Licensing (Activities) Sub-Committee – 16 December 2009

Chair: To be appointed
Venue: Council Chamber, Pittwood House, Ashby Road, Scunthorpe
Time: 10.00 am

AGENDA

  1. Appointment of Chair.
  2. Declarations of personal or personal and prejudicial interests, and significant contact with applicants, objectors or third parties (lobbying), if any.
  3. Licensing Act 2003 – Notice of Hearing
    1. Temporary Event Notice – Atlantis Fish Shop, 1 Doncaster Road,Scunthorpe (Thursday 24, Friday 25, Saturday 26, Sunday 27 of December 2009). Applicant -Tuncay Kuyumcu
    2. Temporary Event Notice – Atlantis Fish Shop, 1 Doncaster Road, Scunthorpe (Thursday 31 December 2009, Friday 1, Saturday 2, Sunday 3 January 2010). Applicant -Tuncay Kuyumcu
    3. Temporary Event Notice – TJ’s Chicken Express, 3 Doncaster Road, Scunthorpe (Thursday 24, Friday 25, Saturday 26, Sunday 27 of December 2009). Applicant – Yakup Kuyumcu
    4. Temporary Event Notice – TJ’s Chicken Express, 3 Doncaster Road, Scunthorpe (Thursday 31 December 2009, Friday 1, Saturday 2, Sunday 3 January 2010). Applicant – Yakup Kuyumcu
  4. Any other items which the chair decides are urgent by reason of special circumstances which must be specified.

MINUTES

PRESENT: Councillors Swift, Jawaid and Wells.

The sub-committee met at Pittwood House, Scunthorpe.

827 APPOINTMENT OF CHAIR – Resolved – That Councillor Swift be and he is hereby appointed chair for the meeting.

Councillor Swift thereupon took the chair.

828 DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – There were no declarations of personal or personal and prejudicial interests.

829 LICENSING ACT 2003 -TEMPORARY EVENT NOTICES (TENs) – The Service Director Neighbourhood and Environment submitted four reports advising members of four applications for Temporary Event Notices at Atlantis Fish Shop, 1 Doncaster Road, Scunthorpe and TJ’s Chicken Express, 3 Doncaster Road, Scunthorpe.

Details of the applications were outlined in the reports, together with accompanying documents explaining the reasons for objections as submitted by Humberside Police for each of the four applications.

The Sub-Committee had received notice of a request from Humberside Police for a variation to the procedure at the meeting, requesting that they be allowed to show video footage of the vicinity of the premises around the time of each of the TEN applications. Following further clarification to the video’s content and duration by the applicants, they and the sub-committee accepted the request for the variation to the procedure.

The Chair invited representatives from Humberside Police to comment on the applications. Their representatives informed the sub-committee that the extension of the trading hours at the above premises from 4am to 6am on the dates concerned would in their opinion, lead to an increase in the levels of crime and disorder within the vicinity of the premises. The committee members were advised that the Cumulative Impact Policy had been introduced to address such matters, and that a decision to increase the trading hours of both establishments would be contrary to this policy.

The applicants were then invited to give their presentation, noting that decisions would be made on crime and disorder issues only. The applicants were represented by the wife of Mr Tuncay Kuyumcu. Mrs Kuyumcu explained the concerns that both applicants currently faced and how the extension of hours would ensure that people leaving drinking establishments which closed at 4am had ample time to purchase food. The applicants concluded that extending the trading times would ensure that people did not become aggravated when faced with closed doors at the named establishments, thus resulting in a reduction in potential crime and disorder within the vicinity of the premises.

The Service Director in his report reminded the sub-committee that the options available to it under the Licensing Act 2003 when considering such applications were:

  • To issue a counter Notice (the TEN as applied for)
  • Not to issue a counter Notice (refuse the TEN)

Both parties would have the right to appeal the sub-committee’s decisions.

Following the summary of the case, the sub-committee sought further clarification from both parties. The meeting was then adjourned for deliberation by members to consider the requests for the Temporary Event Notices on specified dates over the Christmas and New Year periods at both establishments, and then reconvened when the decisions of the sub-committee for each of the applications were stated as follows: –

Resolved – That the sub-committee agrees unanimously to grant each of the four applications for Temporary Event Notices at Atlantis Fish Shop and also TJs Chicken Express on the dates specified over the Christmas and New Year period for 2009 for the reasons as stated below-

830 (27) Atlantis Fish Shop, 1 Doncaster Road, Scunthorpe(Thursday 24, Friday 25, Saturday 26, Sunday 27 of December 2009) – Tuncay Kuyumcu.

Reasons for the decision – That the sub-committee is satisfied that the extended hours will not have an adverse impact on crime and disorder in the area. Having regard to both presentations and to the Council’s Cumulative Impact Policy, the applicants have satisfied the sub-committee that allowing the premises to open longer will enable a gradual dispersal of people from the town centre after the closure of drinking establishments at 4am

831 (28) Atlantis Fish Shop, 1 Doncaster Road, Scunthorpe (Thursday 31 December 2009, Friday 1, Saturday 2, Sunday 3 of January 2010) – Tuncay Kuyumcu.

Reasons for the decision – That the sub-committee is satisfied that the extended hours will not have an adverse impact on crime and disorder in the area. Having regard to both presentations and to the Council’s Cumulative Impact Policy, the applicants have satisfied the sub-committee that allowing the premises to open longer will enable a gradual dispersal of people from the town centre after the closure of drinking establishments at 4am.

832 (29) TJ’s Chicken Express, 3 Doncaster Road, Scunthorpe (Thursday 24, Friday 25, Saturday 26, Sunday 27 of December 2009) – Yakup Kuyumcu.

Reasons for the decision – That the sub-committee is satisfied that the extended hours will not have an adverse impact on crime and disorder in the area. Having regard to both presentations and to the Council’s Cumulative Impact Policy, the applicants have satisfied the sub-committee that allowing the premises to open longer will enable a gradual dispersal of people from the town centre after the closure of drinking establishments at 4am.

833 (30) TJ’s Chicken Express, 3 Doncaster Road, Scunthorpe (Thursday 31 December 2009, Friday 1, Saturday 2, Sunday 3 of January 2010) – Yakup Kuyumcu.

Reasons for the decision – That the sub-committee is satisfied that the extended hours will not have an adverse impact on crime and disorder in the area. Having regard to both presentations and to the Council’s Cumulative Impact Policy, the applicants have satisfied the sub-committee that allowing the premises to open longer will enable a gradual dispersal of people from the town centre after the closure of drinking establishments at 4am