LICENSING SUB COMMITTEE 9TH JANUARY, 2006 Minutes of the meeting of the Licensing Sub Committee of Flintshire County Council held at County Hall, Mold on Monday, 9th January, 2006. PRESENT: Councillor L.A. Sharps (Chairman) Councillors: A.G. Diskin and P.J. Walkden OFFICERS OF FLINTSHIRE COUNTY COUNCIL: County Secretary, Licensing Officer, Principal Administration Officer and Administration Assistant. RESPONSIBLE AUTHORITIES – REPRESENTATIVE: Sgt. C. Jones, North Wales Police. APPLICANTS/AGENTS: Mr. Kerfoot on behalf of Mr. Emin Gokoglu, the proprietor. 1. APOLOGIES None were received. 2. DECLARATIONS OF INTEREST None were received. 3. 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 to vary an existing licence at Buckley Kebab House. 4. THE APPLICATION – Buckley Kebab House, Buckley. An application to vary an existing licence was submitted by the proprietor Mr Emin Gokoglu. A premises licence was issued to the applicant on 5th October, 2005 which permitted late night refreshment from 11:00 pm to 02:00 am on seven nights a week. (New Year’s Eve to 04:00 am) The proposed variation in hours for late night refreshments were:- Wednesday to Sunday - 02:00 am to 04:00 am However a further letter had been received from the Applicant revising his request for an extension until 3:00 am and not 4:00 am. 5. PROMOTION OF THE LICENSING OBJECTIVES The additional steps proposed by the applicant were attached as Appendix 1 to the report. 6. NOTICES AND SUPPORTING DOCUMENTS The Licensing Officer confirmed that all relevant notices and supporting documents had been issued. Representations had been made by North Wales Police and were shown as Appendix 2 to the report. And a location map was shown as Appendix 3 to the report. 7. SUBMISSION OF DOCUMENTARY EVIDENCE/REQUEST TO CROSS EXAMINE The Chairman asked the questions as determined in the procedure:- (a) The applicants confirmed that they had no additional information to submit. (b) The representative of the North Wales Police indicated that he had no additional information to submit. (c) Both parties requested the opportunity to cross examine, if necessary. 8. 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 each party would be granted up to 20 minutes to exercise their rights. 9. PRESENTATION BY APPLICANT The Chairman invited the applicant to present the application. Mr. Kurtfoot presented the case on behalf of Mr. Emin Gokoglu. He said that when Mr. Emin Gokoglu had put in his original application he had been unaware that the Tivoli was opening until 3:00 am. He reported that much of the income for the Buckley Kebab House came from customers leaving the Tivoli. Mr. Kurtfoot said that the businesses near to the Buckley Kebab House were operating until 3:00 am and that his client could be prejudiced if he had to close earlier. Following questions by Members the Licensing Officer confirmed that other premises in the vicinity were operating until 3.00 am. The locations of these premises were identified on a plan. 10. PRESENTATION BY RESPONSIBLE AUTHORITIES Sgt Jones, on behalf of the North Wales Police said the representation was made under the Licensing Objective of Prevention of Crime and Disorder. It was the view of the Police that the granting of a licence to hours beyond 2:00 am would cause a gathering point for people leaving licensed premises. He said that when the original application was granted the Police had asked for certain conditions including CCTV. Sgt Jones reported that the Tivoli had their own door supervisors who moved people away from the premises after closing and said that this had been very successful but they still relied heavily on the police. He also reported that police resources were fewer than earlier on in the night because of other duties. Also there were concerns regarding local residents with people leaving the area on foot in the early hours. Sgt Jones said that he had checked the amount of recorded incidents outside the premises for the last quarter. He said that there had only been a few incidents recorded which included incidents that had occurred inside and outside of the premises. The police were concerned that similar incidents could lead to people staying in the area until 3:30 am possibly causing public nuisance. 12. FINAL PRESENTATIONS (a) Applicant The applicant reiterated his wish to operate in accordance with the terms in the application. He also said that the recorded incidents outside his premises had not been instigated from inside. (b) North Wales Police Sgt. Jones said he had nothing further to add. The applicant answered questions regarding the incidents which had occurred outside his premises and said that they had nothing to do with his business. He also said that teenagers did use his premises but any problems earlier on in the night had not related to later hours. 13. DETERMINATION OF APPLICATION The Chairman adjourned the proceedings and asked all to leave with the exception of the Committee Members, County Secretary and the Clerks. 14. DECISION The Sub Committee agreed that the application be granted in accordance with the following terms and conditions: Sale of late night refreshment Sunday to Tuesday - 11:00 pm to 02:00 am Wednesday to Saturday - 11:00 pm to 03:00 am 15. REASONS (i) There had been no serious problems of disorder since the extension previously granted. (ii) To be consistent with licenses granted to similar premises in the area. 16. SUPPLEMENTARY INFORMATION The Chairman advised Mr. Emin Gokoglu that in view of the remarks from Sgt. Jones the authority would be working with the police to see if any incidents were occurring at the premises. He also said that the Licensing Sub Committee could also review his licence at any time. Approved Date Licensing Sub Committee - 1135 -
