy, 28 Lytham Road be refused.