Content

The Licensing Sub-Committee, in considering
this decision from the information presented to them within the
report and at the hearing and having regard to the promotion of the
licensing objectives:
· 
The prevention of crime and disorder
· 
Public safety
· 
Prevention of public nuisance
· 
The protection of children from harm
The application for a premises licence has
been approved in accordance with the Council’s Statement of
Licensing and the proposed conditions set out in paragraph 8.1 of
the report.
 
· 
the premises licence has been granted with the licensable
activities and as set out in the report.
 
And the following additional conditions shall
be added to the premises licence:
 
· 
Signage shall be erected asking customers to refrain from consuming
anything outside of the premises and customers to refrain from
littering the public highway.
 
· 
The Premises Licence Holder shall display the telephone
number/email address of the Designated Premises Supervisor for use
by any Responsible Authority or any person who may wish to make a
complaint during the operation of the licence in a prominent
external location at the premises that is easily accessible to the
public.
 
Reasons for the
decision
 
The application for a premises licence has
been approved as members of the Licensing Sub-Committee were
satisfied that the licensing objectives would not be
undermined. 
 
The Sub-Committee took into consideration the
Environmental Protection Service made representations on the
grounds of Public Nuisance. The Sub-Committee noted that the
Applicant agreed conditions with the Police in advance of the
hearing, and the Police withdrew their representations. The
Sub-Committee noted that no other Responsible Authorities made
representations. 
 
The Sub-Committee took into consideration that
a local resident made representations on the grounds of the four
licensing objectives.
 
The Sub-Committee took into consideration that
the premises is a small Mexican
restaurant and takeaway, open for lunch four days a week. It has
seating on both ground floor and basement levels. Customers can
order and are served from the ground floor kitchen. The
Sub-Committee took into account that the premises are currently
closed Monday to Wednesday and the application was for the sale of
alcohol both on and off the premises Wednesday to Sunday.
 
The Sub-Committee took into consideration the
representations from the Applicant’s that the premises had
bins, and they could put up signage to prevent litter outside the
shop. The Applicant made representations that they are happy to
have a bin outside the premises. The Sub-Committee noted that
biodegradable packaging is used for foods. The Applicant contended
that they do not use the extractor fan beyond 17:00 each day, and
they have dealt immediately with residents' concerns. 
 
The Sub-Committee decided after hearing from
the parties to grant the premises licence because they felt that
the Applicant demonstrated that they had engaged with local
residents to address their concerns about litter in the alleyway
and at the front of the premises.
 
The Sub-Committee took into consideration that
the premises operate within core hours and the Police and other
Responsible Authorities have raised no concerns. The Sub-Committee
was satisfied that the Applicant would not undermine the licensing
objectives.
 
The Sub-Committee felt that the concerns
raised by the local resident had been addressed.
 
The Sub-Committee took into consideration that
the premises have had four temporary events. The Sub-Committee felt
reassured that the Applicant will get a timer switch on the
extractor fan.
 
Having taken all of the above factors into
consideration the Sub-Committee was satisfied that by granting the
premises licence the licensing objectives would not be
undermined.
 
Public
Informative
 
The Premises Licence Holder is encouraged to
continue working with the local residents and the Responsible
Authorities to deal with any issues arising at the premises and to
prevent noise, litter and public nuisance.
 
The Premises Licence Holder is advised to have
a process in place for extractor fans to prevent noise nuisance and
disturbance to local residents.
 
The Premises Licence holder is further
reminded of the need to operate the premises according to any
current planning permission relating to its use class, conditions
and to regularise the hours as required.
 
It also should be noted for the public record
that the local planning authority should draw no inference or be
bound by this decision with regard to any future planning
application which may be made.