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RESOLVED – That the Sub Committee, having considered the application on its individual merits, all the committee papers, the statutory guidance made under section 182 of the Licensing Act 2003, the Council’s Statement of Licensing Policy and Cumulative Impact Assessment, 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, GRANTED the application. Members noted that South Wales Police, Environmental Health Pollution Control and the Licensing Authority, acting in their capacity as a Responsible Authority, objected to the application. South Wales Police and Environmental Health put forward a number of conditions that, if granted, would like applied to the licence. These conditions had been agreed by the applicant. The Sub Committee acknowledged that the premises was subject to enforcement action by the Shared Regulatory Services and noted that action was taken by the owner to ensure that the management responsible no longer worked at the premises. Members considered that the additional conditions agreed by the applicant could help to mitigate the issues in Caroline Street, as outlined in Claire Dewhurst’s presentation. Members carefully considered all the representations and felt that the additional conditions agreed with South Wales Police would not negatively impact the licensing objectives or add to the negative cumulative impact in the area.
There were no declarations of interest.
Y penderfyniad fel y'i cofnodwyd
RESOLVED – That the Sub Committee, having considered the application on its individual merits, all the committee papers, the statutory guidance made under section 182 of the Licensing Act 2003, the Council’s Statement of Licensing Policy and Cumulative Impact Assessment, 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, GRANTED the application. Members noted that South Wales Police, Environmental Health Pollution Control and the Licensing Authority, acting in their capacity as a Responsible Authority, objected to the application. South Wales Police and Environmental Health put forward a number of conditions that, if granted, would like applied to the licence. These conditions had been agreed by the applicant. The Sub Committee acknowledged that the premises was subject to enforcement action by the Shared Regulatory Services and noted that action was taken by the owner to ensure that the management responsible no longer worked at the premises. Members considered that the additional conditions agreed by the applicant could help to mitigate the issues in Caroline Street, as outlined in Claire Dewhurst’s presentation. Members carefully considered all the representations and felt that the additional conditions agreed with South Wales Police would not negatively impact the licensing objectives or add to the negative cumulative impact in the area.
Applicants: Abdul Kowsor Senior Abdul Rahman Kowsor Responsible Authorities: Claire Dewhurst, South Wales Police Malcolm Caldicott, Licensing, Cardiff CC The Application An application for the grant of a Premises Licence had been received from Pinebest Limited in respect of Albany Fish Bar, 29 Caroline Street, Cardiff CF10 1FF 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): “Take away fast food outlet. We only sell hot food. No alcohol sales”. (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 Thursday: 11:00 to 14:00 and 16:00 to 02:00 hours Friday and Saturday: 10:00 to 14:00 and 16:00 to 05:00 hours Sunday: 16:00 to 02:00 hours (4) To provide licensable activities during the following hours: The provision of late night refreshments (indoors): Sunday to Thursday: 23:00 to 02:00 hours Friday and Saturday: 23:00 and 05:00 hours Applicant Representation: The Applicant, Abdul Rahman Kowsor, advised that his was a small family run business based in Albany Road in operation since 1967. He explained that In September 2023 the business had acquired a second small unit in Caroline Street (Albany Fish Bar) and commenced trading. The premises had previously had a Late-Night Refreshment (LNR) licence that had been surrendered by the previous licence holder of which the applicant had been unaware of at the time. The venue had been inadvertently trading without a LNR licence and hence the reason for the application. The Applicant explained that the venue was a fast-food business and occupied a small retail space. During the evening service there was table space for 2 covers. If the LNR licence was approved all seating would be moved to allow a fast service in and out for up to 5 persons at a time. The Applicant advised that the business had experience in match days, dispersals and large gatherings and was equipped to deal with similar situations. Responding to questions the Applicant stated that operating a fish bar in Caroline Street differed to Albany Road in respect that it was more fast-paced and a different level of service needed to be provided as the customers were often intoxicated. It was noted that the premises was situated within the Cumulative Impact Policy (CIP) area of Cardiff city centre and when questioned as to why the application was exceptional, he responded that the premises had previously had a LNR licence and there had been no uptick in crime since the last time the licence had been held. In terms of there being any issues when the venue was inadvertently trading without the licence the Applicant responded he was not aware of any issues unless South Wales Police (SWP) knew otherwise. The Applicant confirmed that when he became aware of trading after hours without a LNR licence they ceased trading. The Applicant also confirmed that he agreed to implement the SWP conditions on the licence. Responsible Authorities Representations Speaking on behalf of SWP, Claire Dewhurst explained that if the Applicant adhered to the SWP conditions to address the concerns of the CIP it was felt that the applicant would contribute to providing a good service in the area. Referring to previous applications the Claire Dewhurst stated that historical licences did not have SIA conditions unlike this application and it would therefore have a positive