Agenda, decisions and draft minutes
Venue: Conference Room 1a, 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 Huw Williams was appointed Chair for the meeting. Minutes: 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. |
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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 declaration of interest had been raised. |
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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). Decision: RESOLVED that the application,
as amended, be granted subject to conditions. Minutes: 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. |