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Agenda item
DETERMINATION OF PREMISES LICENCE APPLICATION - CHEF CEYLON, 10 BRIDGE STREET, BLACKWOOD, NP12 1AX
Minutes:
The Legal Advisor to the Sub Committee outlined the procedure for the meeting, including
the order of representations and the opportunities for all parties to ask
questions.
Mr Lee Morgan (Licensing Manager) presented
his report and outlined the application for a new premises licence for Chef
Ceylon, 10 Bridge Street, Blackwood. Members were advised that the application initially sought to permit the
sale of alcohol (on sales only) from Monday to Sunday 11:00 to 24:00 Monday to
Sunday and Late Night Refreshment (indoors only) Monday to Sunday, 23.00 to 24.00. The applicant subsequently
revised their application following representations received during the
28day consultation process to reflect the following amended position:-
Supply
of Alcohol (on sales only)
Monday
to Wednesday 12.00 to 22.00
Thursday
to Saturday 11.00 to 23.30
Sunday
12.00 to 20.30
Late
Night Refreshment (LNR) – (Indoors only)
Monday to Sunday 23.00 to 24.00
It was noted that that Late Night Refreshment applies to the supply of
hot food or drink between the hours of 23.00-05.00hrs.
Members were referred to the maps and photograph attached to the report
detailing the location of the premises and were advised that a general
description of the proposed premises has been provided as a restaurant serving
drinks and takeaways for food and the serving of alcohol in the premises.
During the 28-day consultation period, representations were received
from Trading Standards, Environmental Health Pollution, Gwent Police and the Licensing Authority in their role as Responsible Authority, who all had
no objection to the application but advocated conditions in relation to the
application. Further details were set out in Section 1.6 of the report. Three representations were also received from
local residents in objection to the application, which were summarised in
Section 1.6 of the report. The applicant
subsequently responded to a number of the resident representations and to that
of Gwent Police and other Responsible Authorities, with further details set out
at Appendix 12 of the report.
Attention was drawn to the local policy considerations as set out in the
report and to the way in which the Sub-Committee would deal with the
application. The Sub Committee were referred to the
recommendation set out in the Licensing Manager’s report, which considered the position of the Responsible Authorities and recommended that the application for a Premises Licence be granted subject to the
times and conditions as set out in Appendix 13 of the Licensing Manager’s
report.
All parties
present were afforded the opportunity to ask questions of the Licensing
Manager. In response to a Member’s
query, Mr Morgan confirmed that 6 resident representations and a Councillor representation
had originally been received, but that of these, three residents and the
Councillor subsequently withdrew their representations.
Representations were then invited from the applicant, Chef Ceylon.
Mrs D. Kamburugamuwe (applicant) addressed
the Sub Committee and explained that she
was seeking to establish a Sri Lankan restaurant in the area, for which the
licence would be purely for the serving of alcoholic drink along with food, and
that the main intention of the business was to serve good quality food. Mrs Kamburugamuwe
explained that she was not proposing to hold big parties or have music outside,
and that the premises had amended its proposed operating times as a result of
the objections raised and would install CCTV inside and outside the
premises. She emphasised that her
business would take swift action if there was any untoward behaviour on the
premises, and that patrons would also be asked to respect local residents when
vacating the premises at the end of the evening.
Mr Kamburugamuwe added that the premises
would be reducing the bar size to increase restaurant capacity and serve more
seated customers.
All parties present were afforded the opportunity
to ask questions. Mr Wallbank
(Legal Advisor to the Sub Committee) referred to Condition 4 as agreed by the
applicant and sought clarification on the 30-minute clearance period at
terminal hour. It was confirmed that the
premises would close at 22.30 Monday to Wednesday, at midnight Thursday-Saturday
and 21:00 on Sunday, and that the applicant had submitted these amended timings
after taking into account the concerns of residents.
Mr Wallbank explained
that given the amended hours applied for, this meant that the premises would be
unable to utilise the Late Night Refreshment provision from 23:00 to midnight
on Monday to Wednesday night and Sunday nights.
The applicant confirmed that they understood this position.
Mr Morgan referred to the layout of the premises
and the reduction of the bar area and asked if this had changed since the
submission of the original application.
Mrs Kamburugamuwe confirmed that this had been incorporated into the application before
it was submitted to Licensing.
