Agenda item

Consideration was given to the report of the Corporate Director, Neighbourhood Services which gave details of an application to vary the premises licence in respect of Murton Pizza, Seaham, a copy of which had been circulated (for copy see file of minutes).

A plan showing the location of the premises and a copy of the application had been circulated to Members together with copies of representations which had been received from the Responsible Authority.

The Acting Team Leader presented the report and provided members with a clearer copy of the circulated menu.

The Applicant had not attended and had not indicated whether he would attend or not. The Applicant was aware of the hearing and attempts had been made to contact him. The Sub-Committee agreed to hear the application in the absence of the Applicant.

Sgt Robson of Durham Constabulary indicated that Murton Pizza was operating outside of their normal hours and they were advertising that they were open until 1.00 am on their menu which was 1 hour beyond their permitted hours authorised by the Premises Licence.

A letter had been hand delivered to the owner of Murton Pizza on 19 January 2012, to advise the Manager that they were unable to serve food beyond their permitted hours. A letter had also been sent to the Manager on 25 January 2012 following his visit to the premises on 21 January 2012 where they were still serving beyond their permitted hours.

Sgt Robson showed a DVD of the Police visit to Murton Pizza on 21 January 2012 as he was wearing an overt body CCTV camera. The DVD showed a women leaving the premises at 12.03 am who had purchased some food and when the Police entered the premises they were still taking orders and 2 order slips were shown which showed the order time of 12.03 am and 12.04 am. The DVD also showed that the premises had been sold and the new owner had failed to transfer the licence.

The letter sent to the applicant on 21 January 2012 asked him to contact the Licensing Enforcement Team to make an appointment but as far as he was aware he failed to do this and officers were unable to contact him.

Durham Constabulary had concerns of a blatant disregard of the Licensing Act and he had clearly served beyond his permitted hours.

The Solicitor asked Durham Constabulary if they had been back to the premises since this incident. Sgt Robson confirmed that they had not received any further complaints or had any evidence to suggest that the Manager had not complied.

The Sub-Committee sought clarification if the application for the variation of the hours was as a result of the Police visit in January 2012. Sgt Robson confirmed that he believed this was the reason.

At 10.35 am Members retired to deliberate the application in private. After re-convening at 10.50 am the Chair explained that in reaching its decision the Sub-Committee had considered the report of the Licensing Officer and the representations of the responsible authority. They had also taken into account the relevant provisions of the Licensing Act 2003, Section 182 Guidance issued by the Secretary of State and the Council’s Licensing Policy.

Resolved:

That the application to vary the Premises Licence be granted as follows:-

(i)                 Opening Hours Monday to Sunday 17:00 to 01:00

(ii)               Late Night Refreshment (off the premises only)

Monday to Sunday 23:00 to 01:00