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RESOLVED – That the Sub Committee, having considered the application in accordance with the Licensing Act 2003, the statutory guidance issued under Section 182 of the Act, and the Council’s Statement of Licensing Policy, REFUSED the application. The Sub-Committee heard from the Pollution Control Officer and considered all of the oral and written evidence presented at the hearing. The Sub-Committee gave regard to the Licensing Act 2003, the Statutory Guidance issued under Section 182 of the Act and the Council's Statement of Licensing Policy. Members further noted that the applicant did not attend the hearing and was therefore unable to address the concerns raised within the representations or answer questions from the Sub Committee regarding the operation of the premises during the extended hours sought. The Sub-Committee attached significant weight to the representations made by Pollution Control. Members accepted Ms Jones' evidence that the premises is situated within a residential area and that the proposed operating hours would extend activity at the premises into the early hours of the morning when nearby residents would reasonably expect a greater degree of peace and quiet. Members carefully considered the concerns relating to delivery drivers and associated vehicle movements. Whilst the applicant had proposed that delivery drivers be permitted to wait inside the premises, Members were not satisfied that this measure adequately addressed the wider impact of vehicles arriving and departing from the premises throughout the proposed operating period. Members accepted the evidence presented by Ms Jones that complaints relating to delivery drivers and riders are a recognised issue associated with late-night takeaway premises and considered that there remained a genuine risk of disturbance to nearby residents. The Sub-Committee also considered the written representations submitted by other persons. Members attached weight to the concerns expressed regarding noise disturbance, delivery activity and the effect that extended late-night trading may have on residential amenity in the surrounding area. Members noted that South Wales Police had withdrawn their representation following agreement with the applicant in respect of additional conditions. However, Members were satisfied that the concerns relating to the prevention of public nuisance remained unresolved. The Sub-Committee noted the discussion regarding nuisance odours. Whilst no complaints had been received by Pollution Control in respect of cooking smells from the premises, Members considered that the principal issue before them was the likely impact of extended operating hours and associated delivery activity rather than odour nuisance. Having considered all of the evidence before it, the Sub-Committee was not satisfied that the application would promote the licensing objective of the prevention of public nuisance.
No declarations of interest.
Y penderfyniad fel y'i cofnodwyd
RESOLVED – That the Sub Committee, having considered the application in accordance with the Licensing Act 2003, the statutory guidance issued under Section 182 of the Act, and the Council’s Statement of Licensing Policy, REFUSED the application. The Sub-Committee heard from the Pollution Control Officer and considered all of the oral and written evidence presented at the hearing. The Sub-Committee gave regard to the Licensing Act 2003, the Statutory Guidance issued under Section 182 of the Act and the Council's Statement of Licensing Policy. Members further noted that the applicant did not attend the hearing and was therefore unable to address the concerns raised within the representations or answer questions from the Sub Committee regarding the operation of the premises during the extended hours sought. The Sub-Committee attached significant weight to the representations made by Pollution Control. Members accepted Ms Jones' evidence that the premises is situated within a residential area and that the proposed operating hours would extend activity at the premises into the early hours of the morning when nearby residents would reasonably expect a greater degree of peace and quiet. Members carefully considered the concerns relating to delivery drivers and associated vehicle movements. Whilst the applicant had proposed that delivery drivers be permitted to wait inside the premises, Members were not satisfied that this measure adequately addressed the wider impact of vehicles arriving and departing from the premises throughout the proposed operating period. Members accepted the evidence presented by Ms Jones that complaints relating to delivery drivers and riders are a recognised issue associated with late-night takeaway premises and considered that there remained a genuine risk of disturbance to nearby residents. The Sub-Committee also considered the written representations submitted by other persons. Members attached weight to the concerns expressed regarding noise disturbance, delivery activity and the effect that extended late-night trading may have on residential amenity in the surrounding area. Members noted that South Wales Police had withdrawn their representation following agreement with the applicant in respect of additional conditions. However, Members were satisfied that the concerns relating to the prevention of public nuisance remained unresolved. The Sub-Committee noted the discussion regarding nuisance odours. Whilst no complaints had been received by Pollution Control in respect of cooking smells from the premises, Members considered that the principal issue before them was the likely impact of extended operating hours and associated delivery activity rather than odour nuisance. Having considered all of the evidence before it, the Sub-Committee was not satisfied that the application would promote the licensing objective of the prevention of public nuisance.
