Agenda item

To consider a report by the interim Director for Communities, copy attached as item 3.

Licensing Act 2003 – Application for a new premises licence at Tops Pizza, 14 South Farm Road, Worthing, BN14 7AA

 Before the Sub-Committee was a report by the Director for Communities, which has been circulated to all Members, a copy of which is attached to the signed copy of these minutes as item 3.

 Presenting Officer outlined the application

The Licensing Officer outlined the application, made on behalf of Tops Pizza Ltd, before members. The application sought to extend opening hours from 23.00 hrs to 03.00 hrs. No alcohol licence was sought. Members were advised that the application had been the subject of formal representation by two responsible authorities, the Police, the A&W Environmental Health Protection Team and there had been no representations from any members of the public. The Officer clarified that the Police had withdrawn their representation given that the applicant had agreed to additional conditions suggested by the Police. He advised that there had been no mediation between the A&W Environmental Health Protection Team and the applicant.

 The Officer asked the applicant’s agent if he was satisfied that an accurate outline of the application had been given to which the agent replied he was.

 Questions from Members for the presenting Officer

 A member inquired if vehicles used for delivering takeaway orders would also be used at the premises until 03.00 hrs and asked for confirmation that customers would not be allowed to eat on the premises during those extra opening hours. The Officer confirmed that no eating on the premises would be allowed during these hours and that takeaway vehicles would be used from the premises until closing time.

 Representation from Environmental Health Protection Team

The Officer delivered his representation explaining that the reasons for objection were that no other takeaway restaurants were open until that time, there were numerous residential dwellings at first floor level in the vicinity. There were concerns that any noise, including the restaurant kitchen extraction system, would be very audible at the hours applied for.

 Questions from Members for the Environmental Health Protection Team

 None

 Questions from Applicant for the Environmental Health Protection Team

The applicant’s agent queried whether the application would be more agreeable to the Environmental Health Protection Team if the extended hours requested were reduced to Friday and Saturday nights only.

The Officer replied that the opening hours were considered too late by the Environmental Health Protection Team for any night in that location.

 Representation from the applicant

 The applicant's agent had nothing further to add.

 Summing up by the Environmental Health Protection Team

The Officer acknowledged the applicants' verbal submission to decrease the days the extended hours were requested for but stated that the Environmental Health Protection Team’s objection remained.

 Summing up by the Presenting Officer

 None

 Summing up by the applicant

 None

 The meeting adjourned to go into closed session at 6.54pm

 Resolved:

The Sub-Committee considered all the written representations and the oral representations from the representatives of the applicant and the Environmental Protection Team. It resolved that the application should be refused.

 The reason for the decision is:

The Sub-Committee considered:  The representations made by the Responsible Authority.  The mediation during which the applicant had agreed to include the further licence conditions suggested by Sussex Police being placed on the licence.  The remaining relevant representation from the A&W Environmental Protection Team which had not been withdrawn. The Sub-Committee also gave regard to human rights legislation and the rules of natural justice. In discharging its functions the Sub-Committee did so with a view to promoting the Licensing objectives. The relevant objectives in this case being the prevention of crime & disorder and the prevention of public nuisance. The Licensing Sub-Committee took particular account from the representations from the Environmental Protection Officer and refused this application as they were of the opinion it would undermine the licensing objective the prevention of public nuisance. The application was for the sale of late night refreshment from 23:00hours until 03:00hours (of the following morning) Monday to Sunday. The premises is in a mixed commercial residential area and although there are other late night takeaways operating in neighbouring streets there are no others operating in South Farm Road that are open until 03:00hours. There are a significant number of residential properties in South Farm Road including a block of flats opposite the premises. As such, the background noise in this area will be low and therefore any noise produced by customers, the kitchen and the external kitchen extraction system is likely to be audible within neighbouring properties. In addition, that noise would be exacerbated with drivers attending the premises to collect and thereafter deliver food to customers. The Applicant made limited representations at the hearing and the Operating Schedule did not sufficiently address the concerns of the Licensing Sub-Committee. The Licensing Sub-Committee had particular regard to paragraphs 4.24 to 4.27 and 6.4 of the Council’s Licensing Policy. 7. Additional Observations by Members: The applicant and those that have made representation in connection with this application are reminded that they may appeal against this decision within 21 days of receiving this notice by giving notice to the Magistrates Court. The applicant is reminded that it is a criminal offence under the Licensing Act 2003 to carry on licensable activities from any premises in breach of the act.