Decision Maker: Licensing Sub-Committee

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: August 26, 2025

Purpose:

Content: The decision of the Committee to grant the application as amended and subject to the agreed Conditions.   The Committee in reaching its decision took into account:   ·  The evidence before it both written and oral   ·  The relevant parts of the Council’s Statement of Licensing Policy   ·  The relevant parts of the Guidance issued by the Secretary of State   Committee’s reasoning and findings are:   Committee noted that the application before it was amended to that originally submitted and was now also subject to conditions that had been agreed with the Licensing Authority and Public Health.  They also noted that the hours sought had been significantly reduced to those initially applied for. They heard from Mr Farooq, the applicant, who stated that he had operated his premises from Grainger Street for a number of years, without issue and without complaint or enforcement action being taken.  The premises had 30 seats and a capacity of 50.  They operated as a casual chicken and burger restaurant.  Since the opening of the premises there had been a number of new competing businesses that had opened in the locality with longer hours. In Mr Farooq’s opinion his food offering was healthier than those newer premises on Newgate Street and the Bigg Market.   He also confirmed that he was agreeable to a number of new conditions and redrafting of some existing to improve his licence.  Mr Farooq explained that he has enlisted an expert licensing firm TJR Licensing to assist with the drafting of policies for approval by the responsible authorities.   He confirmed when asked by Ms Hebb that the premises would operate as a dine in and takeaway but mainly dine in which contained the potential for noise and nuisance.   On behalf of Northumbria Police Ms Hebb stated that although she welcomed the amended conditions and hours the application for an extra two hours on Friday and Saturdays still presented concerns.  The premises were located within a special stress area and special policy 2 of the statement of licensing policy applied.  In order for the application to be granted Committee must be satisfied that there are exceptional circumstances and that if granted the application would not add to the negative cumulative impact.  She also referenced the framework of hours within the statement of policy.  Although no statistics or evidence were provided to Committee by Sgt Cottiss to demonstrate that there wouold be an impact on the crime and disorder in the area, Ms Hebb did explain that such data had formed the basis of the justification for the imposition of a cumulative impact area within the policy.   Committee were aware that they must consider each case on its merits and in this instance, were satisfied that the fact that the premises had operated for a considerable time without issue,  that the applicant was prepared to accept conditions which would significantly improve the licence in addition to reducing the hours originally sought, were matters which whilst individually  may not be considered exceptional in themselves,  when combined together  all contributed to exceptionality.   They accepted the Police evidence however found it to be more generic in nature and not specifically related to the particular premises. They found that the applicant had demonstrated that if granted the application would not add to the negative cumulative impact in the area. With regard to the increase in hours, Committee were aware that the statement of licensing policy can be deviated from and were satisfied that they could exercise their discretion to deviate and allow the extra two hours on a Friday and Saturday