To consider an application for a new Premises Licence in respect of ‘Marmaris Kebab House, 21 Union Street, Hereford, HR1 2BT’, previously adjourned from the meeting of 24 April 2013.

The Sub-Committee considered an application for a new premises licence at 59 Commercial Road, Hereford.

The Chairman read out the guidance note and asked all parties to introduce themselves. He also heard any requests for an extension to the 10 minutes normally permitted for parties to make their representations. No requests were made.

The Licensing Manager presented her report and drew Members’ attention to two errors within it. Firstly she requested that the reference to a police review be removed and also advised that under paragraph 9.3 the terminal time for licensed activity should be amended from 2:00 am to 1:30 am. She also noted that the applicant had not made reference to the non-standard timings within his advertisement and that therefore this part of the application could not be granted.

James Mooney, representing West Mercia Police, addressed the Sub-Committee in objection to the application. He drew the Sub-Committee’s attention to a number of verbal and written warnings given to the applicant for opening past his licenced hours. He advised Members that the premises were very close to the Cumulative Impact Zone but was not inside it, as the Licensing Authority had stated. He gave Members detailed statistics regarding the high level of alcohol related crime and disorder in the area and requested that the application be refused.

Fred Spriggs, representing the Licensing Authority, also addressed the Sub-Committee in objection to the application. He stated that he believed that the premises were inside the Cumulative Impact Zone although there was a stated case which also advised Councils to consider premises near to a CIZ. He gave members details of the previous licence at the premises which had been surrendered in December 2012 after the current applicant had failed to transfer the licence despite repeated requests from the Licensing Authority. He gave the Sub-Committee details of the breaches that had occurred at the premises with the most recent being on 20 April 2013. He confirmed that there had been no further breaches since April. He requested that if the Committee were minded to approve the application they considered appropriate conditions in order to promote the licensing objectives.

Bilge Kupeli attended the hearing as a translator for Murat Polat, the applicant. She advised that Mr Polat accepted what he had done wrong but did not understand the letters that he had received and could not afford to take appropriate legal advice. She advised the Sub-Committee that she had now translated all correspondence and he had a clearer understanding of his responsibilities. She added that this was Mr Polat’s first licence application and that she had assisted him over the last 6 weeks, hence why there had been no further breaches at the premises.

Mr Mooney confirmed that the police had initially recommended conditions and that a letter had been received from Mr Polat on 11 March 2013 stating that he was happy to agree to these conditions.

In response to a question from the Senior Litigator, Ms Kupeli advised that there would not be anyone employed in the shop who could speak English.

In response to a question regarding the transfer of the licence, Mr Spriggs advised that there was a specific time that the transfer had to be completed by. In this case the transfer had not been done and the licence had expired.

The Sub-Committee retired to make its decision. On its return the Senior Litigator read out the decision. The Sub-Committee voiced its concern that there would be no English speakers on the premises in case of an emergency. They noted that there was some disagreement as to whether the site was inside or outside of the Cumulative Impact Zone but stated that this had not had an impact on the decision made. Finally the Sub-Committee stated that they could not consider the application for non-standard timings as the details had been omitted from the advertisement.

RESOLVED

THAT the premises licence in respect of Marmaris Kebab House be granted subject to the following conditions.

All conditions to be put in place prior to the premises opening after 11:00 pm on any night of the week.

·         CCTV will be provided in the form of a recordable system, capable of providing pictures of EVIDENTIAL QUALITY in all lighting conditions particularly facial recognition.

Cameras shall encompass all ingress and egress to the premises.

Equipment MUST be maintained in good working order, be correctly time and date stamped, recordings MUST be kept in date order, numbered sequentially and kept for a period of 31 days and handed to Police on demand (provided that the police will allow reasonable time for the recording to be obtained in the event that the request for recordings is made at a time when the premises are closed.

The Recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or other responsible named individual.

In the event of technical failure of the CCTV equipment the Premises Licence holder/DPS MUST report the failure to the Police on contact number 0300 333 3000 immediately.

OR:

·         On Friday and Saturday nights from 11.00 pm, two SIA Licensed Door Supervisors will be employed at the premises until the termination of licensable activities. When employed externally door staff shall wear high visibility reflective jackets or vests.

·         An incident log must be kept at the premises, and made immediately available on request to an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003), an authorised Herefordshire Trading Standards Officer or the Police, which must record the following:

            (a) all crimes reported to the venue

            (b) all ejections of patrons

            (c) any complaints received

            (d) any incidents of disorder

            (e) seizures of drugs or offensive weapons

            (f) any faults in the CCTV system

            (g) any visit by a relevant authority or emergency service

·         Prominent, clear and legible signage (in not less than 32 font bold) shall be displayed at all exists to the premises requesting the public to respect the needs of local residents and to leave the premises quietly.

·         The Premises Licence holder will ensure that the area immediately outside the premises is regularly checked for litter during operating hours and at the end of operating hours and that any litter found is disposed of appropriately.

·         The Premises Licence Holder and staff will not permit alcohol to be consumed on the premises.