A Member asked if the premises would be concentrating on the supply of
food as opposed to the serving of alcohol.
Mrs Kamburugamuwe confirmed that the main aim was
to serve Sri Lankan cuisine and operate as a restaurant rather than a drinking
establishment.
Representations were then invited from Responsible
Authorities.
Mr Alex Baker (Trading Standards Officer) referred
to the representation submitted by his colleague (Mr Tim Keohane)
and confirmed that conditions had been advocated to strengthen training around
the prevention of under-age and proxy scales.
He added that he was prepared to discuss these in more detail with the
applicant if required.
All parties present were afforded the opportunity
to ask questions and in response to a query from Mr Wallbank,
Mr Baker confirmed that he was satisfied with the proposed conditions from
Licensing as set out in Appendix 13 of the report which would mitigate the
concerns of Trading Standards.
Representations were then invited from
Environmental Health. Miss Abbie Brown
(Environmental Health Officer) referred to her representation and confirmed
that Environmental Health would be satisfied with the grant of the premises
licence subject to acceptance of the conditions proposed by Environmental
Health.
In response to a query from Mr Wallbank,
Miss Brown confirmed that she was also satisfied with the proposed conditions
from Licensing as set out in Appendix 13 of the report, which would mitigate
the concerns of Trading Standards.
Representations were then invited from Gwent
Police. Inspector Andrew O’Keefe
referred Members to the representation submitted by his colleague PC Dan Allen
as set out in the agenda pack. He
explained that Gwent Police had put forward a number of recommendations
including a 30-minute drinking-up time and the installation of CCTV at the
premises. He felt that these measures
would strengthen the Licensing Objectives and future-proof any future changes
of use. He added that he had also
reviewed calls made to Gwent Police in connection with the premises under the
previous ownership and confirmed that two incidents had been reported, one
relating to the theft of a vehicle in 2020 and the other relating to a domestic
incident in 2017.
All parties present were afforded the opportunity
to ask questions. Mr Wallbank
repeated his earlier question in relation to acceptance of the proposed
conditions from Licensing by the applicant and Inspector O’Keefe confirmed that
he was satisfied with these.
Representations were then invited from the
Licensing Authority as a Responsible Authority.
Mrs Annette Dicks (Assistant Licensing Manager) referred to her
representation and advised Members that she had visited the premises together
with Gwent Police and discussed the prevention of public nuisance Licensing
Objective with the applicant. It was
also acknowledged during the visit that some objections from residents had been
received. Mrs Dicks confirmed that prior
to the application being submitted, the applicant had been advised to consider
the locality and the impact on local residents when making the
application. The applicant had offered
restrictions to the use of the outdoor area and monitoring of this area to
ensure that action is taken in the case of any rowdy or disorderly
behaviour.
Mrs Dicks acknowledged the subsequent modification
of the application to reflect the advice of the Licensing Authority and
concerns of local residents, and confirmed that the Licensing Authority would
not object to the application but had advocated conditions in addition to those
submitted by the other Responsible Authorities to uphold the Licensing
Objectives. Mrs Dicks also confirmed
that she was satisfied with the proposed conditions as set out in Appendix 13
of the Licensing Manager’s report.
There were no questions for Licensing Authority as
a Responsible Authority and representations were then invited from Local
Residents (Other Persons).
Mr L. Bevan (local resident) thanked the applicant
for amending their proposed operating hours.
However, he explained that he still had major concerns over the rowdy
behaviour that the premises could potentially attract, particularly given the
locality of the premises to two local rugby clubs and the behaviour of these patrons. Mr Bevan had particular concerns around the
behaviour of youth players, and also feared that during peak times such as
rugby nights and rugby international events, the premises could end up
accommodating rugby clientele which could lead to issues in the area.
There were no
questions received and Mr C. Williams (Local Resident) was then invited to make
his representation.
Mr Williams
explained that he had numerous concerns regarding the application, particularly
in view of the many issues attributed to patrons of the previous establishment on
Bridge Street during the past 6 years, including anti-social behaviour and damage
to residents’ cars. Mr Williams feared
that granting the application would lead to a continuation of these issues, and
explained that Bridge Street is a very narrow road with any noise late at night
reverberating all the way up the street.
