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RESOLVED – That the Sub-Committee, having considered all the information, and in accordance with the requirements of the Licensing Act 2003, the Section 182 Guidance and the Licensing Authority’s own Statement of Licensing Policy, GRANTED the application in part, with the applicant being permitted to provide late night refreshment from 23:00 to 04:00 hours on Friday and Saturday. The Sub-Committee considered the application on its individual merits and considered all the committee papers, the statutory guidance made under section 182 of the Licensing Act 2003, the Council’s Statement of Licensing Policy, submissions made by the applicant and all other parties, and the oral evidence given by the applicant and objectors during the hearing in its determination of the matter. The sub-committee also recognised the support for the application from other persons and the popularity of the premises. The Sub-Committee noted that South Wales Police initially objected to the application; however, this objection was withdrawn prior to the meeting as the applicant agreed their proposed conditions. The Sub-Committee noted that there was evidence that the premises had previously carried on licensable activity without a relevant authorisation. However, they accepted that this occurred during a period that the premises was under different management and the business is now under new management. The Sub-Committee gave weight to the representation from Cllr Mackie during the hearing. They accepted that the premises is located in an area that experiences a significant amount of crime and disorder and is nearby residential properties. The Sub-Committee noted the applicant’s comment that the application will help promote the licensing objectives as it will help alleviate the queues from nearby premises that are permitted to trade later, which will help disperse those from the area more quickly. The Sub-Committee considered this and felt that this would be unlikely to occur during weekdays and the premises is likely to result in an increase in the number of customers attracted to the area that would undermine the licensing objectives. After carefully considering all the information, the Sub-Committee resolved to the grant the application in part, authorising late night refreshment starting at 23:00 hours until 04:00 hours on Friday and Saturdays.
There were none.
Y penderfyniad fel y'i cofnodwyd
RESOLVED – That the Sub-Committee, having considered all the information, and in accordance with the requirements of the Licensing Act 2003, the Section 182 Guidance and the Licensing Authority’s own Statement of Licensing Policy, GRANTED the application in part, with the applicant being permitted to provide late night refreshment from 23:00 to 04:00 hours on Friday and Saturday. The Sub-Committee considered the application on its individual merits and considered all the committee papers, the statutory guidance made under section 182 of the Licensing Act 2003, the Council’s Statement of Licensing Policy, submissions made by the applicant and all other parties, and the oral evidence given by the applicant and objectors during the hearing in its determination of the matter. The sub-committee also recognised the support for the application from other persons and the popularity of the premises. The Sub-Committee noted that South Wales Police initially objected to the application; however, this objection was withdrawn prior to the meeting as the applicant agreed their proposed conditions. The Sub-Committee noted that there was evidence that the premises had previously carried on licensable activity without a relevant authorisation. However, they accepted that this occurred during a period that the premises was under different management and the business is now under new management. The Sub-Committee gave weight to the representation from Cllr Mackie during the hearing. They accepted that the premises is located in an area that experiences a significant amount of crime and disorder and is nearby residential properties. The Sub-Committee noted the applicant’s comment that the application will help promote the licensing objectives as it will help alleviate the queues from nearby premises that are permitted to trade later, which will help disperse those from the area more quickly. The Sub-Committee considered this and felt that this would be unlikely to occur during weekdays and the premises is likely to result in an increase in the number of customers attracted to the area that would undermine the licensing objectives. After carefully considering all the information, the Sub-Committee resolved to the grant the application in part, authorising late night refreshment starting at 23:00 hours until 04:00 hours on Friday and Saturdays.
