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. Kimal Topal, 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 Diyar Kebab House, Connah’s Quay. 4. THE APPLICATION – Diyar Kebab House, Connah’s Quay An application to vary an existing licence was submitted by the proprietor Mr. Kimal Topal. A premises licence had been issued to the applicant on 8th November, 2005 which permitted late night refreshments from 11.00 pm to Midnight on Sunday to Thursday and 11.00 pm to 12.30 am on Friday and Saturday. The proposed variation in hours for late night refreshments were:- Friday and Saturday - 11:00 pm to 03:00 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. 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 applicant confirmed that he 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. Kimal Topal presented the case on behalf of himself. He said that he had been in business in the area for six years and that the Diyar Kebab House had been operating for three and a half years. He was concerned that if the premises closed at 12.30 am he would lose a lot of custom because a number of licensed premises now closed beyond that time. Mr. Kimal Topal said that he knew the local people very well and had built up a good relationship with them. He also reported that he had never had to call the police to any incidents at the premises. 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 11:00pm to 12:30pm for the sale of refreshments could create problems as the area had been subject to anti-social activities. Sgt Jones said that for the last quarter that no incidents had been recorded at the premises. He said that the premises was run very well and that Mr. Kimal Topal was an experienced and well established proprietor. However there were concerns that the area was semi-residential and the premises could become a gathering point for people who were leaving licensed premises which could result in disorder. 12. FINAL PRESENTATIONS (a) Applicant The applicant reiterated his wish to operate in accordance with the terms in the application. (b) North Wales Police Sgt. Jones said he had nothing further to add. 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 to vary the existing licence be refused. 15. REASONS In accordance with the recommendations of the North Wales Police. Approved Date Licensing Sub Committee - 1139 -
