Location: Council Chamber, Daneshill House, Danestrete, SG1
Present: Members: Councillors H.C.L. Tessier (Chair), C. Latif (Vice-Chair), T.G.M. Kent, CC, P.D. Kissane, and E. Knight.
Others: Mr. I. Ahmed - Applicant - King Rooster Mr. L. Ponte - Counsel, King Rooster Sergeant J. Moatt - Hertfordshire Constabulary Alan Crease - Environmental Health, Stevenage Borough Council Emma Rose - Licensing Officer, Stevenage Borough Council Philip Westmacott - Legal Advisor, Stevenage Borough Council Lisa Jerome - Committee Clerk, Stevenage Borough Council.
Duration:
Start Time: 6.00pm
End Time: 7.20pm
Status: Noted
Business: Apologies for absence were submitted on behalf of Councillors D.W. Cullen, B. Jackson, J. Lloyd, CC, M. Notley, M.P. Patston, J.A. Pickersgill, Mrs. L.G. Strange and P. Stuart.
There were no declarations of interest.
Decision:
Status: Noted
Business: All parties noted the procedure for the hearing, which had been circulated with the agenda papers for the meeting.
Decision:
Status: Agreed
Business: The Clerk introduced the applicant, the applicant's agent and the objectors present at the hearing.
The Chair welcomed all parties to the hearing and introduced the Members of the Committee and officers in attendance.
The Licensing Officer stated that the application to be considered was for the variation of a premises licence under Section 34 of the Licensing Act 2003 in respect of King Rooster, 19 Town Square, Stevenage.
The Licensing Officer advised that the premises was a fast food takeaway shop and the applicants were entitled to have the existing Late Night Refreshment Houses Act (LNRH) licence converted to a premises licence. Any premises that provides hot food and/or drink after 23:00 hours requires a premises licence under the Licensing Act 2003. The current LNRH licence at King Rooster allowed the provision of hot food and/or drink until 01:00 hours on each day of the week.
The Licensing Officer explained that the application sought to permit the provision of hot food and/or drink at the following times:-
Monday, Tuesday, Thursday - until 01:00 hours
Wednesday, Friday, Saturday and Bank Holidays - until 03:00 hours
Sunday - until 02:30 hours.
The Licensing Officer advised that the applicant had confirmed that Bank Holidays referred to Sundays only.
It was noted that representations had been received from Environmental Health and the Police and these centered around the Prevention of Crime and Disorder and the Prevention of Public Nuisance.
The Chair then invited the Police to address the meeting.
The Police advised that none of the public houses in the vicinity were due to remain open past 02:00 hours. The Police also informed the hearing of the number of incidents that had been logged since 2004, which had taken place both in and directly outside of the premises.
The Police's main concern was that by extending the hours it would exacerbate the issues of disorder. The premises attracted drunken customers who attend the premises to eat late at night. The traffic sign laws were also often broken with cars driving into the bus station to park outside the premises.
The Police also had concerns regarding the support of the management of the premises for the Police. Examples were given where they had not received full assistance from the employees of the premises.
The Chair then invited Environmental Health to address the meeting.
In relation to the prevention of crime and disorder, the Environmental Health Officer advised that the current closing time for the premises was set following consultation with the local Police as it was considered to be a focus for potential late-night/early hours of the morning disturbances. Patrons would emerge from the cluster of pubs in the Plaza and tend to congregate around any take-away that was still open.
In relation to the prevention of public nuisance, Environmental Health had advised that the applicant should prepare and operate the premises in accordance with a Litter Management Plan, so as to minimise the spread of wrappers and sundry papers that might be deposited around the town centre.
The Chair then invited the applicant/applicants agent to address the meeting.
The applicant's agent advised that as the King Rooster was situated adjacent to McDonalds it was important that the late opening hours be applied for as a large part of King Rooster's business happened once McDonalds had closed.
Mr. Ahmed was prepared to take the unusual step of employing 2 door staff for the premises for the late night hours. The applicant also advised that he would be prepared to run a take-away only business from 1am.
In terms of non-cooperation with the police, this was refuted as the applicant claimed that no summons had ever been received by a member of his staff.
Concern was also expressed regarding the ability of other take-away premises in the area to stay open later as they were only proposing to sell cold food and drinks which did not require a licence under the 2003 Act.
After each party had summed up their case, the Chair asked the applicant, applicant's agent, Police Officer and Licensing Officer to leave the meeting whilst the Committee considered the evidence presented.
Following due consideration, all parties were invited back into the meeting.
After taking into consideration all the evidence presented from the applicant and objectors in the light of the four objectives set out in the Licensing Act 2003, the Human Rights Act 1988, and the Council's Local Licensing Policy, it was RESOLVED:-
Decision: That the application made by Mr. I. Ahmed, under Section 34 of the Licensing Act 2003 to vary the premises licence for King Rooster, Town Square, Stevenage be approved, as per the conditions stated in the applicant's operating schedule and with the following additions/variations:-
(i) That from 23:00 hours until the premises closes on Wednesdays, Fridays, Saturdays and Sundays there will be two SIA registered door supervisors on duty at the premises;
(ii) That there will be a take away only service from 01:00 hours;
(iii) That a litter management plan be agreed with Environmental Health prior to the 24th November and thereafter be implemented.
Reason for Decision: In pursuance of the Licensing Objectives of the prevention of crime and disorder and the prevention of public nuisance.
Before closing the hearing, the Chair reminded all parties of their right to appeal to the Magistrates Court should they be aggrieved with any part of the above decision.