LICENSING SUB COMMITTEE 31st OCTOBER, 2005 Minutes of the meeting of the Licensing Sub Committee of Flintshire County Council held on Monday, 31st October, 2005 in County Hall, Mold, Flintshire. PRESENT: Councillor L.A. Sharps (Chairman) Councillors J.J. Griffiths and J.F. Jones. OFFICERS OF FLINTSHIRE COUNTY COUNCIL: Principal Solicitor, Principal Administration Officer and Licensing Officer. RESPONSIBLE AUTHORITIES - REPRESENTATIVES: Sgt. Colin Jones, North Wales Police. APPLICANT/AGENTS: Mr. Bilal Gilgil accompanied by Mr. Gary Jones. 1. DECLARATIONS OF INTEREST There were no declarations of interest. 2. REPORT OF THE DIRECTOR OF ENVIRONMENT AND REGENERATION The Sub Committee considered the report of the Director of Environment & Regeneration which was presented by the Licensing Officer in respect of an application for a Premises License for Diana Takeaway, Chester Road, Flint. 3. THE APPLICATION – Diana Takeaway, Chester Road, Flint An application for a Premises Licence was made by the proprietor Mr. Bilal Gilgil. The premises sold hot food after 11.00 pm and therefore now required to be licensed under the 2003 Act. The proposed hours for late night refreshment were:- Sunday to Thursday - 11.00 pm to midnight Friday and Saturday - 11.00 pm to 01.30 am the following morning Background The application had been advertised. Promotion of the Licensing Objectives The application stated – “Litter to be picked up around the premises; ensure noise and light pollution are within acceptable levels; sign asking customers to leave quietly; staff trained in health and safety, crime prevention and first aid”. 4. NOTICES AND SUPPORTING DOCUMENTATION Representations had been made by North Wales Police and these were attached as Appendix 1 to the report. 5. SUBMISSION OF DOCUMENTARY EVIDENCE/REQUEST TO CROSS- EXAMINE The Chairman asked questions as determined in the procedure:- (a) The applicants confirmed that they had no additional information to submit. (b) The representative of North Wales Police indicated that he had no additional information to submit. (c) Both parties requested the opportunity to cross-examine if necessary. 6. HEARING AND DETERMINATION OF THE APPLICATION The Chairman advised that the Sub Committee would proceed to hear and determine the application by reference to the four licensing objectives and that each party would be granted up to twenty minutes to exercise their rights. 7. FURTHER INFORMATION The Chairman asked the Licensing Officer to confirm whether or not there was anything further to add to the papers in front of the Sub Committee. She confirmed that there was not. 8. PRESENTATION BY THE APPLICANT The Chairman invited the applicant to present the application. Mr. Gilgil presented his case and the Sub Committee were advised that Mr. Gary Jones would assist in the presentation should Mr. Gilgil have any language difficulties. Mr. Gilgil advised that he wished to have his premises open beyond 11.00 pm particularly on Friday and Saturday because they were the occasions when he made his money. He indicated that there was no trouble at the premises and that he had no difficulties with late night opening. 9. REPRESENTATIONS BY NORTH WALES POLICE Sgt. Colin Jones indicated that when he had made his comments he had conferred with local Officers and as a result of those discussions expressed an opinion that the premises should be open no later than midnight on any night. He expressed the view that a takeaway outlet opening until a late hour could often be a gathering point for persons responsible for drunk and disorderly or sometimes violent behaviour. The hour at which the premises should seek to open at weekends should be similar to a licensed premises supplying alcohol and it was therefore important that the licensing objectives were addressed. With regard to this particular premises he advised that staff had reported three incidents of disorder or racial abuse during the current year. He indicated that premises of this nature could be the subject of racial “hate” crime against staff of ethnic minority; crimes which were regarded by the Police as extremely serious. In view of this, and in accordance with the licensing objectives, Sgt. Jones also made representations that CCTV with a sound recording facility should be in operation at the premises with a sign displayed informing customers of this. It was also requested that CCTV and sound records be available to Police on request for evidential purposes when conducting enquiries to any incidents at the premises. Sgt. Jones confirmed that there were no complaints about Mr. Gilgil and the way that he ran the premises in relation to the licensing objectives. 10. QUESTIONS/FINAL PRESENTATIONS In response to the points made by Sgt. Jones, Mr. Gilgil indicated that the calls he had received were early in the evening and were in relation to incidents involving youths. One incident on the 12th April, 2005, when Police assistance was requested was when Mr. Gilgil was not at the premises. Mr. Gilgil indicated that he had previously owned other premises but now he had sold them, lived locally and this was his only shop. He expanded upon the point that nearby licensed premises had an extension to their hours and if he had to close before them it would have a substantial adverse effect on his business. He also indicated that Police warning notices in relation to racial abuse which were displayed in the premises had had a positive effect. Sgt. Jones concurred with Mr. Gilgil in relation to the types of offences that had occurred at the premises. Sgt. Jones advised of the closing times of nearby licensed premises and that there is more chance of incidents at takeaway outlets in town centres rather than those which were situated away from that area. The Chairman noted that the only objection to the application was that made by North Wales Police. In assisting Mr. Gilgil, Mr. Gary Jones confirmed that close circuit television was in place within the premises at the moment and Mr. Gilgil was looking to extend that to go beyond the premises. The Chairman enquired from Mr. Gilgil whether he would be happy to comply with all the other requirements of the Police and Mr. Gilgil confirmed that he would. On Mr. Gilgil’s behalf Mr. Jones confirmed that it was the intention to upgrade the sound system with a CCTV facility. Sgt. Jones advised that with regard to the CCTV facility that it would only require the applicant to have it to monitor inside the premises and at its entrance. 11. DETERMINATION OF THE APPLICATION The Chairman adjourned the proceedings and asked all to leave with the exception of Committee Members, Principal Solicitor and Clerk. 12. DECISION The Sub Committee agreed that the application for the licence as submitted be granted as follows:- (i) Late Night Refreshment Sunday to Thursday - 11.00am - midnight Friday to Saturday - 11.00pm - 1.30 am the following morning (ii) Conditions attached after a Hearing by the Licensing Committee CCTV with a sound recording facility must be installed to cover the inside of the premises and the entrance of the premises. 13. REASONS (i) That there were no representations from interested parties. (ii) That the incidents reported by North Wales Police were of a racial nature rather than alcohol related and that the applicant should not be penalised for this. 14. SUPPLEMENTARY INFORMATION The Chairman reported that all applications could be reviewed if any problems occurred. Approved Date F - LIC - 31.10.05 Diana Takeaway - 1112 -
