Agenda and minutes

Apologies for absence were submitted on behalf of Councillors Nazmin Chowdhury, John Duncan, Chris Howells, Graham Lawrence CC, Mrs Joan Lloyd, Margaret Notley, Anne Wells and Tom Wren.

There were no declarations of interest.

To approve as a correct record the Minutes of the previous meeting of the Committee held on 3 April 2023.

It was RESOLVED that the Minutes of the meeting of the Licensing Committee held on 3 April 2023 be approved as a correct record and signed by the Chair.

To note the Terms of Reference for the Committee, as agreed by the Annual Council Meeting on 24 May 2023.

It was RESOLVED that the Terms of Reference for the Committee, as agreed by the Annual Council Meeting on 24 May 2023 be noted.

To note the procedure for the hearing of licensing applications.

All parties noted the procedure for the Hearing which had been circulated with the agenda.

To determine an application for the variation of a premises licence for the Taste of India, 48AHigh Street, Stevenage, SG1 3EF.

The Committee considered an application for the variation of a premises licence for the Taste of India, 48A High Street, Stevenage, SG1 3AW.  Representations in respect of the application had been made by the landlord and tenant of 44A, a residential premises located adjacent to the Taste of India.

Representations received by two of the Responsible Authorities, the Local Planning Authority and Environmental Health, had been withdrawn following the agreement of the applicant to amend their application and accept additional conditions set out in paragraph 6.2 of the report to address the concerns of the Responsible Authorities.

The Licensing Officer presented her report to the Committee outlining the facts of the application.  The application was for the provision of hot food/late night refreshment off the premises in addition to on, by way of delivery.  The application also proposed to extend the hour for the provision of late-night refreshment by 30 minutes Friday, Saturday and Sunday, so that late night refreshment would be provided between the hours of 23:00 and 00:00 Friday and Saturday and between 23:00 and 23:30 on a Sunday.

The Committee was informed that the premises was located within the Stevenage Conservation Area and was surrounded by other takeaway food outlets including the Old Town Fish Bar and The Surma Indian Takeaway.

The Licensing Officer advised that the restaurant side of the Taste of India had closed during the COVID pandemic and had not re-opened since this time.  The applicant was unaware that their premises licence did not authorise them for the provision of late night refreshment outside of the premises by way of delivery and he had subsequently submitted this application.

The Committee was advised that the following conditions had been included in the operating schedule in light of the proposed variation:

·         There shall be no delivery of alcohol;

·         The premises shall ensure that all orders taken by the premises will be delivered to a bona fide address;

·         No deliveries shall be made to an open space;

·         Delivery vehicles shall switch off their engines whilst stationary and collecting orders for delivery;

·         Delivery vehicle horns shall not be used except in accordance with the Highway Code;

·         Notices will be displayed at the rear of the premises requesting staff to respect the local residents and to use the area quietly.

The Chair then invited the objectors, the landlords of 44A High Street, to present their case.  Both landlords spoke of their objections which were also made on behalf of their tenant, made under all four of the licensing objectives, their key points being:

·         Concern with regard to the parking of the delivery vehicles underneath the windows of the property at 44A High Street.  Drivers leave their engines running while collecting orders, causing noxious fumes to enter the property.  The family residing in the property have young children and are unable to open the windows to increase ventilation;

·         Rubbish bins are left in the private parking area underneath the windows of 44A causing nuisance with the smell of rotting food  ...  view the full minutes text for item 5.

To consider any Part I business accepted by the Chair as urgent.

None.

To consider the following motions –

1.  That under Section 100(A) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as described in paragraphs1 – 7 of Part 1 of Schedule 12A of the Act as amended by Local Government (Access to Information) (Variation) Order 2006.

2.  That Members consider the reasons for the following reports being in Part II and determine whether or not maintaining the exemption from disclosure of the information contained therein outweighs the public interest in disclosure.

Not required.

To consider any Part II Business accepted by the Chair as urgent.

None.