Agenda item

Members: Councillors L Marshall (Chair), L Brown and D Hicks

The Committee considered a report of the Corporate Director of Regeneration and Local Services regarding an application for the grant of a Premises Licence in respect of Bells Fish and Chips, Finchale Road, Durham (for copy see file of Minutes).

A copy of the application and supporting documentation had been circulated to Members. The Licensing Team Leader informed Members that both the applicant and his Agent were unable to attend the hearing and had asked Mr T Robson, Licensing Consultant to make representations in their absence. Councillor A Hopgood was in attendance as a witness in support of the application. Other person Mr Christison was not in attendance.

Since the application was submitted the applicant had removed late night refreshment and had reduced the hours for the sale of alcohol. The Applicant proposed additional conditions to alleviate the concerns of residents and had mediated with Durham Constabulary.

Mr T Robson was invited to address the Sub-Committee. He apologised on behalf of J Gillead and Mr Kennedy for their unexpected absence. Mr Robson advised that the premises was a fish and chip shop which would serve alcohol when food was provided. The Applicant had taken on board the concerns of residents and had modified the application accordingly.

There were a number of other licensed premises in the locality with a terminal hour of 11.00pm. The premises bordered a residential area but was located in a small industrial site and was formerly a garage. He believed that sufficient measures had been put in place to uphold the licensing objectives. The Applicant owned other premises in the Durham area providing a high quality product which was a good indication of how this premises would be managed. Mr Kennedy was dedicated and professional.

The application was for on-sales only and alcohol would be served with food. He acknowledged that there had been issues regarding the site notices which had been taken on board. He hoped that the Sub-Committee would consider the application favourably; the reduced hours would ensure that the licensing objectives would not be undermined in Finchale Road or in the locality. 

In response to a question from Councillor Brown, the Member was advised that there was parking at the rear of the premises. There were spaces for in excess of 26 cars in total with at least 10 spaces to the front.    

Councillor Hopgood was invited to make representation as a witness in support of the Applicant. The Member advised that she had initially objected to the application as the hours requested were beyond those of other licensed premises in the area. The Applicant had been willing to reduce the hours for the sale of alcohol and the opening hours from midnight to 21.00 and 22.00 hours respectively. Alcohol could not be sold for consumption off the premises. The Applicant intended to sell small individual bottles of wine would be sold to complement the food.

Councillor Hicks asked if a delivery service was offered, and was informed that the premises offered takeaway food for collection only.

At 10.15am the Sub-Committee Resolved to retire to deliberate the application in private.

After re-convening at 10.20am the Chair delivered the Sub-Committee’s decision.  In reaching their decision the Sub-Committee had taken into account the report of the Licensing Team Leader, which included amendments to the application and proposed additional conditions, the written representations of Mr Christison, and the verbal representations of Mr Robson and witness on behalf of the Applicant. Members had also taken into account the Council’s Statement of Licensing Policy and Section 182 Guidance issued by the Secretary of State.

Resolved:

That the Premises Licence be granted with the following conditions:

-       Alcohol will only be available with a table meal

-       A rubbish bin will be located outside of the premises (this will be emptied and washed out daily-as is practice at other sites)

-       Staff will carry out regular checks and clear away any rubbish in the vicinity of the premises during opening times and just prior to closing

-        There will not be any tables or chairs outside

-       The terminal hour for closing will be 10pm, with the intention to close at 9pm each evening

-       Late night refreshment has been removed

-       The sale of alcohol will cease at 9pm