Minutes of a meeting held on 2nd October, 2012.
Present: Councillors K. Hatton, Ms. R.F. Probert and J.W. Thomas.
Also present: Responsible Authorities - Licensing Officer, Environmental Health Officer, Trading Standards Officer and South Wales Police Authority.
The Democratic and Scrutiny Officer explained the procedure for the hearing and advised that copies had been attached to the agenda, with further copies being available at the meeting if required.
(a) Appointment of Chairman -
Councillor J.W. Thomas was elected Chairman for the duration of the hearing.
(b) Declarations of Interest -
No declarations were received.
(c) Licensing Act 2003 – Application for Premises Licence – Romeo Pizza, 13 Vere Street, Barry -
Mr. Kumar (representing the Applicant)
Mr. A. Hussaini (Applicant).
The Licensing Officer, in presenting the report to the Sub-Committee, advised that a licence was currently held by Mr. Hussaini to allow the provision of Late Night Refreshment at the premises between the hours of 23:00 and midnight, Monday to Saturday.
The application being considered requested permission for the Sale of Alcohol between 16:00 and midnight, Monday to Saturday and 16:00 and 23:00 on Sundays, and for the provision of Late Night Refreshment between 23:00 and midnight, Monday to Saturday. The Sub-Committee were requested to note that the Applicant had confirmed that the timings given as “11.00 a.m.” on the application form should read “11.00 p.m.”.
Representations to the application had been received from:
South Wales Police
Six representations received from Interested Parties.
These representations were attached to the report.
Mr. Kumar responded to the representations received as follows:
South Wales Police and Trading Standards – the conditions suggested by these bodies were agreed by Mr. Hussaini
Environmental Health – the conditions suggested by the Environmental Health were agreed by Mr. Hussaini
Other – correspondence suggesting that the granting of the licence would add alcohol to an area which had no such establishments was untrue. There were several such establishments in the area, including the Barry Docks Social Club. Furthermore, Romeo Pizza was a takeaway business and, as such, alcohol would not be sold for consumption on the premises.
Representations from Mr. P. Pearn stating that the area was well served by drinks sellers. Mr. Kumar stated that, whilst that was true, Mr. Hussaini was a law abiding citizen who would abide by any conditions imposed by the Sub-Committee in the conduct of his business. Mr. Hussaini was aware that any licence granted by the Sub-Committee could be revoked.
Mr. Patterson’s main objection was because of the difficulties he had experienced in letting his properties as a result of alcohol fuelled anti social behaviour in the area. Mr. Kumar advised that, to refuse the application would not stop the anti social behaviour that occurred in the area.
Mr. Kumar added that there were many establishments in the area. A refusal of the application would not prevent the anti social behaviour that was already being experienced.
In view of ambiguities in the name of the Applicant as contained on the Premises Licence Application Form and the name of the person contained on the Personal Licence produced by Mr. Hussaini, the Police Representative asked if he could view Mr. Hussaini’s passport.
Having examined Mr. Hussaini’s passport, the Police Representative stated that he was satisfied as to Mr. Hussaini’s identity.
The Police Representative sought clarification of the hours requested for the sale of alcohol, and it was confirmed that the requested hours were between 16:00 and midnight, Monday – Saturday and 16:00 and 23:00 on Sunday.
The Police Representative advised that the area around Vere Street was characterised by anti social behaviour, with some 37 incidents having been recorded in recent months. Any sale of alcohol from this premises would create a further dynamic which could impact on the residents.
The conditions suggested would tackle the challenges that the grant of the Licence would bring.
The Representative of Trading Standards sought clarification that the conditions proposed by Trading Standards, and itemised in Appendix D to the report had been accepted by the Applicant. Mr. Kumar confirmed that this was the case.
Mr.Pearn (Interested Party) stated that he lived in Liddicoat Court and that he supported everything that Trading Standards and the Police had said. There was an over-proliferation of takeaways and licensed premises in the area. The anti social behaviour encountered in the area was mainly caused by the under-20 year olds. Mr. Pearn said that he felt the Challenge 21 scheme could be used more effectively.
The Trading Standards representative sought an assurance that the service available from Romeo Pizza would not include a delivery service.
