Agenda and minutes

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DETAILS OF DECISION TAKEN:

The Sub-Committee considered the application for a new premises licence for the provision of late night refreshment.  The Sub-Committee also considered the relevant sections of the Council’s Licensing Policy and the National Guidance issued by the Secretary of State under Section 182 of the Licensing Act 2003 (as amended).

The Sub-Committee was informed by the Licensing Compliance Officer that a new premises licences was sought for the provision of late night refreshment by Mr Hamid Rezaei for a Mobile Catering Van on Egerton Road, between the hours 23:00 – 02:00 Sunday – Tuesday and Thursday, 23:00 – 03:00 on Wednesday, and 23:00 – 04:00 on Friday and Saturday.  The premises was located between the Royal Surrey County Hospital and the large Tesco Superstore. The Licensing Compliance Officer advised that under the Licensing Act 2003, a premises licence was required to provide late night refreshment from 23:00 until 05:00, but a licence was not required outside these hours. The applicant had been trading for a few months up until 23:00, and was now seeking a licence to trade after this time.

The applicant, Mr Rezaei, had set out in his operating schedule the steps he would take to promote the licensing objectives (Appendix 2 in the agenda). The consultation period had been extended by an extra 15 days to 25 June 2015 to address issues with the advertisement of the application. The application received two representations which referred to the licensing objective of the prevention of public nuisance, namely litter and noise from the premises.

Mr Rezaei made the following submissions in support of his application:

·         He had been in Guildford for five years, having spent four and a half years working with the other kebab van on Egerton Road run by   Mr Koc where he had built a relationship of trust with the customers.

·         Mr Koc sacked him from his job a few months ago for no reason, so he decided to set up his own business.

·         Mr Kilic had removed the application notice from his van, took a picture of it, and sent it to the Council claiming no noticehad been placed there. Mr Rezaei then resorted to affixing the notice to a wooden board to ensure it remained in place.

·         It should be noted from the photo on page 26 of the agenda, which was submitted by Mr Kilic and purported to be of an oil spillage from under Mr Rezaei’s van, that the supposed oil is about 5cm away from the van’s pipe

·         It should be noted that the photo on page 25 of the agenda, which was submitted by Mr Kilic and purported to be of litter from Mr Rezaei’s van, was taken in the morning, not whilst Mr Rezaei was trading between the hours of 18:00 and 23:00. Mr Koc’s business was open much later than his, serving customers coming back from the pubs.

Mr Graham Hopkins made the following submission on behalf of Mr Kilic:  ...  view the full minutes text for item 1.

DETAILS OF DECISION TAKEN:

The Sub-Committee considered the application for a new premises licence for the provision of late night refreshment.  The Sub-Committee also considered the relevant sections of the Council’s Licensing Policy and the National Guidance issued by the Secretary of State under Section 182 of the Licensing Act 2003 (as amended).

The Sub-Committee was informed by the Licensing Compliance Officer that a new premises licences was sought for the provision of late night refreshment by Mobile Catering Van on Egerton Road, between the hours 23:00 – 02:00 Sunday – Tuesday and Thursday, 23:00 – 03:00 on Wednesday, and 23:00 – 04:00 on Friday and Saturday.  The premises was located between the Royal Surrey County Hospital and the large Tesco Superstore. The Licensing Compliance Officer advised that under the Licensing Act 2003, a premises licence was required to sell late night refreshment from 23:00 until 05:00, but not outside these hours. The applicant had been trading for a few months up until 23:00, and was now seeking a licence to trade after this time.

The applicant, Mr Rezaei, had stated the steps he would take to mitigate the impact on the licensing objectives by his operation which was stated in the agenda. The consultation period had been extended by an extra 15 days to 25 June 2015 to address issues with the application notice. The application received two representations which referred to litter and noise from the premises, relating to the licensing objective of the prevention of public nuisance.

Mr Rezaei made the following submissions in support of his application:

·         He had been in Guildford for five years, having spent four and a half years working with the other kebab van on Egerton Road run by Mr Kilic where he had built a relationship of trust with the customers.

·         Mr Kilic sacked him from his job a few months ago for no reason, so he decided to set up his own business.

·         Mr Kilic had removed the application notice from his van, took a picture of it, and sent it to the Council claiming no notice had been placed there. Mr Rezaei then resorted to affixing the notice to a wooden board to ensure it remained in place.

·         It should be noted from the photo on page 26 of the agenda submitted by Mr Kilic purporting to be an oil spillage from under Mr Rezaei’s van, that the supposed oil is about 5cm away from the van’s pipe

·         It should be noted from the photo on page 25 of the agenda submitted by Mr Kilic purporting to be litter from Mr Rezaei’s van was taken in the morning, not whilst Mr Rezaei was trading between the hours of 18:00 and 23:00. Mr Kilic’s business was open much later than his, including customers coming back from pubs.

Mr Graham Hopkins made the following submission on behalf of Mr Kilic:

·         Mr Kilic objected to the application on the grounds of prevention of crime and disorder, public safety and  ...  view the full minutes text for item 2.