Agenda item

The Licensing Officer presented the report and outlined the application for a new Premises Licence under section 17 of the Licensing Act 2003 in respect of Diamond Grill, on the corner of Nicholson Way and Walker Court, Cambridge.  The licence was for Late Night Refreshment, from 23:00 to 00:00, from Monday to Sunday inclusive. 

 

The Diamond Grill van had previously parked on Arbury Road, but due to refurbishments on Arbury Road, the space was no longer available and would not be available once the work had been completed. 

 

Representations had been received from eight Other People. 

The Licensing Officer advised that should the Premises Licence be granted, Conditions as set out at Appendix D to the report would apply, which had been agreed with Cambridgeshire Constabulary (Condition 1) and Environmental Health (Conditions 3-5) respectively.  Conditions 2 and 6 had been offered by the applicant. 

 

It was noted that because the Diamond Grill van was not situated within a cumulative impact area, the legal advisor advised that the Licensing Act 2003 and the Guidance under section 182 of the Act required a Sub-Committee to come to a balanced view having taken account relevant points from both parties. 

 

Ms Baykal, on behalf of Mr Ince, made the following points as Applicant’s Representative:

 

-        Outlined the business’s longstanding presence in the area, the reasons for the move from Arbury Road, and their willingness to minimise any impact the business may have on neighbouring residential premises; 

-        The attempts undertaken by the business to minimise any nuisance e.g. by purchasing a new generator, provision of bins and litter picking, and encouraging customers (the majority of whom were families) to respect the neighbours and the environment;

-        Whilst acknowledging the concerns of those who had made representations, felt that some of the issues raised did not result from the business e.g. speeding vehicles.

 

In response to Member questions, the Applicant’s Representative:

-        Advised that the majority of clientele were families, with few single people.  Those coming from pubs rarely used the business as there were other similar catering businesses operating closer to the pubs;

-        Advised that the current site was preferred from the three sites offered by the Highways Authority, the other two being (i) near a junction on the Histon Road and (ii) near a junction between Arbury Road and Milton Road;

-        reiterated that they took the issues raised in representations very seriously, and had taken measures to address those concerns;

-        confirmed that their new generator had been operational on site since 03/10/16, and this was much quieter than the previous generator;

-        confirmed that they had not had any visits or issues raised by Environmental Health.

The Sub-Committee heard a representation from one “other person”, local resident, Gina Ghensi.  In her representation, she:

 

-        explained how the takeaway business had effectively been set up with no notice or consultation, in a residential area;

-        whilst appreciating the efforts taken by the business to pick up litter, commented that there was still an increase in litter on the roads and pavements, in neighbouring gardens and green spaces;

-        advised that the business had led to an increase in noise nuisance to local residents, by attracting individuals who would not usually be there, and also an increase in vehicle movements;

-        referred to the noise issues from the generator.  In response to a Member question, she advised that there was still a humming noise from the new generator when she stood outside.

 

Arising from questions, Ms Ghensi confirmed that she had made an enquiry and a complaint to the City Council’s Licensing team.  She also commented that whilst she could not definitely confirm that the additional litter was coming from the Diamond Grill, it was highly likely, and she explained how the volume and type of litter in the location had changed recently eg chips in her driveway.

 

Members withdrew at 11:55am and returned at 1:25pm. Whilst retired and having made their decision, the Legal Advisor assisted with the drafting of the decision.

 

Decision:

 

The Sub-Committee decided to grant the premises licence as applied for, for the following reasons:

 

1.      The Diamond Grill van was not situated within a cumulative impact area;

2.      Cambridge City Council’s Licensing Committee has no control over the business’s operation prior to 11pm;

3.      Cambridge City Council’s Licensing Committee cannot and did not determine the location of this business.

 

The Sub-Committee did not take into account the following factor:

 

1.      the location of the other two food vans operating in the area, as they were trading at some distance from applicant’s van, and their location did not impact on the application.

 

The Sub-Committee decided to grant the premises licence application as applied for and to amend the proposed conditions as follows:

The prevention of crime and disorder:  A CCTV system should be installed and maintained in working order. The system will incorporate a camera covering the area where customers will be served.

Public Safety: The surrounding area shall be kept clear of any trip hazards.

The prevention of public nuisance: A litter bin shall be placed on both sides of the van for the use of customers.  Litter picks shall be undertaken by staff in the immediate vicinity of the premises at 23:00 hours, 23:30 hours and prior to departure.  A prominent notice shall be displayed at the premises requesting customers to keep the noise to a minimum and respect the needs of local residents.

The protection of children from harm: all sharp utensils shall be safely locked away at all times they are not in use.

The Sub Committee decided to grant the premises licence for the following reasons:

The Sub-Committee took into account the representations which had been received from other persons and gave particular weight to the residents’ concerns about the level of litter, which had increased in the area since the van started trading from this location. It is believed that the amended conditions attached to the premises licence will address these concerns.

The Sub-Committee also noted that the applicant had installed a new generator, which had only been in use for a week ahead of the hearing. The applicant stated that the new generator was much quieter than the previous one. The sub-committee had no conclusive evidence about the noise emitted by the new generator and if the noise did constitute a public nuisance, the residents affected will be able to seek a review of the premises licence.

The Sub-Committee have noted that there were representations about the issues of odour and fumes from the van, which may also be addressed by the review process if there was evidence that they amounted to a public nuisance.