Star Kebabs, High Street, Bangor
To consider the above application
Minutes:
On behalf of the premises: Mr Mehmet
Kabadayi and his son Emre Kabadayi
Others invited: Mr
Ian Williams (Anglesey and Gwynedd Licensing Co-ordinator, North Wales Police)
PC2430 Dana Baxter
a)
The report and
recommendation of the Licensing Department.
Submitted – the
report of the Licensing Manager giving details of the application to change the
conditions of a licence in relation to door supervisors agreed by this
Committee following a review of the licence in 2012 by North Wales Police. It was explained that the premises was
licensed to sell late night refreshments, seven days a week, and currently this
was conditional to having door supervisors, who were registered with the
Security Industry Authority, present at the premises from 23.00 on Thursday,
Friday and Saturday evenings until the premises closed, as well as on the
Sunday evening before any Monday bank holiday.
It was noted that Licensing Authority officers had sufficient evidence
that the application had been submitted in accordance with the requirements of
the Licensing Act 2003 and the relevant regulations.
Reference was made
to the measures recommended by the applicant to promote the licensing
objectives along with the responses received during the consultation period.
It was noted that
following the consultation period, a response had been received from North
Wales Police. The Police did not object to the proposal to employ door
supervisors from midnight onwards on weekends and on the Sunday evening prior
to a Bank Holiday. However, the Police
did not support the intention of the premises to open for an additional half an
hour on a Thursday evening.
It was highlighted that the applicant had not given details of the need
to have an additional half an hour on a Thursday evening on the application
form.
In considering the
application, the following procedure was followed:
· Members of the
Sub-committee and the applicant were given the opportunity to ask questions of
the Licensing Manager.
· The applicant was
invited to expand on the application.
· Consultees were given an opportunity to present their observations
· The licensee, or
his representative, was invited to respond to the observations.
· Members of the
Sub-committee were given an opportunity to ask questions of the licensee.
· Members of the
Sub-committee were given an opportunity to ask questions of the consultees.
b) Elaborating on the application, the
applicant confirmed that the application for an extension in the hours of late
night refreshment on a Thursday evening was an error. Although he had sought to vary the opening
hours on a Wednesday evening to 3:30am, the Chair highlighted that this was not
a matter for discussion and if he needed to amend the licence hours then a new
application would have to be submitted.
In the context of
door supervisors, he explained that door supervisors were not required on a
Thursday evening as the premises closed at midnight.
c) Taking advantage of his right to speak,
an officer from the Police confirmed that he did not object to reducing the
door supervisors' hours on a Thursday evening.
He highlighted that there had been problems in the past where sufficient
evidence was submitted to justify a review of the premises licence with
additional conditions in relation to CCTV and door supervisors. In submitting their application for a review,
the Police had evidence of 18 cases of crime and disorder associated with the
premises late at night. It was noted
that in September 2012 the Police had prosecuted the licence holder for
operating beyond the licensed activity hours.
It was
highlighted, in an application from the applicant to vary the licence in March
2013, that the Police had noted that the additional conditions, in relation to
CCTV and door supervisors, had been extremely effective and ensured that the
premises complied with the Licensing Objectives, although recently the
applicant had failed to share evidence from the CCTV system. It was explained that there were problems
with downloading data and it was stressed that the applicant's responsibility
was to provide information at the request of the Police or Licensing
Officers. It was highlighted clearly in
the licence's conditions that pictures had to be stored for at least 31 days.
ch) In
considering the application, the Licensing Officer's report was considered, in
addition to the application form, the written comments that came to hand from
the interested parties, and the verbal comments presented by all parties
present at the hearing. The Sub-committee also considered the Council's
Licensing Policy, Home Office guidance and the principles of the Licensing Act
2003.
·
Crime and Disorder
·
Public
Safety
·
Preventing
Public Nuisance
·
Protection
of Children from Harm
RESOLVED to
approve the application for a variation as amended.
The licence was varied
as follows:
1.
The
premises will not be required to provide a door supervisor registered with the
Security Industry Authority (SIA) on a Thursday.
2.
The
premises will provide a door supervisor registered with the Security Industry Authority
(SIA) from 00:00 until closing time on a Friday and Saturday evening, as well
as a Sunday evening before a Bank Holiday.
Specific consideration
was given to the following matters.
There were three
sections to the applicant's original application form:
1.
Extension of time in relation to the provision of late
night refreshments on a Thursday evening to 03:30.
2.
Variation in order that the premises will not be required
to provide a door supervisor registered with the Security Industry Authority
(SIA) on a Thursday.
3.
Variation in order that there is the provision of a door
supervisor registered with the Security Industry Authority (SIA) on Friday and
Saturday evenings and on a Sunday evening before a Bank Holiday.
At
the hearing the applicant confirmed that the application for an extension in
the hours of late night refreshment on a Thursday evening was an error. In the circumstances, this section of the
application was withdrawn and the Sub-committee did not give it any further
consideration. However, it was also
highlighted that the Sub-committee could not have considered this section of
the application or any application to extend the hours under an application for
a variation under section 35 of the Licensing Act 2003, as such an application
would be unlawful under section 36(3) of the said Act.
As a result of the
explanation that there was no application to extend the hours on a Thursday,
and as a result of confirmation from the Police that there was no objection to
the remainder of the application, the Sub-committee was satisfied that the
application was in keeping with the licensing objectives.
Supporting documents: