Agenda item

a. APPLICATION AND REPRESENTATIONS SUBMITTED. To consider the attached report

b. DETERMINATION OF THE APPLICATION FOR THE REVIEW OF A PREMISES LICENCE- KEBAB HOUSE, FOXHALL ROAD

c. ANNOUNCEMENT OF THE DECISION FOR THE APPLICATION FOR THE REVIEW OF A PREMISES LICENCE- KEBAB HOUSE, FOXHALL ROAD

The Licensing Panel considered an application for the review of a Premises Licence in respect of Kebab House, 54 Foxhall Road. The application for review had been submitted by Lancashire Constabulary on the grounds of prevention of crime and disorder and protection of children from harm.

Sergeant Helen Parkinson was in attendance on behalf of Lancashire Constabulary and made representations to the Licensing Panel. She highlighted that the reason behind the submission of the review had been the conviction of the then Licence Holder, Mr Kashif Gul of serious sexual offences and that the Police therefore had serious concerns about the continued operation of the premises. She then outlined that since the submission of the review application the premises had been transferred to Mr Tariq Jan and that this transfer had much reduced the concerns of the Police. The Police were satisfied that there was no connection between Mr Jan and Mr Gul and that given Mr Jan’s track record in other nearby similar premises that the review could be dealt with by the addition of conditions to the licence.

Mr Tariq Jan, new Licence Holder was in attendance and made representations. He highlighted that he had no connection with the previous Licence Holder and that he also ran another late night refreshment premises nearby. He confirmed his agreement to the conditions to be added to the licence. In response to questions Mr Jan confirmed that he would be spending a large proportion of the time at this premises and that the previous Licence Holder was currently in prison but would have no access to the premises once released.

The Child Protection Licensing was not in attendance and their written representations were noted by the Panel.

The Licensing Panel considered carefully the evidence submitted by all parties.

It noted that the premises had a new operator who had no connection to the previous operator.

The Panel therefore agreed to deal with the review by adding conditions to the Premises Licence.

The Panel  then highlighted to Mr Jan, the need to adhere to the conditions and the implications of not following them

Resolved:

That the application for the review of the Premises Licence of Kebab House, 54 Foxhall Road be dealt with by adding the following conditions to the Premises Licence:

1          CCTV, which complies with the following criteria, will be installed at the premises.

a)    The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. 

b)    The system shall display on any recording the correct time and date of the recording;

c)    The system shall be recording during all hours the premises are open to the public;

d)    VCR tapes or digital recording shall be held for a minimum of 28 days after the recording is made and will be made available to the Police for inspection upon request.   

e)    The system shall, as a minimum, record images of the head and shoulders of all persons entering the premises. 

f)     A staff member who is conversant with the operation of the CCTV system will be on the premises at all times that the premises are open to the public. This staff member will be able to show police, or any officer acting for a Responsible Authority, recent data or footage with the absolute minimum of delay when requested.

2          The licence holder shall notify the Police Licensing Unit on any occasion when the CCTV is to be inoperative for a period in excess of one working day and shall provide a certificate from a competent person stating the reason for the system being inoperative and the measures which have been taken to satisfy the licence conditions.

3          Appropriate signage alerting customers to CCTV recording shall be displayed in conspicuous positions on the premises.

4          The premises 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.

5          There will be no boxing machines in operation in the premises.

6          Mr Kashif Gul born 11/01/1977 will not be allowed on the premises and have nothing to do with the running of the business

7          No persons under the age of 18 will be allowed on the premises after 23:00 hours

8          A clear, legible and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents shall be displayed at every exit.

9          Frequent collection of all litter dropped within the vicinity of the licensed premises to be collected and removed at the licence holder's expense at a frequency of not less than 60 minute intervals during opening hours. This includes washing away to the gutter any spilled food.

10        The collection and disposal of any waste / refuse should not take place externally between the hours of 2200 - 0800.

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

12        The licensee shall ensure that staff arriving before 0900 hours or departing late at night when the business has ceased trading conduct themselves in such a manner to avoid disturbance to nearby residents

13        The premises licence holder shall provide suitable containers for the storage of waste, which are constructed and maintained to prevent the removal of such waste by vandals, thieves, animals, accidental spillage or inclement weather.