Licensing Act 2003 - Wolverhampton City Council

Agenda Item No:
Wolverhampton City Council
OPEN DECISION ITEM
Committee / Panel
LICENSING SUB-COMMITTEE
Originating Service Group(s)
REGENERATION & ENVIRONMENT
ENVIRONMENTAL SERVICES
Contact Officer(s)/
E MORETON
5033
Telephone Number(s)
Title/Subject Matter
4
Date
02.08.2006
LICENSING ACT 2003
APPLICATION FOR A VARIATION OF A
PREMISES LICENCE IN RESPECT OF PENN TANDOORI
RESTAURANT, 272 PENN ROAD, WOLVERHAMPTON
Recommendation
Members are requested to consider this application for a variation of a Premises Licence.
U1ES1307 EM.doc
APPLICATION FOR A VARIATION OF A PREMISES
LICENCE IN RESPECT OF PENN TANDOORI RESTAURANT,
272 PENN ROAD, WOLVERHAMPTON
1.0
Purpose of Report
1.1
To submit for consideration by the Sub-Committee an application for a variation of a
Premises Licence.
2.0
Background
2.1
An application has been received from Manby & Steward Solicitors on behalf of Rois
Miah for a variation of a Premises Licence in respect of Penn Tandoori Restaurant,
272 Penn Road, Wolverhampton WV4 4AD. A copy of the application is attached at
Appendix 1. The premises are in the Penn Ward and a location plan is attached at
Appendix 2.
2.2
An application to convert their existing licence was lodged on 28 July 2005. No
representations were made by the Police, therefore the Premises Licence was granted.
(See Appendix 3).
2.3
The application to vary is in respect of late night refreshment and the sale of alcohol by
retail.
2.4
The restaurant, the subject of the application, currently has a premises licence which
permits licensable activities as detailed below. Details of the variation applied for are
also detailed below.
Licensable Activities
Existing
Proposed Variation
Late Night Refreshment
None
Mon-Thurs
Fri-Sat
Sun
1100 - 0000
1100 - 0130
1200 - 0000
Sale of Alcohol by Retail
on the premises
Mon-Sat
Sun
1000 - 0000
1200 - 2330
Mon – Thurs 1100 - 0000
Fri-Sat
1100 - 0130
Sun
1200 - 0000
Non-Standard Timings
Good Friday
1200 - 2330
Christmas Day 1200 - 2330
Good Friday 1200 - 2230
Xmas Day 1200 - 2230
Nw Yr's Eve 1100 - 0130
(if not a Fri-Sat)
Open Hours
Mon-Sat
1000 - 0000
Sun
1000 - 2330
Mon-Thurs
Fri-Sat
Sun
1100 - 0030
1100 - 0200
1200 - 0030
2.5
The precise details of what has been applied for can be found within the operating
schedule of the application (Appendix 1 at pages 2-20).
2.6
It is the understanding of the Licensing Authority that the application to vary this
Premises Licence has been properly made. The statutory requirement to give notice of
the application has also been complied with.
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2.7
No relevant representations have been received from the Police, Trading Standards,
Environmental Health, Social Services or any interested parties, namely persons in the
vicinity of the premises.
2.8
The West Midlands Fire Service have made relevant representations and are objecting
to this application. A copy of their letter is attached at Appendix 4.
2.9
On 12 July 2006 Members resolved to adjourn the hearing until 2 August 2006 in order
for the work to be carried out in accordance with the recommendations of the West
Midlands Fire Service.
2.10
The applicant, the applicants solicitor and West Midlands Fire Service have been invited
to attend this hearing.
3.0
Local Authority’s Powers
3.1
All applications shall be determined in accordance with the four licensing objectives
namely:
•
•
•
•
The prevention of crime and disorder;
Public safety;
The prevention of public nuisance;
The protection of children from harm.
Regard shall be had to guidance issued by the Secretary of State under Section 182 of
the Licensing Act 2003 and Wolverhampton City Council’s Licensing Policy Statement.
4.0
Human Rights Implications
4.1
This report has human rights implications for both the applicants and the residents from
the local neighbourhood. Refusal of a licence may have financial implications for a
licensee’s business and livelihood whereas granting a licence may have impact upon the
day to day lives of residents living in close proximity to the premises and the safety of
those employed at the premises and attending them.
4.2
Article 8(i) of the European Convention of Human Rights provides that everyone has the
right to respect for his/her private and family life and his/her home (which includes
business premises). This right may be interfered with by the Council on a number of
grounds including the protection of rights and freedoms of others. The First Protocol –
Article 1 – also provides that every person is entitled to the peaceful enjoyment of his
possessions and shall not be deprived of his possessions except in the public interest
and conditions provided for by law. Members must accordingly make a decision which is
proportionate to the hearing and endeavour to find a balance between the rights of the
applicant, residents and the community as a whole.
5.0
Resource Implications
5.1
There are no financial implications arising from this report.
6.0
Equalities Implications
6.1
This report does not have any equality implications.
7.0
Environmental Implications
7.1
This report has environmental implications.
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Appendix 3
Premises Licence Summary
Issued in accordance with The Licensing Act 2003
Name of Premises:
Penn Tandoori Restaurant
Address of Premises:
272 Penn Road
Penn
WOLVERHAMPTON
WV4 4AD
Premises Licence Number:
WN/05/004799
Date Licence Granted:
28/09/2005
1. Opening hours of the premises
Normal Hours: Monday to Saturday 1000 - 0000 hours
Sundays 1000 - 2330 hours
Non Standard Hours: See premises licence
2. Licensable activities authorised by the licence
•
Sale/Supply of alcohol on the premises
3. Name of the designated premises supervisor if the sale of alcohol
is involved
Rois Miah
Personal Licence Number WS/PEL/0231
Issued by Walsall M B C
4. Is access to the premises by children restricted or prohibited
Unaccompanied children are not permitted in the premises.