Present: Applicant: Tahir Akbar (Premier Golden Kebabs Ltd) Representing the applicant: Jon Wallsgrove (John Gaunt Solicitors) Responsible Authorities: Rhys Morgan (Senior Licensing Enforcement Officer, Cardiff Council) Other Persons: Cllr Norma Mackie (Ward Member) Effie Carter (Local Resident) The Application An application to vary a Premises Licence had been received from Premier Golden Kebabs Ltd in respect of T & A Kebabs, 4 Miskin Street, Cathays, Cardiff, CF24 4AQ. The licence currently permitted the following: The provision of late night refreshment (indoors): Sunday to Thursday: 23:00 to 00:30 hours Friday and Saturday: 23:00 to 02:00 hours The applicant had applied for the following: To vary the hours permitted for the provision of late night refreshment as follows: Monday to Sunday: 23:00 to 04:00 hours Applicant’s Representations Speaking on behalf of the applicant, Mr Wallsgrove stated that a principal reason for requesting the application was that Misfits Social Club located opposite the applicant’s premises closes at 03.30 Monday to Sunday, and this led to queues forming outside other premises serving refreshments at these hours. The applicant is currently missing out on significant trade during a critical period of trading and a variation in the licence was necessary to ensure the commercial sustainability of the business and employment. It would have a positive impact on the area in terms of public nuisance and crime and disorder, as people queuing for refreshment would have another choice of premises which would help reduce the number of people queuing. Mr Wallsgrove pointed out that neither South Wales Police nor Environmental Health officers had raised objections to the application. Mr Wallsgrove advised the Sub Committee that Mr Akbar had become director of T&A Kebabs in January 2024, having previously been an assistant at Chicken Cottage which has operated under a 04:00 licence for 15 years without any problems, and at T&A Convenience Store which is licensed to sell alcohol, again with no issues. He has a significant background in retail and is familiar with the area and its inhabitants. Mr Wallsgrove referred to the representation made by the Senior Licensing Enforcement Officer Rhys Morgan which referenced previous instances of trading outside permitted hours at the premises. He stated that the director at the time of the incidents no longer has any responsibility at the business, and that Mr Akbar has trained staff at their premises in their responsibilities under the licence, including use of CCTV and recording of incidents. Mr Wallsgrove respectfully suggested that a refusal of the application on the basis of Mr Morgan’s representation would be punitive and it was the responsibility of the Licensing Authority to consider how the application met the Licensing Objectives. He reiterated that if the application was granted, noise and potential conflict outside premises in the area would be reduced and people would leave the area more quickly. Commenting on Mr Wallsgrove’s representation, Cllr Norma Mackie (Ward Member) stated that she was not convinced that there were many people still at Misfits Social Club at 03:00 hours, that it was not always full at that time and that people leave the club at different times of the night. Mr Wallsgrove responded that the applicant has worked in the area for many years and in his experience there were often queues at that time. Mr Morgan asked whether there had been a change in the company which had been previously trading at the premises and whether any previous directors still had any responsibility at Premier Golden Kebabs Ltd. Mr Wallsgrove stated that after discussions between himself and Mr Akbar it had been decided that upon becoming director Mr Akbar would continue the company rather than set up a new one in order to avoid having to renegotiate contracts with suppliers. However, Mr Akbar had no responsibility at Premier Golden Kebabs at the time of the previous incidents and no former directors were now present at the company in any responsible capacity. Responsible Authority Representations A representation had been received from South Wales Police. The applicant had agreed to the conditions proposed by South Wales Police in their representation and as such the representation had been withdrawn. Addressing the Sub Committee on behalf of the Licensing Authority, Rhys Morgan (Senior Licensing Enforcement Officer) stated that the Licensing Authority’s objection to the application was based on the Licensing Objective of the Prevention of Crime and Disorder. He advised the Sub Committee that the Enforcement Team historically had to investigate breaches of licence at the premises. The Sub Committee had heard from the Applicant’s representative regarding directors at Premier Golden Kebabs Ltd. Mr Morgan referred to 2 previous incidents of the company trading beyond its permitted hours at the premises which were under investigation. The Licensing Authority would normally become involved where there was evidence of previous non-compliance, and it was his duty to bring the matter to the attention of the Sub Committee. It was for the Sub Committee to decide how much weight to give to the evidence regarding the current director. Responding to questions from Members, Mr Morgan stated that Mr Akbar has been a director of the company since January 2024 and the offences being investigated predate his appointment; however, they do relate to a period when the company operated from the premises. If Mr Akbar had set up a new company and the licence had been transferred, it is possible that it would not be in the public interest to proceed with the investigation. Responding to a question, Mr Wallsgrove stated that the manager or supervisor at the time of the incidents referred to was the previous director who no longer had any involvement with the company. The incidents occurred in May 2023 and the director had immediately made a full admission of liability. Since then, no concerns have been raised regarding compliance with licence terms at the premises. Other Person’s Representations. A