The report of the Head of Planning, Building Control and Licensing is enclosed.

The Hearing Panel considered a report from the Director of Planning, Building Control and Licensing concerning an application for a New Premises Licence. The Hearing Panel considered the written papers of the parties submitted and the oral representations of the parties who attended, as well as the relevant legislation.

Licensing Out of Hours (LOOH) applied for the review, attended the hearing and addressed the Hearing Panel, stating that there were floor plans and photographs submitted to indicate the nature of the outside covered area at Parkway Sandwich Bar which had been an area of concern. This area was regularly used for shisha smoking and as such, had to be 50% open to the elements at a minimum. On numerous visits to the premises, LOOH had found customers using the shisha area whilst it was not sufficiently open to the elements. LOOH had offered support in being compliant in this way a number of times. Other repeated issues LOOH had attended the premises for were regarding noise breakout and loud music from DJs. On one visit, an upstairs neighbour complained about the noise form the premises and LOOH could hear the music from Sandy Lane as they approached, which was a clear indication of extremely loud music. On this visit, LOOH spoke to the PLH, Mr G Tayebi who agreed to lower the volume. At this point LOOH noticed shisha use in the outdoor area whilst not 50% open to the elements. This was also discussed with Mr Tayebi about keeping the area open. It was noted that keeping homeless people out of the shelter could be an issue. Essentially, LOOH felt that the DPS was not in good control of the premises and licensing objectives were being undermined. It transpired that the DPS was only attached to the licence by name. LOOH have recommended a smoke-free course to Mr Tayebi. LOOH presented a chronology of visits:

20 January 2024 – Discussed a number of breaches regarding smoking, noise and loud bass.

23 February 2024 – A Health Act warning letter was sent to the premises and 5 days later the Health Act was again breached by used of shisha in an enclosed area.

6, 10 and 17 March 2024 – further breaches due to shisha use in an enclosed space.

18 March 2024 – A letter was sent regarding the Health Act breach and to arrange a visit.

23 March 2024 – A visit was made to the premises and there were fire safety breaches and an action plan laid out to counter this. It was also noted that insulation had been removed from between the premises and the upstairs yoga studio which would need replacing. It was accepted that this was removed by the previous licence holder.

9 and 10 April 2024 – Noise nuisance with LOOH able to attend on 9 April only.

Following this there were some improvements and Mr Tayebi booked onto a course.

Mr Tayebi did not attend the course.

12 May 2024 – further  ...  view the full minutes text for item 75.

Now contains additional evidence as submmited by the applicant’s agent.

The applicant’s legal representative, Mr Dixon explained that they had submitted additional documentation which had not been passed on for publication. Mr Dixon explained that they were hoping to rely on this documentation for the hearing and requested that the hearing be moved to a later date to give time for all documentation to be submitted, published and considered in good time for the next hearing.

The Hearing Panel determined that this was a reasonable request and to go ahead without the documentation would be an impediment to the applicant’s application.

Decision

To defer the hearing until 6 January 2025.