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 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:
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:
AB
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.
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2. Declarations of Interest |
There were no declarations of interest.
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3. Application |
Variation of Premises Licence – Peterborough International Food Centre – 314/316 Lincoln Road, PE1 2ND.
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3.1 |
Application Reference
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MAU 068221 |
3.2 |
Sub-Committee Members |
Councillor (Chairman) Thacker Councillor Serluca Councillor Miners
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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
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3.4 |
Applicant
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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:
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:
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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.
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3.7 |
Parties/Representatives and witnesses present
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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.
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3.8 |
Oral representations
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The Regulatory Officer addressed the Sub-Committee and outlined the main points with regards to the application.
Applicant
Mr Langford B Smith’s addressed the Sub-Committee. The key points raised during his address were as follows:
Responsible Authority – Cambridgeshire Constabulary
PC Graham Robinson addressed the Sub-Committee. The key points raised during his address were as follows:
Other Persons – Brian Gascoyne
Mr Brian Gascoyne addressed the Sub-Committee. The key points raised during his address were as follows:
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3.9 |
Written representations and supplementary material taken into consideration
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Applicant
Consideration was given to the application Mr Ismail Akdogan and attached to the Sub-Committee report.
Responsible Authorities
Consideration was given to the written submissions attached to the Sub-Committee report from Cambridgeshire Constabulary, the Interim Director of Public Health, NHS Peterborough, the Planning Department and the Noise Pollution Team as Responsible Authorities.
Ward Councillor
Consideration was given to the written submission from Councillor Shearman, Ward Councillor for Park Ward
Other Persons
Consideration was given to the written submissions attached to the Sub-Committee report from list other persons.
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3.10 |
Facts/Issues in dispute |
Issue 1
Whether the review application would further support the ‘Prevention of Crime and Disorder’ Licensing Objective.
Issue 2
Whether the review application would further support the ‘Prevention of Public Nuisance’ Licensing Objective.
Issue 3
Whether the review application would further support the ‘Protection of Public Safety’ Licensing Objective.
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3.11 4. Decision |
The Sub-Committee listened to all the evidence put before it and also took into account the contents of the application and all representations and submissions made in relation to it. The Sub-Committee found as follows:-
The premises lay within an area designated under a special policy therefore there was 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.
The Sub-Committee been addressed on such issues as an increase in noise and waste pollution and public health associated with alcohol misuse.
The Committee had considered the options available to it, which were:
It was 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.
The Sub-Committee had been referred to the licensing policy incorporating the special policy and the government guidance at paragraphs 13.29 and 13.35 of the Licensing Act 2003.
In introducing a special policy the licensing authority recognised that the designated area was saturated with such premises.
The Sub-Committee had not believed that the operating schedule had 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.
The Sub-Committee’s decision was therefore to refuse the 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.
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Chairman
1.00pm – 2.02pm
Supporting documents: