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 the submission of a Temporary Event Notice in accordance with the Licensing Act 2003 in respect of Denbigh Kebab and Burger House, 2 Bridge Street, Denbigh (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 a Counter Notice be issued to prohibit the Temporary Event Notice from taking place.

The Licensing Officer submitted a report by the Head of Planning and Public Protection (previously circulated) upon –

(i)        a Temporary Event Notice having been received from Mr Kuddusi Demir in respect of an extension of hours to the existing Premises Licence (provision of late night refreshment) proposed to take place on 19 and 20 September 2015 at Denbigh Kebab and Burger House, 2 Bridge Street, Denbigh;

(ii)      the premises currently having a Premises Licence allowing the provision of late night refreshment for the following times –

(iii)     late night refreshment becoming a licensable activity between the hours of 23:00 hrs and 05:00 hrs with no licence required outside those hours;

(iv)     the Applicant having submitted a Temporary Event Notice to extend the hours during which late night refreshment could be provided from 01:30 hrs to 02:30 hrs on 19 and 20 September 2015;

(v)      the North Wales Police having submitted an Objection Notice under Section 104(2) of the Licensing Act 2003 (Appendix 1 to the report) on the grounds that allowing the premises to be used in accordance with the Temporary Event Notice would undermine the licensing objectives, specifically (1) the Prevention of Crime and Disorder; (2) Public Safety and (3) Prevention of Public Nuisance – the Police considered the premises did not have sufficient control measures in place to promote the licensing objectives and had knowingly breached their licensed hours;

(vi)     the need to take into account Guidance and the Council’s Statement of Licensing Policy when considering the submissions, and

(vii)    the options available to the committee when considering the Notice.

The Licensing Officer summarised the report and outlined the facts of the case.

PREMISES USER’S SUBMISSION

Mr. Kuddusi Demir was in attendance together with his son Mr. Osman Demir who also acted as his interpreter.  Mr. Demir addressed the Sub Committee in support of the Temporary Event Notice and confirmed the extension of hours as detailed within the Notice.

NORTH WALES POLICE SUBMISSION

Mr. Aaron Haggis, Police Licensing Officer represented the North Wales Police.  He referred to the Police’s written objection which had been largely based on the events of 31 August 2015 when a local Police Sergeant had attended the premises.  The Police Sergeant witnessed anti-social behaviour of a large crowd congregating at the premises with customers being served after permitted hours.  It was argued that, had the premises closed at 1.30 a.m. in line with permitted hours, people would not have been congregating in the area.  A summary of the anti-social behaviour was provided and Mr. Haggis detailed the Police’s concerns over the lack of control measures to deal with customers entering and exiting the premises and insufficient processes in place to reduce anti-social behaviour.  The attitude of Mr. Demir when approached by Police during the incident was also questioned.  The Police had subsequently requested the Council’s Licensing Section to investigate the breach of permitted hours and ascertain whether additional controls could be put in place.  In closing Mr. Haggis reported upon the commitment of the Police to support all licensed premises to maximise business generation when Temporary Events Notices were issued.  However the Police felt that to allow the Temporary Event in this case would cause large scale disorder at a licensed premises.

Mr. Demir was given the opportunity to respond to the issues raised by the Police and through his interpreter confirmed he accepted the Police’s version of events.  However in mitigation he explained that he had returned from overseas the  ...  view the full minutes text for item 3.