Mr. Kumar confirmed that the premises would be used only as a takeaway.
Mr. Payne (Interested Party) asked if he could speak on behalf of some of the residents of the area. Mr. Payne spoke of the noise and pollution that existed in the area. The tenants living above his shop regularly complained to him about the noise coming from Romeo Pizza, and noise from people hanging around in the street. Mr. Payne alleged that customers visited Romeo Pizza after the official closing time.
The Chairman advised Mr. Payne that his allegation needed to be taken up elsewhere.
Mr. Payne added that this showed that the Applicant would not keep to the conditions of the Licence.
The Chairman enquired if there had been any reported instances of breaches of the Licence and was advised that there had been a complaint in 2010 for the premises trading after 11.00 p.m. This was prior to the grant of the late night refreshment licence being granted.
The Chairman advised Mr. Payne to report any breaches of the licence by Romeo Pizza to the appropriate place.
The Chairman asked the Interested Parties if they were opposed to the application, or would they wish the application to be granted, with conditions.
Mr. Payne stated that he was opposed to the grant of the licence. Mr. Payne also referred to the rubbish being left outside the premises.
The Chairman stated that this was a waste management issue.
Mr. Payne stated that his representations concerned the opening times of the establishment and the anti social behaviour begin encountered in the neighbourhood.
The Chairman reminded Mr. Payne that the application before the Sub-Committee would not extend the hours of trading. The application was for the selling of alcohol. Mr. Payne enquired how Romeo Pizza would pursue ID checks when pizzas were being delivered with alcohol. Mr. Hussaini interjected that he would not be delivering alcohol.
The Licensing Representative stated that she had noticed that the Applicant had applied for the supply of alcohol for consumption both on the premises and off the premises (question M.) and enquired if this was the case.
Mr. Kumar confirmed that the application was for “off” sales only.
In summing up, Mr. Kumar requested the Sub-Committee to grant the application together with the conditions requested by the Interested Parties.
Councillor Hatton, in referring to the staffing of the premises enquired how the Applicant would deal with the Challenge 25 scheme and was advised that there would be two suitably qualified door supervisors on duty as requested, and they would be employed from an Agency.
There being no further questions, Members of the Sub-Committee retired to consider the matter in private.
Having considered the application and representations by the police, Environmental Health Department, Trading Standards, Interested Parties and having considered the Home Office Guidance, the objectives of the Licensing Act 2003 and the Council’s Statement of the Licensing Policy, the Sub-Committee
RESOLVED – T H A T the Application as applied for be granted, but subject to the conditions:
(1) Sale of Alcohol
16:00 to 00:00 (Midnight) Monday to Saturday
16:00 – 23:00 Sunday
In respect of off sales only.
(2) Late Night Refreshment
23:00 – 00:00 (Midnight) Monday to Saturday
No licence is required for Sunday as premises close at 23:00.
(3) The conditions set out in the Applicant’s operating schedule as corrected at the meeting.
(4) Mandatory Conditions
(i) That no supply of alcohol is to be made under the Premises Licence:
(a) At a time when there is no designated premises supervisor in respect of the Premises
(b) when the designated premises supervisor does not hold a personal licence or his
personal licence is suspended.
(ii) Every supply of alcohol under the Premises Licence to be made or authorised by a person who
holds a personal licence.
(5) In addition, the condition agreed with South Wales Police, Trading Standards and Environmental Health.
(6) The conditions agreed with South Wales Police and Trading Standards only apply to the sale of alcohol and therefore must be put in place before the premises can sell alcohol. The SIA door staff must be in addition to the staff in condition 4 as per the e-mail of South Wales Police of 24th August 2012.
Reason for decision
The Sub-Committee have decided to grant with variations the application taking into account the following:
The Sub-Committee took into account the concerns of the local residents but felt that with the conditions imposed and agreed by the Applicant, good management should ensure that there was no increase in anti social behaviour in the area.
The Sub-Committee also took on board the concerns that there were already a number of premises selling alcohol in the area, it was not able to refuse this licence on those grounds as the Vale of Glamorgan Council did not have a Cumulative Impact Policy.