Agenda, decisions and draft minutes

Councillor Cefyn Williams was appointed Chair for the meeting.

Councillor Cefyn 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 declarations of interest were raised.

No declarations of interest were raised.

To consider an application for a new Premises Licence submitted in accordance with Section 17 of the Licensing Act 2003 (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 for a new Premises Licence, as amended, be granted, subject to conditions and issuing of a planning advisory note.

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

(i)        an application having been received from Mr. Nallaiah Mahendramoorthy for a new Premises Licence in respect of Yummy Peri Peri Chicken, 36 Wellington Road, Rhyl;

(ii)      the Applicant having requested authorisation to provide Late Night Refreshment as follows –

(the provision of hot food and drink only became a licensable activity between 23.00 hrs and 05.00 hrs);

(iii)     the Council’s Pollution Control Section having submitted representations (Appendix A to the report) raising concerns relating to both the premises close proximity to residential properties and an existing planning condition which did not permit use of the extraction equipment after 23.00 hrs (22.00 hrs on Sundays), and proposed a number of conditions to be imposed should the licence be granted to assist in the prevention of public nuisance;

(iv)     two written representations (Appendix B to the report) having been received from interested parties relating to possible disturbance from noise;

(v)      the Applicant had offered to modify the application to reduce late-night opening days and times to Friday and Saturday only until 01.00 a.m.; the Applicant having also mentioned that there were other late-night establishments in the vicinity which remained open up to 02.00 a.m., including a public house next door that remained open until 12 midnight;

(vi)     the proposed Operating Schedule (Appendix C to the report);

(vii)    planning officers having advised that whilst there were no restrictions on the general operating hours of the premises, there was an existing planning condition limiting the use of the extraction equipment to between 10.00 hrs and 23.00 hrs Monday to Saturday and 10.00 hrs and 22.00 hrs on Sundays;

(viii)  the Applicant having been made aware of the planning conditions and had taken steps to apply to amend the condition – in the interim planning officers recommended if members were minded to grant the application an advisory note should be issued;

(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 summarised the report and updated members on progress advising that –

·         the proposed conditions put forward by the Council’s Pollution Control Officer had since been agreed with the Applicant, and

·         having been informed of the proposed conditions and reduction in operating hours one of the interested parties had advised that he was willing to withdraw his representations providing assurances were received from the applicant that all necessary steps would be taken to minimise noise from customers.  Whilst the applicant had provided those assurances no further response had been received from the interested party confirming withdrawal of his representations.

APPLICANT’S SUBMISSION

Mr. Monir Uzzaman was present on behalf of the Applicant who had been unable to attend the meeting.  Mr. Uzzaman advised that the premises had recently opened and was operating well but there was a demand from customers for later opening hours.  In view of the representations received it was recognised that late night opening could cause problems to others and therefore the Applicant had proposed to reduce the hours as applied for until 1.00 a.m. to minimise any impact.

POLLUTION CONTROL SUBMISSION

Mr. Sean Awbery from  ...  view the full minutes text for item 3.