LICENSING SUB-COMMITTEE 9TH OCTOBER, 2006 Minutes of the meeting of the Licensing Sub Committee of Flintshire County Council held at County Hall, Mold on Monday, 9th October, 2006. PRESENT: Councillor L.A. Sharps (Chairman) Councillors: S.R. Baker and J.F. Jones. OFFICERS OF FLINTSHIRE COUNTY COUNCIL: Solicitor (Mr. D. Gaskell), Licensing Officer (Mr. J. Lowe) and Administration Assistant (Mrs. M. Potter). RESPONSIBLE AUTHORITIES – REPRESENTATIVE: Sgt. C Jones, North Wales Police. APPLICANTS/AGENTS: Mr Kimal Topal, the proprietor. 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 premises licence at Zozan, 33 Brunswick Road, Buckley. 4. THE APPLICATION – Zozan, 33 Brunswick Road, Buckley An application to vary an existing premises licence was submitted by the proprietor Mr. Kimal Topal. A premises licence was issued to the applicant on 9th May, 2006 which permitted late night refreshment from 11.00 p.m. to 3.00 a.m. on Monday to Saturday and 11.00 p.m. until 12.30 a.m. on Sunday. The proposed variation in hours for late night refreshment were:- Monday to Saturday - 11.00 p.m. to 04.00 a.m. Thursday and Sunday - 11.00 p.m. to 00.30 a.m. 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 plan 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 THE APPLICANT The Chairman invited the applicant to present the application. Mr Kimal Topal stated that he had a good relationship with local people and neighbouring businesses. His premises were well managed and he had not required any police assistance to deal with incidents. Mr. Topal explained that a number of late-night licensed premises operated in the area and one of the busiest did not close until 03.00 a.m. He considered that his business would be at a disadvantage if he did not remain open until after 03.00 a.m. as he would lose a significant proportion of his custom and income from the passing trade to similar local competitors who had been granted a variation of licence to remain open until 03.30 a.m. Mr Topal stated that in his application he had requested a variation of hours on Monday to Saturday from 11.00 p.m. until 04.00 a.m., to ensure that his business operated fully within the terms of a Premises Licence, however, he anticipated that it was unlikely that he would continue to trade after 03.30 a.m. 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 04.00 a.m. for the sale of refreshments could lead to incidents of nuisance or disorder from persons leaving late-night licensed premises and remaining in the area until 04.00 a.m. or later. This would be when Police resources were less than earlier in the evening. Sgt. Jones reported that Mr Topal was an established proprietor, his business was well managed and there had been no recent incidents at the premises. However, North Wales Police were concerned that the Zozan could become a gathering point for people leaving the nearby licensed premises and possibly be a cause of local disruption. 12. FINAL PRESENTATIONS AND QUESTIONS The Chair invited Mr. Topal to cross-examine Sgt. Jones, North Wales Police Mr. Topal asked Sgt. Jones to explain why there had been a Police objection to his application for a variation of hours as, in his experience, the area was already populated at 04.00 a.m. by people making their way home from visiting late-night licensed premises and other fast food outlets in the vicinity. Sgt. Jones responded that there was no criticism of the management of the business or reports of anti social activities associated with it, however, it was anticipated that a variation of hours to cater for late-night custom could lead to incidents of nuisance or disorder from persons remaining in town until after 4.00 a.m. at a time of reduced Police resources. Sgt. Jones declined the opportunity to cross-examine Mr. Topal. 13. QUESTIONS BY THE SUB COMMITTEE The Council’s Solicitor sought clarification from Mr. Topal regarding the application for a variation of hours. He asked Mr. Topal to confirm that on a Thursday his current Premises Licence permitted him to serve late night refreshment from 11.00 pm to 3.00 a.m. and his application for a proposed variation was from 11.00 p.m. to 04.00 a.m. and not from 11.00 p.m. to 12.30 a.m. as recorded. Mr. Topal stated that he had made a mistake in the application and asked that the Sub Committee give consideration to a revised closing time of 11.00 p.m. to 04.00 a.m. Monday to Saturday, and 11.00 p.m. to 12.30 a.m. on Sunday. The Chairman addressed Sgt. Jones and referred to the representations that had recently been made by North Wales Police concerning applications for a Premises Licence to the Licensing Sub-Committee. The Chairman requested that in future more substantial evidence should be provided in the Police statement in order to assist the Licensing Sub Committee in its deliberations. 14. SUMMING UP BY THE APPLICANT The Chairman invited the applicant to sum up. Mr. Topal believed his premises was well managed and there had been no incidents of nuisance or disorder. He emphasised that his application for a variation in hours was to enable him to compete with similar fast food outlets in the vicinity which had been granted permission to serve late night refreshment until 03.30 a.m. following variations to their licences. Mr. Topal stated that it may not be necessary for his business to remain open until 04.00 a.m. but he wanted to ensure that it operated fully within the terms of a Premises Licence. 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 Licensing Sub Committee had reached their decision and had granted a variation in hours for the sale of late night refreshment from: Monday to Saturday 11.00 p.m. to 03.30 a.m. Sunday 11.00 p.m. to 00.30 a.m. 17. REASONS The Chairman addressed the applicant and advised that the Licensing Sub Committee had reached their decision by taking into account the potential impact on the locality as outlined by the North Wales Police representative which related to the licensing objectives of prevention of crime and disorder and the prevention of public nuisance. In making their decision the Sub Committee made reference to a recent similar application determined by the Licensing Sub-Committee. Mr. Topal had been granted a variation of hours to ensure that his business would not be disadvantaged with regard to other fast food outlets in the locality. SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL’S CODE OF CONDUCT LICENSING COMMITTEE DATE: 9TH OCTOBER , 2006 MEMBER ITEM MIN. NO. REFERS NO DECLARATIONS WERE MADE Approved Date - 805 -