Mr Williams made
reference to the proposed closure of the premises at 21:00 on particular days
and the cessation of use of the outside premises at 21:00 and asked what would
happen if someone turned up for food at 20:45.
He also explained that Bridge Street is heavily used by vehicles passing
through the street, and in raising concerns around parking in and around the
premises, sought clarification on the number of parking spaces at the premises
and whether this would be impacted by use of the outside area.
The applicant was
invited to respond to the local residents’ questions and concerns. Mrs Kamburugamuwe explained that the
previous establishment was formerly used as the rugby club’s gathering point
post-match. However, she explained that
Chef Ceylon were not looking to attract that type of clientele, and reiterated
that the premises would be a food establishment and that customers would not be
admitted after the kitchen closed if they just wanted a drink. The applicant was very sorry to hear of the
damage to residents’ cars but was unable to comment as this was outside her
control. She explained that the premises
would implement their own controls by reminding customers to leave quietly, and
that the premises would do their very best to monitor any problems, which would
include the installation of CCTV to observe people arriving and leaving. Mrs Kamburugamuwe
confirmed that the premises had around 8-10 parking spaces plus a disabled
parking space. She also emphasised that
the premises had taken the concerns of residents into account, which was
reflected in the subsequent adaptation of the hours applied for.
Mr Williams asked about the number of clientele and expressed concerns
around whether there would be sufficient parking spaces to accommodate these
customers. Mrs Kamburugamuwe
confirmed that there was a 30-35 person capacity in the formal dining area and
a further 15-person capacity in the front area.
Mr Williams stated that there would not be enough parking space given
these numbers and feared the premises would be exceptionally busy given the
nature of its cuisine and its uniqueness to the area, which could lead to
parking issues in the neighbouring area.
Mr Wallbank advised all parties that the
questions were straying into Planning issues, which are a separate
consideration to Licensing matters.
Mr Williams
indicated that he had finished his representation and left the meeting at this
point.
All parties were
afforded the opportunity to ask questions of the applicant. Mr Morgan asked how the applicant would deal
with customers sat outside at 20:45 and whether there would be a system in
place to move them indoors at 21:00. He
also referred to the earlier point raised by Mr Wallbank
and confirmed that parking would not normally be a consideration under the
Licensing Objectives and that the Sub Committee would not have to necessarily
consider this as part of the application.
Mrs Kamburugamuwe confirmed that customers would be invited inside before the 21:00
deadline at 20:45 to have food, and that notices would also be put up at the
premises to advertise these timings.
Mr Morgan also referred
Members to the representation in the meeting papers from a third resident who
was unable to attend the meeting, and asked that the Sub Committee take this
representation into consideration during their deliberations.
In response to a
Member’s query around installation of the CCTV system, Mrs Kamburugamuwe confirmed that
this was currently in the process of being installed.
All parties were then afforded the opportunity to sum up before the
Licensing and Gambling Sub Committee retired to make its decision.
Mr Lee Morgan (Licensing Manager) asked Members to consider all the
representations before them, the evidence heard at the meeting, and all
Licensing guidance when making their decision.
Trading Standards, Environmental Health, Gwent Police and Licensing
Authority as a Responsible Authorities confirmed they had no closing remarks to
add to their representations.
Mr Bevan (Local Resident) asked about the measures in place at the
premises to turn away any potentially drunk or disorderly customers who were
just looking for a place to drink. Mrs Kamburugamuwe confirmed that the premises would have a
reservation system in place so that people would have to book in advance, and
that the premises would be advertised as an eating establishment and not a
place to have a drink. She also that the premises would turn people
away if necessary if they arrive looking for a drink after last orders
elsewhere. A Member also asked about
customer walk-ins or whether it would be reservation-only, and Mrs Kamburugamuwe confirmed that walk-in customers would be
accommodated, but this would be walk-ins to eat and not purely for the purpose
of drinking.
In summing up, Mrs Kamburugamuwe and her
colleagues reiterated that the establishment were trying to bring a new dining
experience into the local area, which would mainly provide Sri Lankan food and
be the only establishment of its type in the area.
The
Legal Advisor informed all parties present that the Sub Committee would retire
to consider the representations made at the meeting and they would be informed
in writing of the decision in the next 5 days.
The Sub Committee retired at 11.11 a.m. to make its decision and all
other parties left the meeting.