Present: Applicant: Did not attend Responsible Authority: Gillian Jones, Pollution Control The Application An application for the grant of a Premises Licence was received from Akshay Patel & Kashyap Pansuriya in respect of Holmesdale Fish Bar, 66 Holmesdale Street, Grangetown, Cardiff. The applicant applied for the following: (1) In respect of the following licensable activities: (i) The provision of late night refreshment (indoors & outdoors). (2) Description of Premises (as stated by applicant): “Ground floor takeaway fish and chip shop with customer waiting area, food preparation area, kitchen, storage and staff facilities. The premises operates as a takeaway serving fish and chips, burgers, fries, gyros, rice bowls and non-alcoholic drinks. The premises is open to the public from 12:00 noon until 10:00pm for takeaway services. After 10:00pm, the premises operates for online delivery orders only”. (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 Saturday: 11:00 to 02:00 hours Dan Cook, Licensing Manager, provided an overview of the application. Members were advised that the application sought to provide late night refreshment from 2300 to 0200 hours Monday to Saturday. Following receipt representations from South Wales Police the applicant has agreed to accept a number of conditions. South Wales Police subsequent withdrew their representation. Members were asked to consider the written representations received from Pollution Control representations and local residents. Reference made to the sale of alcohol in the cover was erroneous and Members were asked to disregard this. Responsible Authority Representations The Sub Committee received representations from Gillian Jones of Pollution Control, Shared Regulatory Services. Members were advised that despite the conversations that had taken place with the applicant no agreement had been reached and her written representation was still valid. It had not been possible to resolve the main concerns from Pollution Control – that the premises was located in a residential area and the application was contrary to the licensing objection to promote the prevention of public nuisance. Ms Jones stated that in her experience similar premises operating beyond midnight at other locations in the city resulted in regular complaints regarding noise nuisance. Permitting the application to operate beyond midnight represented an intensification of the use of the premises and would fundamental change the nature of a quiet residential street. Residents lived immediately adjacent to the premises and would be subject to disturbance. Concerns were also raised regarding the potential for nuisance to be caused from cooking odours later into the evening. The Sub-Committee also considered the written representations submitted by other persons. Members noted that concerns had been raised regarding noise disturbance, delivery drivers congregating in the vicinity of the premises, vehicle movements, nuisance odours and the effect that the proposed operating hours may have on the amenity of nearby residents. RESOLVED – That the Sub Committee, having considered the application in accordance with the Licensing Act 2003, the statutory guidance issued under Section 182 of the Act, and the Council’s Statement of Licensing Policy, REFUSED the application. The Sub-Committee heard from the Pollution Control Officer and considered all of the oral and written evidence presented at the hearing. The Sub-Committee gave regard to the Licensing Act 2003, the Statutory Guidance issued under Section 182 of the Act and the Council's Statement of Licensing Policy. Members further noted that the applicant did not attend the hearing and was therefore unable to address the concerns raised within the representations or answer questions from the Sub Committee regarding the operation of the premises during the extended hours sought. The Sub-Committee attached significant weight to the representations made by Pollution Control. Members accepted Ms Jones' evidence that the premises is situated within a residential area and that the proposed operating hours would extend activity at the premises into the early hours of the morning when nearby residents would reasonably expect a greater degree of peace and quiet. Members carefully considered the concerns relating to delivery drivers and associated vehicle movements. Whilst the applicant had proposed that delivery drivers be permitted to wait inside the premises, Members were not satisfied that this measure adequately addressed the wider impact of vehicles arriving and departing from the premises throughout the proposed operating period. Members accepted the evidence presented by Ms Jones that complaints relating to delivery drivers and riders are a recognised issue associated with late-night takeaway premises and considered that there remained a genuine risk of disturbance to nearby residents. The Sub-Committee also considered the written representations submitted by other persons. Members attached weight to the concerns expressed regarding noise disturbance, delivery activity and the effect that extended late-night trading may have on residential amenity in the surrounding area. Members noted that South Wales Police had withdrawn their representation following agreement with the applicant in respect of additional conditions. However, Members were satisfied that the concerns relating to the prevention of public nuisance remained unresolved. The Sub-Committee noted the discussion regarding nuisance odours. Whilst no complaints had been received by Pollution Control in respect of cooking smells from the premises, Members considered that the principal issue before them was the likely impact of extended operating hours and associated delivery activity rather than odour nuisance. Having considered all of the evidence before it, the Sub-Committee was not satisfied that the application would promote the licensing objective of the prevention of public nuisance.
No urgent items.
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