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No declarations of interest
Present Applicants: Ginu John and Melvin Paul Interested Others: Councillor Norma Mackie Dr Valerie Lewis The Application An application for the grant of a Premises Licence has been received from KL17 Food Limited in respect of Trio Eats, 140 Crwys Road, Cathays, Cardiff. The applicant applied for the following: (1) In respect of the following licensable activities: (i) The provision of late night refreshment (indoors). (2) Description of Premises (as stated by applicant): “This premises consists of the following: Customer Ordering Area; Kitchen and Food Preparation Zone; Storage Area; Waiting Area; Exterior and Signage Since the restaurant does not serve alcohol, the focus is on food and non-alcoholic beverages, such as soft drinks, juices, and specialty drinks like bubble tea or milkshakes”. (3) Unless otherwise indicated the premises may be open to the public during the following hours and for any hours consequential to the non-standard timings: Monday to Sunday: 11:00 to 03:00 hours (4) To provide licensable activities during the following hours: (i) The provision of late night refreshment (indoors): Monday to Sunday: 23:00 to 03:00 hours At the commencement of the meeting Members were advised that the applicants had agreed to accept the additional premises licence conditions requested in the written representations received from South Wales Police. Applicant Representations Mr Paul presented the application. Members were advised that the application sought permission to provide late night refreshment until 03:00, Monday to Sunday. The restaurant would primarily offer takeaway food for delivery. No food would be consumed on the premises, and therefore it was considered unlikely that there would be any noise nuisance. In response to questions from the Sub Committee, the applicants explained that they had experience running restaurants in India, but this was their first venture in the UK. They confirmed they accepted the conditions proposed by South Wales Police and reiterated that the business would mainly operate as a delivery service, although customers could also attend the premises to collect orders. Assurances were given that the premises would be well-managed and would not negatively impact local residents. Other Persons’ Representations Dr Valerie Lewis addressed the Sub Committee. She stated that she welcomed the new business and wished the applicants well. She raised no objection to the premises operating until 23:00 but expressed significant concern over the proposed 03:00 closing time. Dr Lewis explained that her bedroom overlooks the lane at the rear of the premises, and she believed that customers and delivery drivers arriving and departing late at night would disturb residents. She also referenced historic issues with waste and littering in the lane, caused by businesses failing to manage their refuse properly. In response to questions, Dr Lewis stated that she was not aware of any other businesses in the area operating until 03:00. The Licensing Officer provided a summary of the terminal hours of other licensed premises nearby and noted that a number of premises were permitted to operate until 05:00. Councillor Norma Mackie was invited to address the Sub Committee. She advised that her main concern was the addition of another takeaway premises in the area. She stated that there were already issues with nuisance caused by delivery bikes and student noise late in the evening and felt that this new premises could exacerbate those problems. Cllr Mackie commented that Crwys Road was beginning to resemble City Road in terms of the number of takeaway outlets, but unlike City Road, Crwys Road is a far more residential area. In response to a question about deliveries, the applicants stated that delivery riders would be directly employed and would use bicycles. Cllr Mackie also raised concerns about food waste being left outside premises for collection. While noise nuisance remained her main concern, she expressed doubt that the applicants would be able to adequately manage and mitigate these issues. All parties were given an opportunity to make closing statements. Decision The Sub-Committee heard from the applicant and listened carefully to all the oral and written representations. In reaching its decision, the Sub-Committee considered the Licensing Act 2003, the relevant Section 182 Guidance issued by the Secretary of State, the Council’s Statement of Licensing Policy, and the Cumulative Impact Assessment. The Sub-Committee noted that the application sought authorisation for the provision of late night refreshment until 03:00, seven days a week. It was satisfied that the applicant had engaged appropriately with the Responsible Authorities, had agreed to all the conditions requested by South Wales Police, and that as a result, the police had withdrawn their representation. It was also noted that there were no objections from Environmental Health Pollution Control. The Sub-Committee considered the representations made by the local resident and the ward councillor. Concerns were raised regarding the potential for noise nuisance caused by late-night activity, including the movement of delivery riders, and the impact this might have on residential amenity. Concerns were also expressed about the existing number of takeaway outlets in the area, and the historic problems with waste and refuse associated with other nearby businesses. In relation to the issue of waste, the Sub-Committee acknowledged the concerns raised, particularly in regard to past problems with littering and improper refuse management in the rear lane. However, the Sub-Committee did not consider it appropriate to attribute the failings of other operators to this applicant. The Sub-Committee felt that the applicant had also provided assurances regarding the proper management of the premises, including the employment of delivery drivers and their intention to maintain high operational standards. The Sub-Committee also considered the concerns about the addition of another takeaway in the area. However, it was noted that the premises are not located within an area designated by the Cumulative Impact Assessment. As such, the Sub-Committee could not consider the cumulative impact of multiple licensed premises in the vicinity. Having taken all matters into account, the Sub-Committee did not consider there to be sufficient evidence to demonstrate that the grant of this licence would undermine the licensing objectives. Accordingly, the Sub-Committee resolved to grant the premises licence, subject to the conditions agreed with South Wales Police.
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