Agenda, decisions and draft minutes

Councillor Huw Williams was appointed Chair for the meeting.

Councillor Huw Williams was appointed Chair for the meeting.

The Chair welcomed all parties to the meeting and all present were introduced.  The hearing procedures had been circulated previously to all parties and copies of the Statement of Licensing Policy were made available at the meeting.

No declaration of interest had been raised.

No declaration of interest had been raised.

To consider an application for a new Premises Licence submitted in accordance with Section 17 of the Licensing Act 2003 in respect of Rhyl Spice, 64 – 66 Queen Street, Rhyl (an outline of the submission and associated papers are attached).

Please note the procedure to be taken by the Sub Committee (which is attached to this agenda).

RESOLVED that the application, as amended, be granted subject to conditions.

A report by the Head of Planning and Public Protection (previously circulated) was submitted upon –

(i)        an application having been received from Gamlins Law Solicitors on behalf of the Applicant, Md Muhim Uddin (Appendix A to the report) for a new Premises Licence in respect of Rhyl Spice, 64 – 66 Queen Street, Rhyl proposing to operate as a restaurant and takeaway with the provision of a telephone delivery service, and in all cases alcohol would only be sold or delivered when a customer had purchased a meal;

(ii)      the applicant having requested authorisation to provide the following licensable activities –

(iii)     the North Wales Police having submitted representations and proposed a number of conditions (which had been agreed by the Applicant) to be imposed on the licence, if granted, relating to the delivery of alcohol in order to promote the prevention of crime and disorder and protection of children from harm licensing objectives (Appendix B to the report);

(iv)     two written representations having been received from Interested Parties (Appendix C to the report) in response to the public notice relating to possible disturbance from noise and air pollution;

(v)      officers having offered mediation between the Applicant and the Interested Parties with no resolution having been reached to date;

(vi)     the need to consider the application taking due account of the Council’s Statement of Licensing Policy; Guidance issued by the Secretary of State; other relevant legislation and relevant representations received, and

(vii)    the options available to the committee when determining the application.

The Licensing Officer (NJ) introduced the report and outlined the facts of the case.

APPLICANT’S SUBMISSION

The Applicant Md Muhim Uddin and his legal representative, Mr. P. Williams from Gamlins Law Solicitors were in attendance in support of the application.

Mr. Williams clarified the proposals for operating the licence advising that alcohol would be sold ancillary to the provision of substantial meals.  Alcohol sales would cease at 01.00hrs for the restaurant and takeaway facilities in line with the last entry times and at 02.00hrs for the telephone delivery service of takeaway meals.

North Wales Police had made representations with regard to proposed additional conditions to be incorporated in the Operating Schedule in respect of the delivery of alcohol which had been agreed with the Applicant.  With regard to the two written representations received from Interested Parties in response to the requisite public notice, Mr. Williams advised that both referred to noise from patrons leaving after 23.00hrs and congregating in the smoking area together with odour issues.  He submitted that those concerns had been based on the conduct of the previous occupiers advising that the premises had been closed down some months earlier due to poor management.  The Applicant had only been operating since 9 April 2019 on a limited basis and had not traded beyond 23.00hrs and therefore the concerns raised must have been associated with the previous occupants.  The Applicant would operate in accordance with stringent conditions as detailed in the application in order to promote the licensing objectives, and particular attention was drawn to the measures to be implemented in order to prevent public nuisance and minimise noise disturbance to nearby properties given the Interested  ...  view the full minutes text for item 3.