Content

6.1  The sub-committee
heard from the Principal Licensing Officer, applicant and
Licensing. During the course of submissions and a discussion of the
application, the sub-committee noted the following:
 
· 
The applicant had
opened a small family Turkish restaurant one year before the
emergence of Covid-19 and since the pandemic consumer habits had
changed drastically. In order for the business to survive he was
seeking to provide hot food for takeaway only after 23.00 hours on
Fridays and Saturdays. 
· 
The applicant stated
that there were many businesses within the vicinity with later
opening hours which included St Joseph Hospice and Mare Street
Market. The businesses adjacent to the premises were a Chinese
takeaway closing at 23.00 hours and a dry cleaners at 19.00
hours.  The area was quiet and there
would be minimal disturbance and dispersal issues.
· 
The applicant
confirmed that he had received no complaints about the extraction
system installed at the rear.
· 
The applicant agreed
to reduce the hours on Fridays and Saturdays to 01.00 from
02.00.
· 
The maximum capacity
at the premises was 20 persons but the average people allowed
inside was approximately 8-10 persons.
· 
All music played after
23.00 hours would be background only.
· 
There were no
complaints received from local residents relating to the premises
or objections to the application.
· 
The Licensing
representative stated that the proposed hours exceeded the
Council’s Core Hours and expressed concern that the
additional hours of  use could
negatively impact  on local amenity due
to the residential units on the upper levels of the properties
along Mare Street and Beck Road.
· 
In their absence, the
sub-committee noted the written representation from Planning and
that planning permission had been refused in 2019 and the appeal
was dismissed. 
· 
The Licensing
representative stated that the applicant needed to submit a
planning application for a variation, which also addressed the
Planning Inspector’s concerns relating to lack of information
about the opening hours of  other
businesses.
· 
The applicant
indicated that he had made several unsuccessful attempts to contact
a planning officer and therefore he had been unable to resolve the
planning issue.
· 
The applicant
understood that if the licence were granted he could not operate
without planning permission.
 
RESOLVED
 
The decision
 
Late Night Refreshment
 
Monday - Wednesday  23:00 -
23:30
Thursday 
23:00 - 00:00
Friday - Saturday  23:00 -
01:00
 
And the following condition:
All food served after 23:00 is for take away
only. 
 
PLANNING INFORMATIVE
The applicant is reminded of the need to operate the
premises according to any current planning permission relating to
its use class, conditions and to regularise the hours as
required.
 
It also should be noted for the public record that the
local planning authority should draw no inference or be bound by
this decision with regard to any future planning application which
may be made.