To consider an application for the variation of a Premises Licence in respect of ’Bromyard Kebab and Burger Shop, 3 Cruxwell Street, Bromyard, HR7 4EB.

The Sub-Committee considered an application for a variation to a premises licence at Bromyard Kebab and Burger Shop, Bromyard..

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.

Fred Spriggs, representing the Licensing Authority, addressed the Sub-Committee. He reminded Members of the circumstances that had led to the condition requiring SIA registered door staff if the premises was open after 11pm. He added that since the condition was imposed, the premises had not opened past 11pm so there was no evidence to suggest that it should be removed. He suggested that if the premises were to operate within their licence conditions for a period of six months there would be evidence to back up their application and the licensing authority may be more willing to support the variation.

Mrs Chui Chi Cheng, the applicant, also addressed the Sub-Committee. She advised that the condition was added to the licence after an incident at the premises prior to her family taking over the business. She also advised the Sub-Committee that disorder in the area had reduced and that the condition was no longer relevant and that this view was also shared with the local police licensing officer. She went on to explain the steps that had been put in place to make the takeaway more family friendly and the steps taken to promote a better image. Regarding security she advised that a monitor had been installed in the premises so patrons could see that CCTV was in operation. She added that the cost of SIA door staff for a short period of time over the weekend was not viable. In response to the public representation that had been received, she noted that the concerns related to people exiting the nearby public houses and it was therefore not relevant. Regarding the issue raised regarding car parking, she stated that this was more of an issue in the daytime and that it was difficult to stop people parking on the road.

In response to a question from the Licensing Officer, the applicant advised that she did not intend to open until 1:30 am every weekend but wanted the option of staying open later when there were events on in the town. She added that she would also employ SIA registered door staff on a risk assessed basis for these occasions. In response to a further question she noted that other premises in Bromyard closed at 12:30 am.

In response to a final question from the Licensing Officer she noted that the premises did have CCTV when the incident occurred which had led to the condition being added. However she noted that at this time there was not a monitor in the premises showing people that the CCTV was active. She considered this to be a useful visual deterrent.

The Sub-Committee retired to make their decision. The Senior Litigator read out the decision and advised that the application had been approved subject to conditions regarding CCTV and SIA Staff employed on a risk assessed basis.

RESOLVED

THAT:

the application be granted in respect of the hours of operation of the licensable activities described in the report subject to the following conditions:

·         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.

·         The Premises Licence Holder will employ SIA door staff at all times when risk assessments dictate door supervision to be necessary.

the following condition to be removed from the licence:

·         The provision of two SIA registered door supervisors on the premise from 2300 to 0030 hours every Friday and Saturday night.