Content

 
The decision of the Committee is to refuse the
application.
 
The Committee in reaching its decision has
taken into account:
 
· 
The evidence before it both written and oral
 
· 
The relevant parts of the Council’s Statement of Licensing
Policy
 
· 
The relevant parts of the Guidance issued by the Secretary of
State
 
Committee’s reasoning and findings
are:
 
 
Committee were advised that the application is
for a restaurant which Mr Kass submitted it has had planning
permission for since 2018.  The
applicant has signed a lease to occupy the premises on 13 March
2025.  Mr Kass accepted that the
previous tenant had received letters regarding planning
infringements but submitted that this application, if granted will
not cause any issues.  He stated that
conditions have been agreed with Northumbria Police, Public Health
and the Licensing Authority and the applicant is committed to
working with the Responsible Authorities.  The applicant will not serve alcohol to those
causing anti social behaviour or drunks and alcohol will only be
supplied as  an ancillary to food
which will be a main course.  The
business would not, in the submission of Mr Kass, be viable without
the ability to sell alcohol.
Ms Wallis on behalf of Environmental Health
explained that the design of the building and its location meant
that if operated as applied for the premises will inevitably cause
nuisance in the form of odour for neighbouring
premises.  She stated that previous
business had been unable to survive due to issues of smell and the
nuisance complaints that had been made to her department.
 
Ms Wallis stated that she has met with the
applicant and has given substantial advice both verbally and in
writing regarding the issues from both a licensing and planning
position.  There are significant
problems regarding the extraction system which cannot in the
opinion of Ms Wallis be resolved adequately to prevent there being
a potential for statutory nuisance from cooking. As the sale or
supply of alcohol has been conditioned to be ancillary to the food
offering a grant of this application will inevitably undermine the
licensing objective of public nuisance.
 
Members were referred to photographs provided
by Ms Wallis which showed the termination point of the flue and its
proximity to other dwellings.
 
 
Members were persuaded by the evidence
provided by Ms Wallis that if granted the application would
undoubtedly cause issues of odour from the cooking due to the
design of the premises.  The intrinsic
link of alcohol to the cooking meant that the licensing objection
of public nuisance would be undermined. 
They accepted that the applicant was willing to work with the
Responsible Authorities and had indeed agreed many onerous
conditions which had resulted in other representations being
withdrawn, however Members were not satisfied that any condition
could be applied that would assuage the concerns of Ms
Wallis.  Accordingly Members determined
to refuse the application.
 
Right of Appeal
 
There is a right of appeal against this
decision to Newcastle Magistrates Court.  An appeal must be commenced within 21 days
beginning with the day on which you receive written notification of
the decision.