Following consideration of the application for a new premises licence at
Chef Ceylon, Bridge Street, Blackwood, and having regard to the Licensing Manager’s report and all the representations made, the
Licensing and Gambling Sub Committee unanimously
RESOLVED that the application for a new
premises licence be GRANTED, subject to the conditions set out in in Appendix
13 of the Licensing Manager’s Report and with the hours of regulated activities
as follows:-
(i)
Sale of Alcohol (on sales
only)
Monday to Wednesday 12:00 to 22:00
Thursday to Saturday 11:00 to 23:30 Sunday
12:00 to 20:30
(ii)
Late Night Refreshment
(indoors only)
Thursday, Friday and Saturday
23:00 – 00:00
For ease of reference, the conditions are attached to these minutes.
In making their decision, the Sub Committee
considered all four Licensing Objectives, the Licensing Act 2003, revised Home
Office Guidance and Caerphilly Council’s Licensing
Policy.
The Sub Committee considered the Application and the comments of the
representatives of the Applicant. The
Sub Committee noted the nature of the business which the Applicant proposes to
carry on at the Premises and considered that the Premises will operate as a
restaurant with the primary activity being the service of food, with the
service of alcohol being ancillary to this.
It was also noted that the Applicant does not envisage the Premises
being a place where members of the public will come solely for the purpose of
drinking alcohol and the Applicant committed to taking steps to prevent this
from happening. The Sub Committee also
noted the measures put forward by the Applicant to secure adherence to the
Licensing Objectives.
It was clear to the Sub Committee that those Responsible Authorities who
responded to the consultation and attended the hearing do not object to the
grant of a Premises Licence in the terms set out above, subject to the various
conditions put forward by those Authorities to ensure the Licensing Objectives
are met. The Sub Committee considered
that the Licensing Officer’s recommended conditions are adequate for that
purpose. The Sub Committee agreed that
Late Night Refreshment should only be permitted on Thursdays, Fridays and
Saturdays, in order to ensure consistency with Condition 4 of the conditions to
be applied, that condition being the requirement for customers to leave the
premises within 30 minutes of the terminal hour for alcohol sales.
The Sub Committee read the comments of the objectors to the Application
and listened carefully to the objection comments made at the hearing. Whilst the Sub Committee accepted that this
premises has the potential to cause some minor disturbance, it should be borne
in mind that the Premises is in a town centre location, where one would expect
such businesses to be found. The Sub
Committee considered that comparisons with previous businesses operated at the
premises and in particular a public house should be treated with caution. The restaurant proposed at the Premises is a
wholly different type of business to that which operated there previously and
therefore little if any comparison can be drawn. The concerns regarding parking and vehicle
movement were noted and the Sub Committee understands such concerns, however,
these are planning matters which are outside of the remit of a Licensing Committee. The Sub Committee considered that the
conditions applied to the licence, along with the right to request a licence
review set out in the Licensing Act 2003, will be sufficient to protect the
interests of those living in the vicinity of the Premises.
Consequently, having regard to the representations of all parties
concerned as well as the provisions of the Licensing Act 2003, the statutory
guidance issued in accordance with s.182 thereof and the Council’s Licensing
Policy, the Sub Committee considered it appropriate to grant the Premises
Licence in the terms set out above.
The decision notice advised that any person
aggrieved by the decision had the right to appeal to the local Magistrates
Court within 21 days from the date of written notification of the decision.
The meeting closed at 11.45 a.m.
APPENDIX
Conditions applicable to
the grant of the licence as per Appendix 13 of the Licensing Manager’s report
:-
- Supply of
Alcohol (on sales only)
Monday to Wednesday 12.00 to 22.00
Thursday to Saturday 11.00 to 23.30
Sunday 12.00 to 20.30
- Late Night Refreshment – (Indoors only)
Monday to Sunday 23.00 to 24.00
1.CCTV shall be installed at the premises and shall cover all areas of
the premises to which the public have access except for the toilets. The CCTV equipment shall be maintained in
good working order and shall continuously record at all times during which
licensable activities are carried on at the premises. The video and images captured shall be of a
sufficient quality to enable the facial recognition of persons recorded and the
correct time and date shall be generated onto both the recording and real-time
image screen. All video and images
captured by the CCTV system shall be stored for a period of at least 28 days
and shall be provided on a recognised portable medium (e.g. DVD, memory stick
or SD card) to an authorised officer of the licensing authority or a constable
without delay upon request.
