Agenda and minutes

To elect a Chairman for the meeting and the Chairman to present and explain the procedure for the meeting.

Proposed by Cllr David Shortell, seconded by Cllr Kate Wheller.

Decision: that Cllr Craig Monks be elected as chair for duration of the meeting.

To receive any apologies for absence.

No apologies for absence were received at the meeting.

To disclose any pecuniary, other registrable or non-registrable interests as set out in the adopted Code of Conduct. In making their disclosure councillors are asked to state the agenda item, the nature of the interest and any action they propose to take as part of their declaration.

If required, further advice should be sought from the Monitoring Officer in advance of the meeting.

No declarations of disclosable pecuniary interests were made at the meeting.

An application has been made for a new premises licence for KFC Shaftesbury, 3 Ivy Cross, Shaftesbury, Dorset. The application has been out to public consultation.  A representation has been received.  A Licensing Sub-Committee must consider the application and representations at a public hearing. 

The Senior Licensing Officer introduced the report. The application was brought before the Sub-Committee for determination due to representations made to the Licensing Authority by the Town Council.

She said that the Town Council raised concerns that granting the licence applied for could set a precedent for late-night opening in a residential area, with the potential for increased noise disturbance affecting nearby residents. The applicant had responded to the Town Council concerns and that it was not associated with any public nuisance or any safety issues and there was no evidence that the additional hour would have any negative impact. The Town’s Council decision was made as part of a formal council resolution and therefore the town clerk did not have the power to alter or overturn the decision and there was not enough time to reconsider the matter before the hearing.

Mr Lewis (Regional Manager) and Mr Rees-Gay (Solicitor for KFC) informed the Sub-Committee that the applicant had over 55 years of combined experience across major brands such as, Costa Coffee, Burger King, Taco Bell and KFC. There were currently 111 KFC outlets across the estate. The premises had operated until 11 pm for many years without incident, there had been no representations from neighbouring residential owners and Environmental Health had not submitted any objections. The application sought to extend trading hours by 1 hour and there was no alcohol involved. Mr Rees-Gay added that the premises was well managed, and the applicant proactively engaged with the Town Council offering additional conditions to address concerns. He concluded that the Licensing Authority could review the licence if any issues arise, but he did not anticipate any issues.

Decision:

To GRANT the premises licence with conditions consistent with the Operating Schedule found on Pg 9 of the report.

An application has been made for a new premises licence for Weymouth Pizza Ltd (Papa Johns), Unit 2 Charlestown Local Centre, 396 Chickerell Road, Weymouth. The application has been out to public consultation.  A representation has been received. A Licensing Sub-Committee must therefore consider the application and representation at a public hearing. 

The Senior Licensing Officer addressed the Sub-Committee. The applicant had confirmed that the opening hours on their application were incorrect, and the closing time would be the same as the terminal hour requested for late night refreshment.

The Legal Business Partner – Regulatory Officer provided the Sub-Committee with legal advice as the applicant, and the interested party were not in attendance. He advised that that the meeting could be adjourned if the Councillors decided it was in the public interest. Or alternatively the Sub-Committee could continue with the hearing in the absence of the parties if they considered that sufficient opportunity had been given for them to attend and to take into account of any late running. He also informed that the Environmental Protection Team Leader was present at the meeting and while she was not able to make representation to the Sub-Committee, she could answer questions from the Sub-Committee.

The Sub-Committee decided that the absent parties had sufficient opportunity to attend the meeting and that the meeting would continue.

In response to questions, the Environmental Protection Team Leader explained that it may be possible to distinguish between the smells from Papa Johns and the nearby fish and chip shop. If a complaint was received, it would be investigated in person by an Environmental Health Officer. She was not aware of any complaints in respect of Papa Johns or the fish and chip shop. She explained that mitigation measures could be put in place for example inline filtration and extending the flue height.  She also said that in order for the extraction system to be effective it would need to be properly maintained.

The Senior Licensing Officer confirmed that odour issues did fall within the licensing objective of preventing public nuisance. She said that the applicant had stated that the indoor seating area would only be used by customers waiting to collect their food.

Decision:

To GRANT a premises licence consistent with the operating schedule found on pg 39 of the report and additional conditions set out below:

Odour management

1.The premises licence holder shall ensure that adequate measures are in place to prevent the escape of odour from the premises including from food preparation.

2.The premises licence holder shall ensure that the kitchen extraction system is maintained in accordance with the manufactures maintenance requirements. The premises licence holder shall make records of the maintenance carried out and make these records available for inspection by the licensing officer and/or environmental health officer.

To consider any items of business which the Chairman has had prior notification and considers to be urgent pursuant to section 100B (4) b) of the Local Government Act 1972. The reason for the urgency shall be recorded in the minutes.

There were no urgent items.

To move the exclusion of the press and the public for the following item in view of the likely disclosure of exempt information within the meaning of paragraph 3 of schedule 12 A to the Local Government Act 1972 (as amended). The public and the press will be asked to leave the meeting whilst the item of business is considered.  

There are no exempt items scheduled for this meeting.  

There was no exempt business.