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Decision details


Decision Maker: Licensing Act 2003 Sub-Committee

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No


The Chair invited the parties to submit their oral representations.


Oral representations were made by the following persons:


·           Sherman Xavier  – Licencing Officer

·           Mr Adnan Ali – Premises Licence Holder

·           Thomas Bushnell – Legal Counsel to Mr Ali

·           Ms Lucia BeltrameCann Hall Road Residents Association           


Mr Nigel Carter (Licensing Consultant) and Mr Thomas O’Maoilevin (Solicitor to Mr Ali) both attended and answered questions relating to the ‘Mystery Shopper’ inspections.


After each presentation the Committee and all the parties present took up the opportunity to ask questions. Having heard all the representations the Committee retired to consider its decision in a closed session. The Committee then invited parties back to inform them of the decision




Having heard the representations from all the parties present the Committee considered the application to vary the premises licence and determined to grant the application in part with the conditions outlined below.


The time the licence authorises the carrying out of the provision of late night refreshments:


Monday            23:00          02:00

Tuesday           23:00          02:00

Wednesday      23:00          02:00

Thursday          23:00          02:00                                                                                           

Friday               23:00          03:00

Saturday           23:00          03:00

Sunday             23:00          03:00


The Committee agreed the inclusion of non-standard timings as follows:


From the end of permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day


The Committee also agreed the inclusion of the following conditions:


·         The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Police. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of the Police or an authorised officer of the Council through the preceding 28 day period.

·         Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.

·         An incident log shall be kept at all times, and made available on request to an authorised officer of the Council or the Police.

·         No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23:00 and 07:00 hours on the following day.

·         There will be an hourly patrol for litter by staff members during the licensable activity hours.

·         A direct telephone number for the manager at the premises shall be publically available at all times the premises is open. This telephone number is to be made available to residents and businesses in the vicinity.

·         No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises is situated.


It was also advised by the Committee that Mr Ali should seek on-going engagement with the local Safer Neighbourhoods Team and the Cann Hall Road Residents Association.


Reasoning for Decision


In reaching its decision, Committee gave careful consideration to:


(i)           The Licensing Officer’s report and its various appendices,

(ii)          The Council’s Statement of Licensing Policy.

(iii)         The Revised Home Office Guidance issued under section 182 of The Licensing Act 2003.

(iv)         The oral representations made during the course of the hearing.


The Committee also gave due consideration to the promotion of the licensing objectives set out in the Licensing Act 2003. In reaching the decision, the Committee noted the following:


·         That Mr Bushnell had said that the premises, which is not in a cumulative impact area, was a family-owned business, had demonstrated good business practice since Mr Ali took over in 2003 and had proved that it could accommodate current licensing arrangements without any issues;

·         That after a series of Temporary Event Notices (TEN’s), which received no objections, had further demonstrated that the premises would not contribute to anti-social behaviour in the area;

·         That the premises had been subject to two ‘Mystery Shopper’ inspections during the TEN’s to ensure that there were no issues that would undermine the 4 Licensing Objectives;

·         That Mr Ali had already acted on the proposed conditions and had installed the CCTV system;

·         That Ms Beltrame, on behalf of the Cann Hall Road Residents Association, raised concerns of an increase of antisocial behaviour, illegal parking in the immediate area and the increase in litter that this may cause;

·         That an anti-social behaviour taskforce set up by the local Safer Neighbourhoods Team had noted an increase of ASB from those purchasing alcohol from other premises in the area and using the takeaway;

·         That the Residents Association were happy to support businesses in the local area, but were wary of the licence extension and possible issues to local residents such as car disruptions late at night, noise nuisance and littering issues.


The Committee therefore considered this decision to be appropriate for the promotion of the licensing objectives.



Publication date: 01/02/2019

Date of decision: 01/02/2019

Decided at meeting: 01/02/2019 - Licensing Act 2003 Sub-Committee

Accompanying Documents: