Agenda, decisions and minutes

Licensing Act 2003 Sub-Committee - Friday 13th December, 2013 1.00 pm

Venue: Council Chamber - Town Hall

Contact: Gemma George; Senior Governance Officer

Items

No.

Item

Apologies for Absence

Declarations of Interest

At this point Members must declare whether they have a disclosable pecuniary interest, or other interest, in any of the items on the agenda, unless it is already entered in the register of members’ interests or is a “pending notification “ that has been disclosed to the Solicitor to the Council.

Members must also declare if they are subject to their party group whip in relation to any items under consideration.

Application for a Variation for Peterborough International Food Centre – 314/316 Lincoln Road PDF 94 KB

Additional documents:

App B Peterborough International Food - Sub Committee Hearing 131213 , item 3. PDF 5 MB

Decision:

DECISION NOTICE - LICENSING ACT 2003 SUB-COMMITTEE

VARIATION OF THE PREMISES LICENCE – PETERBOROUGH INTERNATIONAL FOOD CENTRE, 314-316 LINCOLN ROAD, PETERBOROUGH, PE1 2ND

13 DECEMBER 2013

This Decision Notice refers to the variation of the premises licence for the premises known as Peterborough International Food Centre, 314-316 Lincoln Road, Peterborough, PE1 2ND.

We have considered the representations made today before us and those in writing. These representations were concerned with the licensing objectives of:

The prevention of crime and disorder;
Public safety; and
Prevention of public nuisance.

The premises lies within an area designated under a special policy therefore there is a rebuttable presumption not to grant the variation. To be successful, the applicant would need to demonstrate that they had sufficiently addressed the issues within the designated area detailed in the policy, in their operating schedule.

We have been addressed on such issues as an increase in noise and waste pollution and public health associated with alcohol misuse.

We have considered the options available to us, which are:

to vary the licence in the same terms as it was applied for;
to grant or vary the variation as applied for with or without conditions; and
to refuse the variation.

We noted that the applicant was willing to reduce the hours of opening for the days in question and reduce the two hour increase, as applied for, by one hour.

We have been referred to our own licensing policy incorporating the special policy and the government guidance at paragraphs 13.29 and 13.35.

In introducing a special policy the licensing authority recognises that the designated area is saturated with such premises.

We do not believe that the operating schedule has addressed the issues within the special policy sufficiently enough to rebut the presumption not to grant, even with the proposed conditions and reduced hours of opening.

Our decision is therefore to refuse this application to vary the premises licence, at the premises known as Peterborough International Food Centre, 314-316 Lincoln Road, Peterborough, PE1 2ND.

Any party in objection to the decision may appeal to the Peterborough Magistrates Court within 21 days of receiving this formal notice at:

Peterborough Court House, Bridge Street, Peterborough, PE1 1ED. Tel No. 0845 3100575. There is a fee to pay.

Councillor Paula Thacker

Sub-Committee Chairman

Minutes:

Meeting of the Licensing Act 2003 Sub-Committee

held at the Town Hall, Peterborough on Friday, 13 December 2013

RECORD OF DECISION

1. Apologies for Absence		Apologies for absence was received from Councillor Davidson, Councillor Miners was in attendance.
2. Declarations of Interest		There were no declarations of interest.
3. Application		Variation of Premises Licence – Peterborough International Food Centre – 314/316 Lincoln Road, PE1 2ND.
3.1	Application Reference	MAU 068221
3.2	Sub-Committee Members	Councillor (Chairman) Thacker Councillor Serluca Councillor Miners
3.3	Officers	Darren Dolby , Regulatory Officer – Licensing Colin Miles, Lawyer – Legal Advisor to the Sub-Committee Karen S Dunleavy, Governance Officer – Clerk to the Sub-Committee
3.4	Applicant	Ismail Akdogan
3.5	Nature of Application	Application Type Variation Summary of Variation Application In accordance with section 51 of the Licensing Act 2003, following the submission of an application to vary the premises licence for Peterborough International Food Centre, 314/316 Lincoln Road, from Mr Ismail Akdogan, a Responsible Authority, the licensing authority was required to hold a hearing. The application to vary the premises licence, submitted by Mr Akdogan, was received on 16 October 2013. The variation application in summary included: To increase the hours authorised to sell alcohol from 8am until 2am. The premises was currently authorised to sell alcohol Sunday to Thursday 8am to Midnight and 8am until 2am on Fridays and Saturdays; To add the condition – ‘8 CCTV cameras would be in place and be visible from behind the counter’; To add the condition – ‘ five fire alarms and fire exits would be in place’’; To add the condition - ‘Rubbish to be removed’; and To add the condition – ‘The Challenge 25 age policy and a refusal book will be in place’. A representation against the variation application had been received from Cambridgeshire Constabulary, the Interim Director of Public Health, NHS Peterborough, the Planning Department and the Noise Pollution Team as Responsible Authorities. No other representations had been received from any of the remaining Responsible Authorities. A summary of the issues raised within the representations included: An increase in litter in the area; An increase in anti-social behaviour in the area; and Negative impact on the principles of the ‘Operation CAN-Do’ initiative and the Cumulative Impact Area.
3.6	Licensing Objective(s) under which representations were made	3.7 1. The Prevention of Crime and Disorder; 3.8 2. The Protection of Public Safety; and 3.9 3. The Prevention of Public Nuisance.
3.7	Parties/Representatives and witnesses present	Applicant / Responsible Authority Mr Langford B Smith, who presented the case on behalf of Mr Ismail Akdogan. Responsible Authorities PC Grahame Robinson, who was present on behalf of Cambridgeshire Constabulary. David Martschenko, who was present on behalf of Noise Pollution Control Team. Licensee / Representative Mr Langford B Smith was in attendance on behalf of Mr Akdogan. Other Persons Mr Brian Gascoyne was in attendance as Other Persons.
3.8	Oral representations	The Regulatory Officer addressed the Sub-Committee and outlined the main points with regards to the application. ... view the full minutes text for item 3.