Agenda and draft minutes

RESOLVED that Councillor John Hart be appointed as Chairman.

None.

The Chairman explained the procedure that would be followed at the meeting.

The Sub-Committee heard detailed submissions from Environmental Health, the Licensing Officer, and in addition have read their report and the witness statement submitted. They also considered the written and oral submissions of the local resident, Mr Joannou the Designated Premises Supervisor (DPS) Mr Yaragchi and his son, who is the manager of the premises.  

RESOLVED that the parties be excluded from the meeting, together with the press and public, in accordance with Regulation 14(2) of the Licensing Act 2003 (Hearings and regulations 2005)

The Sub-Committee deliberated in private session, accompanied by the Officer from HB Public Law and the Governance Officer.

The review was made following numerous complaints dating from June 2015 regarding noise, vibration, odour and smoke emanating from the premises and numerous breaches of abatement notices. 

The main unresolved issue is that of the odour nuisance from the premises.  The main source of this is from the extraction system which is not fit for purpose and needs replacing.  In addition to the odour nuisance the premises doesn’t have sufficient ventilation which means staff are leaving the doors and windows open and this is allowing noise to escape and effect local residents.

The Sub-Committee heard detailed submissions from Environmental Health, the Licensing Officer, and in addition have read their report and the witness statement submitted.  They also considered the written and oral submissions of the local resident, Mr Joannous, the Designated Premises Supervisor (DPS) Mr Yaraghchi and his son, who is the manager of the premises. 

The Sub-Committee acknowledge the concerns of the Environmental Health team and in particular the significant delays in Mr Yaraghchi resolving the issues outlined in the abatement notices and the imposition of the acoustic ceiling. 

The Sub-Committee also acknowledge Mr Joannou concerns and noted that he wanted the Sub-Committee to revoke the late license and he wanted to see that a proper extractor fan was installed and there was adequate sound proofing in the form of an acoustic ceiling and replacement of all the windows and doors.

The role of the Sub-Committee is to determine what steps should be taken in connection with the premises licence, namely the prevention of public nuisance.

We must consider whether the owner or any DPS is able or indeed willing to comply with the legal requirements of holding a licence and what action is appropriate to promote the licensing objectives in view of the problems at this premise.  The Sub-Committee has been asked to consider all options. 

The Sub-Committee must consider how to promote the licensing objectives. 

The Sub-Committee were informed by Mr Yaraghchi that the premises have been closed since the 9 January 2018 and the owners are currently undertaking a considerable programme of works which they state will resolve all of the problems. 

The Sub-Committee notes that the Licensee’s engagement with Council Officers has been extremely slow, it is only now after two years and numerous breaches of abatement notices, that he is intending to carry out significant refurbishment of the premises, However In light of the proposed works, the Sub-Committee has decided to suspend the licence for a period of two months to enable Mr Yaraghchi to complete appropriate works,  The suspension will commence immediately save for the usual laws governing appeals.

In addition to the suspension the Sub-Committee wish to attach the following conditions to the licence:

• Mr Yaraghchi must install an acoustic ceiling covering the entire ceiling to the satisfaction of Mr Ralph Haynes the Environmental Health Officer.
• The programme of refurbishment works that Mr Yaraghchi is currently carrying out to the licensed premises needs to be agreed and approved by the Environmental  ...  view the full minutes text for item 8.

None.