If the CCTV equipment breaks down, the Licensing Authority and the Police
shall be informed verbally of such breakdown as soon as is reasonably
practicable. A record of the name of the
individuals to whom such report is made to together with the date and time of
the report shall be recorded in the incident report register referred to in
condition 6 below. CCTV equipment
failures shall be repaired or the equipment replaced (as appropriate) as soon
as is reasonably practicable and without undue delay. The Licensing Authority and the Police shall
be informed when faults are rectified.
There shall be clear signage indicating that CCTV equipment is in use and
recording at the premises.
2.Clear notices shall be displayed at all points where customers leave
the building instructing them to respect the needs of local residents and leave
the premises and the area quietly.
3.The licence holder/DPS or responsible person shall risk assess the need
for polycarbonate or toughened glasses to be used in the premises, especially
for outdoor events/use.
4.The premises shall be cleared of customers within 30 minutes of the terminal
hour for alcohol sales on any day.
5.There shall be no licensable activities carried on in the outdoor areas
of the premises after 21:00 on any day.
6.An incident report logbook for the premises shall be maintained,
in which shall be recorded all incidents of anti-social behaviour, aggression,
fighting and like behaviour as well as ejections and refused sales. The details of persons involved, incident
description, time and date, actions taken and final outcome of the situation
shall be recorded. Records shall be kept
for a minimum of 12 months. The logbook
shall be produced to an authorised officer of the Licensing Authority or a
constable immediately upon request.
7.The premises
licence holder shall ensure that a sufficient number of suitable receptacles
are located in appropriate locations for the depositing of waste materials such
as food wrappings, drinks containers, smoking related litter, etc. by
customers.
8. No waste shall
be placed in external receptacles between the hours of 22:00 and 08:00.
9.The premises supervisor, manager or other competent person shall manage
the outdoor area to ensure that customers do not behave in a noisy, rowdy or
offensive manner, and measures are shall be put in place to monitor the
external areas on a regular basis.
10.Staff shall make regular patrols in the
immediate vicinity to ensure noise nuisance does not occur at the nearest
residential property.
11.All staff shall
be trained in the prevention of underage sales and dealing with difficult
customers to a level commensurate with their duties. All such training shall be updated as
necessary, for instance when legislation changes. A written record shall be kept of the date
and nature of such training as well as the name of the trainer and the staff
member receiving it and such record shall be signed and dated by both the
trainer and the member of staff receiving it.
The documentation shall be available for inspection on request by an
authorised officer of the Licensing Authority or a constable.
12.The ‘Challenge
25’ scheme shall be adopted and implemented, whereby an accepted form of
photographic identification shall be requested before any alcohol is sold to
any person who appears to be under 25 years of age. Acceptable proof of age shall include
identification bearing the customer’s photograph, date of birth and integral
holographic mark or security measure.
Suitable means of identification would include PASS approved proof of
age card, photo-card driving licence and passport. Publicity materials notifying customers of
the operation of the Challenge 25 scheme shall be displayed at the premises,
including a Challenge 25 sign of at least A5 size at the entrance to the
premises and at all bars in the premises.
13.The premises licence holder shall put and
keep in place suitable measures in order to prevent the premises from becoming
a source of noise or light nuisance to the occupants surrounding properties.
Supporting documents:
- Chef Ceylon Report, item 3. PDF 345 KB
- Appendix 1, item 3. PDF 288 KB
- Appendix 2, item 3. PDF 602 KB
- Appendix 2A, item 3. PDF 2 MB
- Appendix 3, item 3. PDF 676 KB
- Appendix 4, item 3. PDF 389 KB
- Appendix 5, item 3. PDF 379 KB
- Appendix 6, item 3. PDF 142 KB
- Appendix 7, item 3. PDF 267 KB
- Appendix 8, item 3. PDF 283 KB
- Appendix 9, item 3. PDF 109 KB
- Appendix 10, item 3. PDF 345 KB
- Appendix 11, item 3. PDF 367 KB
- Appendix 12, item 3. PDF 151 KB
- Appendix 13, item 3. PDF 347 KB