Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: October 1, 2024

Purpose:

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.