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

The Hearing Panel were informed that all representations had been agreed and withdrawn, and therefore no decision was necessary.

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

The Hearing Panel considered the report from the Directorof Planning, Building Control and Licensing regarding the above applications.The written papers and oral representations of the parties who attended were also considered, as well as the relevant legislation. The Chair used the agreed procedure to conduct the hearing.

The applicant addressed the Hearing Panel, noting they were applying for a late-night licence until 5.00am. The applicant accepted they had been opening until 5.00am without the necessary licence for around a year. They stated they were unaware of the need for a licence to operate a takeaway until this time but once made aware by a council officer, they stopped. The takeaway mainly operates through takeaways rather than in-store customers. The applicant noted that the objections centred on noise and gave assurances to the panel that there would be no noise. The applicant stated they could hire a manager for the late nights that has experience of managing noise levels. The applicant stated they were part of the community, living locally and would not want to cause unnecessary disruption to other residents.

The panel queried if the Premises had received any complaints when open until 5.00am, why they wanted to open till that time, how they would mitigate the noise of delivery drivers and if any other local businesses were open till a similar time. The applicant said they had received no complaints. They wanted to open until 5.00am as there was a potential for extra business in those hours. They would mitigate the noise of delivery drivers by only using drivers employed by the business, rather than external operators. Those drivers only drive either a hybrid car or electric bike, which make less noise. The applicant stated there was two local petrol stations that were open for 24 hours. They noted their willingness to work with local people.

The panel’s legal representative queried if the premises would be open from 11pm to 5.00am for deliveries only, or if customers could walk-in too. The applicant confirmed it would be for walk-ins and deliveries.

LOOH queried the current operating hours, the number of staff they would employ at night and how they would manage noise within the Premises. The applicant stated they currently open from 5.00am until 11.00pm. They would have two staff on-site, with three delivery drivers working after 11.00pm. The staff employed on-site would be SIA trained. Staff would be trained in managing noise emanation from the premises. The applicant noted they had previously operated an Off Licence.

LOOH addressed the Hearing Panel, noting their concerns that the application would become a cause of public nuisance. They noted this was a residential area which was quiet over night and this application would only increase disturbance. LOOH had concerns over both deliveries and walk-in customers creating further noise. LOOH noted that no other Premises had a licence until that time in the area.

The panel’s legal representative queried how LOOH became aware of the premises operating until 5.00am. LOOH confirmed  ...  view the full minutes text for item 109.

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

The Hearing Panel were informed that all representations had been agreed and withdrawn, and therefore no decision was necessary.

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

The Hearing Panel considered the report from the Directorof Planning, Building Control and Licensing regarding the above applications.The written papers and oral representations of the parties who attended were also considered, as well as the relevant legislation. The Chair used the agreed procedure to conduct the hearing.

The applicant addressed the Hearing Panel, stating that they wanted to amend their hours. They were an experienced operator who had run their shop for a while. They had never had any issues with customers and never received any complaints. There were similar premises in the area with similar licenses to the one applied for. The applicant noted there were no residents close to the premises except in the flat above the shop where a member of staff from the shop lived.

The panel asked the applicant to confirm that the current hours and requested hours were as printed in the report. They confirmed that was correct.

The applicant summed up that they were an experienced operator who managed the shop well.

In their deliberations, the Hearing Panel considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under Section 182 of that Act and the licensing objectives. The panel were satisfied that they had seen no evidence of any issues caused by the premises. The panel noted the lack of representation from any responsible authority. The panel did note the one representation received from a local resident.

Decision

To grant the variation as applied for.

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

The Hearing Panel were informed that all representations had been agreed and withdrawn, and therefore no decision was necessary.