Agenda item

Members considered an application by Mr Baki Kala to vary a premises licence at York Castle Takeaway, 51 Blossom Street, York, YO24 1AZ.

In coming to their decision the Sub-Committee took into consideration all the evidence and submissions that were presented and determined their relevance to the issues raised and the licensing objectives, the prevention of public nuisance and public safety, including:

1. The application form, in particular the existing licence conditions and the additional steps agreed to be taken by the applicant to promote the licensing objectives.
2. The Licensing Officer’s report and their comments made at the Hearing, including that there were two conditions on the present premises licence:

It was noted that the Applicant was in breach of the second condition listed above, as to date the premise licence holder had not registered with the Pub Watch scheme.

3. The Applicant’s representations at the Hearing, including that he had not understood the second condition listed above, but would now register immediately with the Pub Watch scheme.

The Applicant expressed his concern that other takeaway businesses in the area had longer trading hours resulting in a detrimental effect on his business. With the agreement of all parties, the applicant circulated pictures showing the location of his premises in relation to other nearby takeaways and a petition signed by the residents of the first floor flats above the premises which stated that they had no objection to longer opening hours. Also, in an effort to reduce noise caused by delivery vehicles, the applicant offered to cease the delivery service at 00:00 hours.

4. The representations made by city of York Council Planning Department in writing and at the Hearing. The Sub-Committee considered the written representation to be relevant to the issues raised and the licensing objectives listed above as prevention of public nuisance.

5. Written representations made during the consultation period.

The Sub-Committee agreed to grant the variation of the premises licence with the following conditions:

1. The variation of the licence shall not come into effect until written evidence is provided to the Licensing Authority that the premises licence holder has registered with the Pub Watch scheme.

2. The takeaway delivery services shall cease at 00:00 hours on each and every day, as offered by the applicant.

3. The premises shall be vacated and closed no later than the following times:

Monday to Thursday             01:00 hrs

Friday & Saturday                    03:00 hrs

Sunday                                  00:00 hrs

All conditions offered by the Applicant in the application, including the operating schedule, for variation of the premises licence under the Licensing Act 2003, shall be included in the licence, unless contradictory to the above conditions.