Agenda, decisions and draft minutes
Venue: Conference Room 1b, County Hall, Ruthin
Contact: Committee Administrator (KEJ) Email: democratic@denbighshire.gov.uk
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APPOINTMENT OF CHAIR To appoint a Chair for the meeting. Decision: Councillor Hugh Irving was appointed Chair for the meeting. Minutes: Councillor Hugh Irving 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. |
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DECLARATION OF INTERESTS Members to declare any personal or prejudicial interests in the business identified to be considered at this meeting. Decision: No declaration of interest had been raised. Minutes: No declarations of personal or prejudicial interest had been
raised. |
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To consider an application for Variation of an existing Premises Licence in accordance with Section 34 of the Licensing Act 2003 in respect of Bodrum Kebab House, 10 Water 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). Decision: RESOLVED that the
application be granted as applied for. Minutes: A report by the Head of Planning and Public Protection
was submitted (previously circulated) upon – (i)
an
application having been received from Mr. R. Topac to vary an existing Premises
Licence and extend the operating hours in respect of Bodrum Kebab House, 10
Water Street, Rhyl (Appendix A to the report); (ii)
the
premises currently operating the following hours as a fast food takeaway –
(iii)
the
applicant having requested authorisation to extend the hours as follows –
(iv)
the
provision of Late Night Refreshment only became a licensable activity between
the hours of 23.00 and 05.00; (v)
one
written representation (Appendix B to the report) having been received from an Interested
Party in response to the public notice relating to possible disturbance from
noise and an increase in rubbish, etc. as a result of the longer opening hours; (vi)
having
received details of the representation officers offered to facilitate mediation
between the parties and in response the Applicant had indicated he would be
willing to continue with his current operating hours but with the flexibility
to remain open from 16.00 until 04.00 on the following days – Bank Holiday Mondays Christmas Eve (when it fell on Monday – Thursday) Christmas Day (when it fell on Monday – Thursday) Boxing Day (when it fell on Monday – Thursday) New Year’s Eve (when it fell on Monday – Thursday) (vii)
having
heard the Applicant’s suggested amendments to the operating hours the
Interested Party had indicated that they preferred the application be brought
before members for determination; (viii)
the
proposed Operating Schedule having been included as part of the application detailing
a number of additional conditions; (ix)
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 (x)
the
options available to the committee when determining the application. The Licensing Officer introduced the report
and detailed the facts of the case. APPLICANT’S
SUBMISSION Mr. R. Topac was in attendance in support
of his application and provided details of his usual trading hours from 4.00
p.m. to approximately 3.45 a.m. Friday and Saturday and up to 1.00 a.m. during
the rest of the week. He clarified that,
whilst he had applied to vary the licensing hours to 4.00 a.m. daily, this was
to provide the flexibility to cater for later trading hours on special
occasions such as Christmas Eve, Christmas Day, Boxing Day and New Year’s Eve
when they fell during the week Monday to Thursday, and for bank holiday
Mondays. There was no intention to operate
up to 4.00 a.m. Monday to Thursday outside of those occasions. In response to members’ questions Mr. Topac
– ·
confirmed
the security arrangements he employed at the premises during the later opening
hours up to 4.00 a.m. ·
clarified
that the premises was solely a takeaway premises and members noted there was no
requirement to provide customer toilets ·
the
Interested Party had a shop nearby which opened 10.00 a.m. – 3.00 p.m. and was
not usually present outside of those times and did not reside there · indicated he had no control ... view the full minutes text for item 3. |