LICENSING SUB COMMITTEE 4TH SEPTEMBER, 2006 Minutes of the meeting of the Licensing Sub Committee of Flintshire County Council held in County Hall, Mold on Monday, 4th September, 2006. PRESENT: Councillor L.A. Sharps (Chairman) Councillors: A.G. Diskin and M.G. Wright. OFFICERS OF FLINTSHIRE COUNTY COUNCIL Solicitor (Mr. Damian Gaskell), Licensing Officer, Committee Services Manager and Administration Assistant. RESPONSIBLE AUTHORITIES - REPRESENTATIVE Sgt. Colin Jones - North Wales Police. APPLICANT / AGENTS Mr. Emin Gokoglu, the proprietor, accompanied by Mr. Kerfoot. 1. APOLOGIES None were received. 2. DECLARATIONS OF INTEREST (Including Whipping Declarations) 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 the application received 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 License was issued to the applicant on 7th March, 2006 which permitted late night refreshments from 11:00 pm to 02:00 am on Sunday to Tuesday, 11:00 pm to 03:00 am on Wednesday to Saturday and New Year’s Eve to 04:00 am. The proposed variation in hours for late night refreshments were:- Sunday to Thursday - 11:00 am to 03:00 am Friday and Saturday - 11:00 am to 03:30 am Christmas Eve - 11:00 am to 04:00 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 DOCUMENTATION 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 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 THE APPLICANT The Chairman invited the applicant to present the application. Mr. Kerfoot presented the case on behalf of Mr. Emin Gokoglu. He said that another takeaway shop had opened near to the Tivoli nightclub and had a license to 3.00 a.m. 6 nights per week. He felt the condition that the Police had recommended regarding door staff was not economically viable for him; the reason being that he was shut before the Tivoli, when that would be his busy time. Mr. Gokoglu was trying to maintain his business but had had to lay off one employee and was finding it hard to meet his commitments. A member of the Licensing Committee asked whether CCTV was in operation and Mr. Gokoglu confirmed that it was. 10. REPRESENTATIONS BY RESPONSIBLE AUTHORITIES Sgt Jones, on behalf of North Wales Police, said that there were questions to address on the four Licensing Objectives. A meeting had taken place in June between Buckley Police and the proprietors of businesses in the area. He advised that the stretch where the takeaways were situated had a small number of incidents, and with the extended opening hours, there was likely to be increased demands on Police when resources were stretched later in the evening. They had no objections to the extra opening hours as such and stated that the Licensing Objections were not specifically addressed in this application. Sgt Jones confirmed that since the granting of the licence to extend the opening hours in January, there had been no incidents. Sgt Jones anticipated that as the Tivoli nightclub had an alcohol license until 3.00 am, those wanting food would be likely to be in this area between 3.30 and 4.00 am. He suggested that it was at this time when there was more likely to be disturbance because people had been drinking for a longer period. He asked if the applicant would consider employing door staff later in the nights on Friday and Saturday which tended to be busier. He suggested that when door staff had finished work elsewhere they could then move to these premises until they closed. 11. FINAL PRESENTATIONS (a) Applicant Following a question by the Chairman, the applicant advised that door staff were not needed at his premises as the door staff from the Tivoli nightclub checked the general area near his takeaway shop. Mr. Gokoglu stressed that this application was important for him to maintain his business. (b) North Wales Police Sgt Jones advised that the agreement with the Tivoli nightclub door staff was unofficial but that they did keep a general eye on the area. He confirmed that the Police had no objection in principle to the extra half hour and that it was unknown how it would affect the area. 12. DETERMINATION OF THE APPLICATION The Chairman adjourned the proceedings and asked all to leave with the exception of the Committee Members, Solicitor and the Clerks. 13. DECISION The Sub Committee agreed that the application be granted in its entirety. 14. REASONS The Sub Committee noted the Police comments but in view of his good record, the fact that there had been no complaints, no reported incidences and he had no convictions since the extension of the license in January. ………………………….. Chairman SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL’S CODE OF CONDUCT LICENSING COMMITTEE DATE: 4TH SEPTEMBER, 2006 MEMBER ITEM MIN. NO. REFERS NO DECLARATIONS WERE MADE Approved Date L-D. Min-Licensing Minutes 04.09.06(Buckley Kebab House)