effect on crime and disorder and public nuisance in Caroline Street. She confirmed that with the inclusion of the additional conditions proposed by SWP the application could be considered an exceptional one which would seek to tackle the issues that the CIP was seeking to address. Speaking on behalf of the Licensing Authority, Malcolm Caldicott explained the reasons why the Authority was objecting to the application. He noted that the CIP had been adopted for the City Centre due to high levels of alcohol related crime and disorder, in the interests of public safety and the avoidance of nuisance. He added that applications would be refused unless the applicant could demonstrate the business would no longer have a negative effect on any of the licensing objectives. Mr Caldicott referred to the fact that the application made no reference to CIP or SLP and the application was categorised as a Red Category for being a Fast-Food and takeaway business. Takeaways and fast-food outlets attracted large numbers of intoxicated individuals which led to problems of crime and disorder in and around those premises (supported by high levels of recorded crime and Health Board data). He referred to the fact that there was also a high number of home delivery riders congregating outside premises in the early hours of the morning, the premises was situated close to residential units and that a venue with 5.00 am hours would result in an increase in public nuisance. The Licensing representative explained that a complaint had been received on 13 May 2024. A visit had been made to the premises at 2pm on 14 May 2024 (premises was closed but signage stated open until 2am Mon-Thurs and late on weekends. A phone call was made and an email sent to the owner on 15 May 2024. Letters were sent regarding trading without a licence. The applicant was spoken to about the need to apply for a LNR licence and informed they were operating past 11.00 am against Licensing Act 2003. The Applicant assured the premises would close at 11.00 pm. Mr Caldicott stated that there were continued allegations of trading without a licence and a Test purchase was therefore carried out by Licensing Enforcement Officers on 17 May 2024 23:40 hours. Officers witnessed customers entering the premises and at 23:28 hours 25.06.2024 hot food being sold. A photo was taken and pocket book notes entered (staff then noticed officers and came from behind the service counter and stopped more customers from entering). Signage had been changed to say closes at 11pm. The local authority had interviewed the Applicant under PACE and the case remained an ongoing investigation pending potential legal proceedings. Responding to questions, the Licensing representative agreed that the 12 conditions from SWP were good and he could understand they would have a positive impact on the premises and Caroline Street. However, he referred to the fact that just one condition to close at 11.00 pm had not been managed, it was an extra premises in the area, a new licence and the CIP needed to be examined. The Applicant was asked about the allegations of trading without a licence as he had stated earlier that there had been no issues. He responded that there had been a couple of incidents but the manager in charge of the premises at the time of the complaints had since left. Summing Up Claire Dewhurst, SWP reiterated that If applicant adhered to conditions to address the concerns of the CIP the applicant would contribute to providing a good service in the area and if they had SIA staff and an Event condition, a radio condition and CCTV it would help Caroline Street immensely. She suggested going forwards the Sub Committee examining historical licenses in that area to ensure the conditions were up to date. Malcolm Caldicott, Licensing Authority, stated that the CIP was is in place for new premises but it did not cover old licences. He noted that the complaints from the premises prior to it being licensed were of concern. He queried whether the additional 12 conditions would be managed effectively if just one condition of closing at 11.00 pm had not been managed. The Applicant stated that the Application was an exceptional case and the premises had a long history of providing late night refreshment in the area. He added that the conditions were quite stringent and any enforcement action, if not adhered to, would be severe. The company would work with the police and the council to ensure safe customer service in the area. He stated that the premises would contribute positively to the disbursement of customers in the area and that CCTV, bright lighting and SIA door supervisors were in place (which was not the case in most units in Caroline Street). Decision RESOLVED – That the Sub Committee, having considered the application on its individual merits, all the committee papers, the statutory guidance made under section 182 of the Licensing Act 2003, the Council’s Statement of Licensing Policy and Cumulative Impact Assessment, 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, GRANTED the application. Members noted that South Wales Police, Environmental Health Pollution Control and the Licensing Authority, acting in their capacity as a Responsible Authority, objected to the application. South Wales Police and Environmental Health put forward a number of conditions that, if granted, would like applied to the licence. These conditions had been agreed by the applicant. The Sub Committee acknowledged that the premises was subject to enforcement action by the Shared Regulatory Services and noted that action was taken by the owner to ensure that the management responsible no longer worked at the premises. Members considered that the additional conditions agreed by the applicant could help to mitigate the issues in Caroline Street, as outlined in Claire Dewhurst’s presentation. Members carefully considered all the representations and felt that the additional conditions agreed with South Wales Police would not negatively impact the licensing objectives or add to the negative cumulative impact in the area.
None.
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