Agenda item

Report of the Corporate Director (Public Protection, Planning and Governance) considering an application for a grant of a premises licence for 4-6 Howardsgate, Welwyn Garden City, AL8 6BQ.

Introduction and Procedure

 

The purpose of the meeting was to consider an application for the granting of a premises licence for 4-6 Howardsgate, Welwyn Garden City. The premises is a commercial unit located within the Handside Ward and central within Welwyn Garden City Town Centre. The commercial unit has been used as a restaurant by restaurant chains including Zizzi’s and ASK Italian, which have operated under premises licenses for activities similar to that of the proposed premises licence application from Chokdee Ltd.

 

Documentary Evidence

 

A copy of the Licensing Officer’s report, the premises licence, resident’s written representation, application for review of the license and a site location map had previously been circulated.

 

 

 

Report of the Licensing Officer

 

The Licensing Officer presented her report on an application which had been received from the Applicant under the Licensing Act 2003 for a licence for the sale of alcohol Monday - Sunday 11:00-00:00 on and off the premises, Late night refreshment Monday - Sunday 23:00-00:00 indoors only with premises opening hours to the public Monday - Sunday 11:00-00:30. With extended Hours from the start time on New Year's Eve to the finish time on New Year's Day.

 

The Licence Hearing was a result of the Licensing Authority having received two formal written relevant representations against the application within the 28 day consultation period. The representations against the application had been submitted under the Licensing Act 2003 on the statutory grounds of Prevention of Public Nuisance, one from a member of the public who is a neighbour of the premises and one from a Local Ward Councillor for Handside Ward.

 

The representations related to preventing nuisance by noise particularly to the neighbouring flats located at 8 Howardsgate. Both representations presented concerns of the potential noise created outside of the premises in the outdoor seating area which is located to the front of the premises.

 

One representor who is a neighbour of the premises had expressed concerns over the operating and sale of alcohol hours that have been proposed by the applicant. The representor had made reference to the premises licence hours which were operated by the previous occupier of the commercial unit Zizzi’s. The representor requested the Licensing Committee to restrict the hours of operation and the sale of alcohol to the times previously operated by Zizzi’s.

 

The Licensing Officer had also provided in the report the licensable activities and hours which were permitted under the premises licence for Zizzi’s for the Committee to consider.

 

Applicant/License Holder’s Representative

 

The Licence Holder, D. Salaj (Chokdee Ltd) was represented by C. Bayliss (Agent). C. Bayliss stated that the premises was previously used as a restaurant by Zizzi’s and ASK Italian and they have operated under a similar premises license to the proposed premises license. There are some differences to the proposed operating times to that of Zizzi’s such as opening hours are the same every week but the proposed opening time is 11am while Zizzi’s opened at 10am.

 

The restaurant chain, Giggling Squid, offers Thai cuisine and currently has 38 restaurants throughout England. The restaurants offer sit down service. The food is about £30 per head.

 

Question from a Sub-Committee Member

 

1)            On Sundays, will the restaurant be open until midnight?  The agent confirmed thatthe restaurant will be open until midnight on Sundays.  The restaurant will have the same opening hours every week and will have flexibility during the week.

 

Determination

 

The Licensing Sub-Committee had decided to GRANT the application:

 

The Sub-Committee considered an application for the grant of a premises licence at 4-6 Howardsgate, Welwyn Garden City, AL8 6BQ.

 

1.    The Sub-Committee considered the application.

 

2.    The Sub-Committee heard from the applicant, solicitor and licensing officer.

 

3.    The Sub-Committee considered the licensing objectives, the National Guidance and the Councils Licensing Policy.

 

4.    The Sub-Committee considered the area of the premises and the concerns raised in relation to the hours.

 

5.    The Sub-Committee noted that there had been no complaints with the previous premises Licensees (Zizzi) operational hours.

 

6.    The Sub-Committee were mindful of the applicant’s representation, that they would be content, to have the same hours as Zizzi.

 

7.    In view of this, the Sub-Committee considered that the concerns raised would be met and the licensing objectives promoted by granting the application with conditions, that the operational hours would be the same as the previous licensee Zizzi's (Monday to Saturday 10:00 – 00:30) with the exception of Sunday, where the hours will be 11:00 --23:30 and 2 further exceptions, on Christmas Eve and New Year’s Eve, where the hours will be 11:00 – 00:30.

 

8.     Our full determination with reasons for the decision will be published within 5 working days.

 

9.    The parties are notified that they may appeal against this decision to the Magistrates Court within 21 days, beginning with the date of notification of this decision.</AI2>

<TRAILER_SECTION>

 

Meeting ended 2.45pm

GP</TRAILER_SECTION>

 

<LAYOUT_SECTION>

1.FIELD_TITLE

 

FIELD_SUMMARY

 

</LAYOUT_SECTION>

<TITLE_ONLY_LAYOUT_SECTION>

2.FIELD_TITLE

 

</TITLE_ONLY_LAYOUT_SECTION>

 

<TITLED_COMMENT_LAYOUT_SECTION>

FIELD_TITLE

FIELD_SUMMARY

 

</TITLED_COMMENT_LAYOUT_SECTION>

 

<HEADING_SECTION>

FIELD_TITLE

 

</HEADING_SECTION>

 

<COMMENT_LAYOUT_SECTION>

FIELD_SUMMARY

 

</COMMENT_LAYOUT_SECTION>

<SUBNUMBER_LAYOUT_SECTION>

2.1.FIELD_TITLE

 

FIELD_SUMMARY

 

</SUBNUMBER_LAYOUT_SECTION>

 

<TITLE_ONLY_SUBNUMBER_LAYOUT_SECTION>

2.2.FIELD_TITLE

 

</TITLE_ONLY_SUBNUMBER_LAYOUT_SECTION>