Provision only as prohibited or restricted under the Licensing Act 2003.
5. Name, (registered) address of the holder of the premises licence
Rois Miah
29 Wood Street
Darlaston
WS10 9RS
N.P. Edwards
Chief Environmental Services Officer
On behalf of Wolverhampton City Council
Premises Licence
Issued in accordance with The Licensing Act 2003
Name of Premises:
Penn Tandoori Restaurant
Address of Premises:
272 Penn Road
Penn
WOLVERHAMPTON
WV4 4AD
Premises Licence Number:
WN/05/004799
Date Licence Granted:
28/09/2005
1. Opening hours of the premises
Normal Hours: Monday to Saturday 1000 - 0000 hours
Sundays 1000 - 2330 hours
Seasonal Variations: None
Non Standard Hours: Christmas Day 12noon - 2230 hours
2. Licensable activities authorised by the licence and the times the
licence authorises the carrying out of these activities
Activity: Sale/Supply of alcohol on the premises
Normal Hours: Monday to Saturday 1000 - 0000 hours
Sundays 12noon - 2330 hours
Seasonal Variations: None
Non Standard Hours: Good Friday 12noon - 2330 hours
Christmas Day 12noon - 2330 hours
3. Name of the designated premises supervisor if the sale of alcohol
is involved
Rois Miah
Personal Licence Number WS/PEL/0231
Issued by Walsall M B C
4. Is access to the premises by children restricted or prohibited
Unaccompanied children are not permitted in the premises.
Provision only as prohibited or restricted under the Licensing Act 2003.
5. Name, (registered) address of the holder of the premises licence
Rois Miah
29 Wood Street
Darlaston
WS10 9RS
N.P. Edwards
Chief Environmental Services Officer
On behalf of Wolverhampton City Council
Mandatory Conditions
Mandatory conditions where licence authorises supply of alcohol
(1) Where a premises licence authorises the supply of alcohol, the licence must include the following conditions:
(2) The first condition is that no supply of alcohol may be made under the premises licence:(a)
At a time when there is no designated premises supervisor in respect of the premises licence, or
(b)
At a time when the designated premises supervisor does not hold a personal licence or his
personal licence is suspended
(3) The second condition is that every supply of alcohol under the premises licence must be made or authorised
by a person who holds a personal licence.
Conditions consistent with the Operating Schedule
General
The part IV Restaurant licence is subject to conditions imposed by Section 94 of the Licensing
Act 1964 as follows:(a) a condition that intoxicating liquor shall not be sold or supplied the premises otherwise
than to persons taking table meals there and for consumption by such a person as an
ancillary to his meal.
(b) an implied condition that suitable beverages other than intoxicating liquor (including
drinking water) shall be equally available for consumption with or otherwise as an
ancillary to meals served in licensed premises.
The applicant and the designated premises supervisor will at all times ensure that the premises
are run in a safe and orderly manner and in accordance with the four licensing objectives.
The prevention of crime and disorder
The premises are fully alarmed. The front and rear doors to the premises are secured by 5 lever
locks. The areas around the entrance and the car park at the rear are sufficiently lit to
discourage acts of both nuisance and disorder. The applicant/proposed designated premises
supervisor employs 8 persons who are all over the age of 18 years and fully trained in table
service and restaurant etiquette. The applicant/proposed designated premises supervisor will
immediately seek the assistance of the police if he and his staff were unable to effectively deal
with any patrons who became abusive or disorderly through inebriation or otherwise. The
managements right to refuse admission to any person without disclosing reasons is reserved on
the table menus and notices fixed within the premises.
Public safety
A fully tested emergency lighting facility is in place in the event that there is a loss of power at
the premises and also to assist customers to identify emergency exits quickly. The emergency
exits will be adequately maintained and kept clear at all times. Fire extinguishers and a fire
blanket are strategically positioned within the premises to deal with any fire emergency. The
restaurant has an accident book but no accident or access problems have been encountered on
these premises whilst they have been operated by the applicant/proposed designated premises
supervisor.
The prevention of public nuisance
The applicant/proposed designated premises supervisor instructs and ensures that his staff run
the premises in a safe and orderly manner to prevent any occurrence of public nuisance.
Customers are encouraged to leave the premises and the surrounding parking area in a quiet
and orderly manner. The restaurant has an exemplary record with no complaints of public
nuisance being ascribed to the premises. In the event that patrons wish to discard any litter
there are two litter baskets (council owned) on either side at the front of the premises.
The protection of children from harm
Unaccompanied children are not permitted in the premises. The applicant/proposed designated
premises supervisor operates a strict identification procedure for any young patrons attending
the premises. If any young persons seek to order alcohol with their meal the applicant/proposed
designated premises supervisor and his staff verify that the young patron is over 18 years of
age and when in doubt require picture identification. If any doubt as to the patrons age further
exists, then the patron is not served with alcohol. Children are not permitted to purchase,
acquire or consumer alcohol save for the consumption of beer, porter or cider by a person who
has attained the age of 16 years and it is for consumption at a meal in a part of the restaurant
premises which are set apart for the service of meals as provided for in Section 169D of the
Licensing Act 1964. No persons under the age of 18 years are permitted to serve alcohol at the
premises.
Plans
As submitted with application dated 28 July 2005 and retained by Wolverhampton City Council.