LICENSING SUB COMMITTEE 16th MAY, 2005 Minutes of the meeting of the Licensing Sub Committee held on 16th May, 2005 in County Hall, Mold, Flintshire. PRESENT: Councillor L.A. Sharps (Chairman) Councillors A.G. Diskin and J.J. Griffiths OFFICERS OF FLINTSHIRE COUNTY COUNCIL County Secretary, Licensing Manager and Principal Administration Officer. RESPONSIBLE AUTHORITIES - REPRESENTATIVES Sgt. Colin Jones - North Wales Police Mr. Keith Evans - Flintshire County Council, Planning Department – (Team Leader - Planning Enforcement) APPLICANT: Mrs. Tenzile Ozturk accompanied by Mr. Ozturk 1. REPORT OF THE DIRECTOR OF ENVIRONMENT AND REGENERATION The Committee considered the report of the Director of Environment and Regeneration, which was presented by the Licensing Manager, in respect of an application for a Premises Licence for the Talk of the Town, 1-3 High Street, Holywell. 2. THE APPLICATION - TALK OF THE TOWN, 1-3 HIGH STREET, HOLYWELL An application for a Premises Licence was submitted by Mrs. Tenzile Ozturk in respect of Talk of the Town, 1-3 High Street, Holywell. Talk of the Town was a hot food takeaway premises and the sale of hot food between the hours of 11.00 p.m. and 5.00 a.m. was a licensable activity. The hours applied for were:- Monday – Thursday Noon - Midnight Friday and Saturday Noon - 1.00 a.m. Sunday 2.00 pm - Midnight Approved DateLicensing Sub Committee Promotion of Licensing Objectives The application contained the following information : “Prevention of Crime and Disorder - the applicant has C.C.T.V. cameras in the shop Public Safety - C.C.T.V. cameras and the counter is closed so no one can get behind at all times Prevention of Public Nuisance - the application makes sure litter is cleared from outside the shop and litter bins are present Protection of Children from Harm - “Cannot get behind counter” 3. NOTICES AND SUPPORTIVE DOCUMENTATION The Licensing Officer confirmed that all relevant Notices and supporting documents had been issued. He had not received a written response from the applicant confirming their attendance but had made telephone contact to ascertain this. 4. SUBMISSION OF DOCUMENTORY 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 North Wales Police indicated that he had statistical information available in support of his representations, copies of which were available for all present which would be additional evidence (c) The representative of Flintshire County Council’s Planning Department indicated that he wished to withdraw the original representations and replace it with a revised Statement (d) All parties requested the opportunity to cross-examine, if necessary. As there was no objection from the applicant to the submission of the additional evidence from North Wales Police and Flintshire County Council’s Planning Department, the Sub-Committee gave its consent. The Sub-Committee also agreed to the requests from the parties to cross examine. Approved DateLicensing Sub Committee 5. HEARING AND DETERMINATION OF THE APPLICATOIN The Chair 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. 6. FURTHER INFORMATION The Chairman asked the Licensing officer to confirm whether or not there was anything further to add to the papers in front of the Sub-Committee. He confirmed that there was not. 7. PRESENTATION BY APPLICANT The Chairman invited the applicant and her representative to present the Application. They did this accordingly and the Chairman asked a number of questions on behalf of the Committee. None of the representatives of the Responsible Authorities cross-examined the applicant. 8. REPRESENTATIONS BY RESPONSIBLE AUTHORITIES i) North Wales Police Sgt. Colin Jones presented the reasons why North Wales Police objected to this application. As previously agreed he circulated statistical information in support of the objections. The thrust of the concern related to the fact that these premises could be a gathering place following the closure of licensed premises with the possibility of disorderly conduct. He also referred to the close proximity of residential property and the disturbance that could be caused to occupiers in this area. In making these comments he acknowledged that these premises were currently open for the hours sought and indicated that he had no criticism of the way that they were currently being operated by the applicant. There was no cross examination. The Chairman asked that as the premises were currently operating the hours for which they were now seeking a Licence whether any complaints had been received relative to these premises. Sgt. Jones confirmed that none had been received. Following a further question he confirmed that there had been no recorded complaint from residents either. Approved DateLicensing Sub Committee ii) Flintshire County Council’s Planning Department As previously agreed the previous evidence had been withdrawn and a revised Statement by Mr. Keith Evans submitted, copies of which were circulated. Mr. Evans expanded upon his evidence. Mr. Evans did not identify any licensing objective but simply described the planning history. The County Secretary advised that the evidence did not relate to licensing objectives and could not be considered. There was no cross examination. 9. FINAL PRESENATIONS a) APPLICANT The applicant reiterated the wish to operate in accordance with the terms of their application. b) RESPONSIBLE AUTHORITIES i) North Wales Police Sgt. Colin Jones reiterated the concern that late night nuisance could be caused in the future and commented upon Police guidelines for such issues. (ii) Flintshire Planning Department Mr. Keith Evans confirmed he had nothing further to add. 10. DETERMINATION OF APPLICATION The Chairman adjourned the proceedings and asked all to leave with the exception of Committee Members, County Secretary and the Clerk. 11. DECISION The Sub-Committee agreed that the application for the Licence, as submitted, be granted. 12. REASONS i) The premises were currently operating within the requested hours apparently without problems ii) No recorded complaints from the public Approved DateLicensing Sub Committee iii) Responsible Authorities had no recorded complaints against the premises in support of their submissions. 13. ANNOUNCEMENT All parties were invited to return and the Chairman gave the Sub Committee’s decision and the reasons for it set out at 12 and 13 above. 14. SUPPLEMENTARY INFORMATION The County Secretary advised the applicant that although they had had the Licensing Application approved this was separate from the planning aspect which must be addressed with the Planning Department. Approved DateLicensing Sub Committee - 181 -
