Agenda and minutes

It was moved by Councillor D Everitt, seconded by Councillor L Massey and

RESOLVED THAT:

Councillor M Specht take the chair for the remainder of the meeting.

There were no apologies for absence received.

Under the Code of Conduct members are reminded that in declaring disclosable interests you should make clear the nature of that interest and whether it is pecuniary or non-pecuniary.

No interests were declared.

PREMISES:   Captain Kev’s Burger Bar, Market Street, Ashby de la Zouch,

                        Leicestershire

APPLICANT: Mr Shrain Tumber

To determine an application for a variation of a premises licence in respect of

the above.

Representations have been received from two interested parties. A Notice of Hearing

inviting them to attend has been sent to them. If they fail to attend, the hearing

can be held in their absence or adjourned.

The following documents are attached: -

a)    Report of the Licensing Enforcement Officer

At the beginning of the Hearing, the authority shall explain to the parties the

procedure it is proposed to follow. The Hearing shall take the form of a

discussion led by the authority and cross-examination shall not be permitted

unless it is required to consider the representations.

The Chairman introduced the parties and outlined the procedure to be followed.

The Hearing Regulations 2005 stated that the Authority must allow parties an equal period of time in which to present their evidence.  It was agreed that the maximum time limit for each presentation be 10 minutes.

The Licensing Enforcement Officer presented the report to members, highlighting background information and the representations received.

There were no questions for the Licensing Enforcement Officer.

Mr S Tumber, applicant, addressed the Sub Committee and put his case.  He stated that the purpose of the application was to extend the licensed hours from 2.30am to 3.30am on Fridays and Saturdays in order to serve hot food and drinks.  He advised that at present, he served hot food until 2.30am, and had been serving cold food until 3.15am since Christmas on a trial basis.  He added that he had informed Leicestershire Police before starting this and no concerns had been raised.   In respect of the objections received regarding crime and disorder and the prevention of dispersal, he queried where the evidence was of serious incidents in the town centre at this time of night.  He added that, with due respect, the responsible authorities would have objected to the application if serious incidents were taking place.  He added that the residents had had every opportunity to comment and no objections had been received from residents in respect of public nuisance.  He stated that the survey undertaken by Ashby Town Council was out of date as the statistics were from 2013.  He advised that condition 5 could be retained as his intention was only to sell cans of drink, and these could be decanted into plastic cups.   He added that the Civic Society had objected to the extra hour on the grounds that it would cause disturbance, however there were no objections from Environmental Health about noise.  He stated that his aim was to keep his customers happy, and when he stopped serving food at 2.30am there was no more available. 

Councillor D Everitt sought clarification on the cold food that was being served.  Mr S Tumber advised that he served a variety including tandoori chicken that had been cooled, or packaged sandwiches.  He advised that he turned off his hot griddles at 2.15am, and people continued to request hot food after 2.30am but he was unable to serve it.

Councillor D Everitt asked how many people were in the town centre at this time of night.  Mr S Tumber advised that people generally started to disperse at around 3.00am and the doormen were always present.

Mr C Tandy addressed the Sub Committee and presented the case on behalf of Ashby Civic Society.  He stated that the Civic Society objected to the extension of the trading hours and to the removal of condition 5.  He referred to the cumulative impact policy and reminded members that the effect of adopting a special policy of this kind was to create a rebuttable presumption that such applications would be  ...  view the full minutes text for item 4.