LICENSING SUB-COMMITTEE 18TH SEPTEMBER, 2006 Minutes of the meeting of the Licensing Sub Committee of Flintshire County Council held at County Hall, Mold on Monday, 18th September, 2006. PRESENT: Councillor L.A. Sharps (Chairman) Councillors: A.G. Diskin and J. Jones OFFICERS OF FLINTSHIRE COUNTY COUNCIL: Principal Solicitor, Committee Services Manager, Licensing Officer and Administration Assistant RESPONSIBLE AUTHORITIES – REPRESENTATIVE: Sgt. C Jones, North Wales Police APPLICANTS/AGENTS: Mr Ismail Karagandere, the proprietor accompanied by his son. INTERESTED PARTIES: Councillor R. C. Bithell on behalf of interested parties 1. APOLOGIES: None were received. 2 DECLARATIONS OF INTERESTS: None were received. 3. REPORT OF THE DIRECTOR OF ENVIRONMENT AND REGENERATION: The Sub Committee considered the report of the Director of Environment and Regeneration which was presented by the Licensing Officer in respect of an application to vary an existing licence at Mold Kebab House, 28 Wrexham Street, Mold. 4. THE APPLICATION – Mold Kebab House, Mold An application to vary an existing licence was submitted by the proprietor Mr. Ismail Karagandere. A premises licence was issued to the applicant on 22nd August, 2005 which permitted late night refreshment from 11.00 p.m. to Midnight on Monday to Sunday. The proposed variation in hours for late night refreshment were:- Friday, Saturday and New Years Eve - 11.00 pm to 02.30 am Thursday and Sunday - 11.00 pm to 01.00 am However, the applicant informed that he required the request for a variation in hours to be amended from 02.30am until 02.00am. 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. Representations were also made by a person living in the vicinity of the premises and persons involved in business in the area which were shown as Appendix 3 and a location map was shown as Appendix 4 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 THE APPLICANT: The Chairman invited the applicant to present the application. Mr Karagandere’s son presented the case on behalf of his father Mr Ismail Karagandere. He stated that the family had been in business in the area for 15 years and had a good reputation and relationship with local people and neighbouring businesses. The premises were well managed and had not required any police assistance to deal with incidents. Mr Karagandere explained that due to the extended licensing hours of several public houses operating in close proximity to his business he would be disadvantaged if he did not remain open until after midnight as he would lose a significant proportion of his custom and income from passing trade. Mr Karagandere stated that he had made a mistake in the application for a variation of hours and asked that the Sub Committee give consideration to a revised closing time of 02.00am for Friday, Saturday and New Years Eve. Referring to Appendix 3 of the report and the letter of representation from Mr Fecci, Mr Karagandere informed the Sub Committee that during a recent conversation with Mr. Fecci he had stated to him that he did not object to the Mold Kebab House closing until 01.30am and would submit a further letter to the Licensing Manager confirming this. 10. PRESENTATION BY RESPONSIBLE AUTHORITIES Sgt. Jones on behalf of the North Wales Police said representation was made under the licensing objectives of prevention of crime and disorder and prevention of public nuisance. It was the view of the Police that the granting of a licence to hours beyond Midnight to 01.00am and 02.00am for the sale of refreshment could create local disruption. The area had previously been subject to anti-social activities which had led to incidents of nuisance and disorder by persons leaving licensed premises and visiting fast food takeaway outlets. Sgt. Jones reported that there had not been any recent incidents at the premises, that they were well managed and Mr Karagandere was an experienced and established proprietor. However, Police were concerned that the area was semi-residential and the premises could become a gathering point for people leaving the nearby licensed premises and possibly cause disruption to local residents and businesses. 11. REPRESENTATION BY INTERESTED PARTIES Councillor R. C. Bithell introduced himself and informed members of the Licensing Sub Committee that he had been invited to speak on behalf of the interested parties. He informed that he had been contacted by a number of residents and businesses, directly and by letter and telephone, who had expressed their objection to the proposed variation of hours to beyond midnight for the Mold Kebab House. Residents had emphasised their concerns regarding a reoccurrence of the incidents of anti social behaviour which had been prevalent in the area and which had had a detrimental effect on their quality of life. There were a number of fast food outlets in the town centre which attracted passing trade from licensed premises and these had acted as a focal point for noise and disturbance during the early hours of the morning denying residents the right to peace and quiet. 12. FINAL PRESENTATIONS AND QUESTIONS The Chair invited Mr Karagandere to cross-examine Councillor Bithell. Mr Karagandere questioned how many people had notified their objections to Councillor Bithell. Councillor Bithell replied the figure was possibly 10 or 12. Mr Karagandere asked Councillor Bithell if he had spoken to or received correspondence from Mr Fecci confirming his verbal consent to a variation in hours at Mold Kebab House from Midnight to 01.30am. Councillor Bithell responded that he had received no verbal or written communication from Mr. Fecci. The Chair invited Mr. Karagandere to cross-examine Sgt. Jones, North Wales Police Referring to a number of public houses which operated with extended licensing hours in close proximity to the Mold Kebab House, Mr. Karagandere asked Sgt. Jones to confirm that regardless of the late night custom associated with those premises there had been no incidents requiring a police presence in the immediate vicinity of his business. Sgt. Jones confirmed there had been no incidents at the premises in question in recent months, however, it was anticipated that a variation of hours to cater for customers leaving the public houses may lead to difficulties under the licensing objectives. 13. QUESTIONS BY THE SUB COMMITTEE The Chairman asked the Licensing Officer if he had received correspondence from Mr. Fecci confirming his verbal agreement to Mr. Karagandere’s application for a variation in hours at Mold Kebab House from Midnight to 01.30am The Licensing Officer replied that he had received no further written or verbal communication from Mr Fecci. The Council’s Solicitor sought clarification if the properties at Llys-yr-Ffail were in the vicinity within the terms of the Act. It was confirmed that they were not. 14. SUMMING UP BY THE APPLICANT The Chairman invited the applicant to sum up. Mr. Karagandere apologised that he had made a mistake in the application and emphasised that the variation in hours was required from 11.00pm to either 01.30am or 02.00am for Friday, Saturday and New Years Eve. He believed the business was well managed, there were no incidents of vandalism and the premises were kept clean and free from litter. 15. DETERMINATION OF APPLICATION The Chairman adjourned the proceedings and asked all to leave with the exception of the Committee Members, the solicitor and the Clerk. 16. DECISION The Chairman advised that the application had been refused. 17. REASONS The Chairman addressed the applicant and advised that the Licensing Sub Committee had reached their decision with difficulty as it was acknowledged and appreciated that Mr. Karagandere’s business was very well managed. In making their decision the Sub Committee had taken into account the potential impact on the locality as outlined by the North Wales Police representations made under the licensing objectives of prevention of crime and disorder and prevention of public nuisance. Whilst social behaviour in the area was currently tolerable for local residents and businesses the Sub Committee had taken note of the licensing objectives and the potential difficulties which could arise. SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL’S CODE OF CONDUCT LICENSING COMMITTEE DATE: 18TH SEPTEMBER , 2006 MEMBER ITEM MIN. NO. REFERS NO DECLARATIONS WERE MADE Approved Date - 805 -