representation had been received from local Ward Councillors. Cllr Norma Mackie addressed the Sub Committee, stating that the Ward Councillors were concerned that the variation would bring more people into Cathays creating more disturbance and anti-social behaviour, which is already a problem. The premises is located on a direct route from the city centre to student residences and having later opening hours at the premises would attract more people rather than disperse them. There are already queues at other venues some nights but these premises are particularly popular. Cllr Mackie reminded the Sub Committee that there are local residents in the area including social housing. Residents are concerned that there will be an increase in cars due to people picking up takeaway food, and there is little parking in the area. Responding to questions from Members, Cllr Mackie stated that it might be acceptable for the premises to stay open till 04:00 on Friday and Saturday, but not during the week. Cllr Mackie stated that the premises was more popular than other business offering refreshment in the area, and an extension of opening hours would therefore attract more customers into the area rather than taking alternative routes through Cathays from the city centre. Mr Wallsgrove asked when Cllr Mackie had spoken to other Ward Councillors about the application and whether she had discussed it with Cllr Ahmed. Cllr Mackie replied that she had been unable to speak to Cllr Ahmed as he was unwell, but she had spoken to other Ward Councillors the day before the meeting. She could not confirm that Cllr Ahmed was aware that she and the other Ward Councillors were objecting to the application. Informed by Mr Wallsgrove that Cllr Ahmed, prior to becoming unwell, had spoken with a previous director of the company and given positive feedback regarding an extension to opening hours, Cllr Mackie said she found this surprising. Responding to a further question from Mr Wallsgrove, Cllr Mackie stated it was a long time since she had been in the area between 03:00 and 04:00 hours, but she had received complaints from local residents. Representations had been received from other persons (local residents) in support of the application. Effie Carter addressed the Sub Committee, stating that in her opinion T&A Kebabs should have the ability to remain open until 04:00 throughout the week as it has better hygiene than other premises in the area and is the preferred location for many people. Summing Up Cllr Mackie stated that the Ward Councillors had real concerns that an extension of opening hours could increase the amount of traffic, both people and vehicular, against the Licensing Objectives. Mr Morgan stated that the Sub Committee had received all the relevant information in his representation and it was for them to decide on the application, being mindful of the representations and considering how much weight to put on the change of director at the company. Mr Wallsgrove stated that it was not the applicant’s view that people making their way from the city centre to their accommodation would divert their homeward journey to go to these premises. He was not suggesting that all the premises’ customers came from Misfits Social Club; however, students returning home after a night out will want food and the best thing would be for them to get food quickly and take it away it home. It was the Applicant’s view that the extension of opening hours would have a positive effect on the area and the Sub Committee should attach weight to the opinion of South Wales Police and Environmental Health officers that there would be no negative impact from the variation of the licence. Decision RESOLVED – That the Sub-Committee, having considered all the information, and in accordance with the requirements of the Licensing Act 2003, the Section 182 Guidance and the Licensing Authority’s own Statement of Licensing Policy, GRANTED the application in part, with the applicant being permitted to provide late night refreshment from 23:00 to 04:00 hours on Friday and Saturday. The Sub-Committee considered the application on its individual merits and considered all the committee papers, the statutory guidance made under section 182 of the Licensing Act 2003, the Council’s Statement of Licensing Policy, submissions made by the applicant and all other parties, and the oral evidence given by the applicant and objectors during the hearing in its determination of the matter. The sub-committee also recognised the support for the application from other persons and the popularity of the premises. The Sub-Committee noted that South Wales Police initially objected to the application; however, this objection was withdrawn prior to the meeting as the applicant agreed their proposed conditions. The Sub-Committee noted that there was evidence that the premises had previously carried on licensable activity without a relevant authorisation. However, they accepted that this occurred during a period that the premises was under different management and the business is now under new management. The Sub-Committee gave weight to the representation from Cllr Mackie during the hearing. They accepted that the premises is located in an area that experiences a significant amount of crime and disorder and is nearby residential properties. The Sub-Committee noted the applicant’s comment that the application will help promote the licensing objectives as it will help alleviate the queues from nearby premises that are permitted to trade later, which will help disperse those from the area more quickly. The Sub-Committee considered this and felt that this would be unlikely to occur during weekdays and the premises is likely to result in an increase in the number of customers attracted to the area that would undermine the licensing objectives. After carefully considering all the information, the Sub-Committee resolved to the grant the application in part, authorising late night refreshment starting at 23:00 hours until 04:00 hours on Friday and Saturdays.
There were none.
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