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Minutes:
The Senior Technical Officer presented the
report and outlined the application.
Member Questions
The Senior Technical Officer made the following
statements in response to Members’ questions:
i.
The owner of the Merhaba Cambridge Limited (restaurant owner prior to
Mediterranean BBQ) became insolvent 20/12/17. The Senior Technical Officer was unclear if the same
people were involved in both the Merhaba
Cambridge Limited and Mediterranean BBQ. The Agent could have clarified this if
he were present.
ii.
Mediterranean BBQ had been selling
alcohol without a licence for about 3 years, but the [current] Applicant took
prompt action to seek one once informed of the need in March 2020.
iii.
The Applicant was told to cease
alcohol sales in March 2020 and it would be a criminal
offence under the Licensing Act if they continued.
iv.
It is unclear if the Applicant was
informed by the owner of the Merhaba Cambridge
Limited that they needed to get an alcohol licence.
v.
Claire Tunnicliffe (Committee
Manager) and Luke Catchpole (Senior Technical Officer) had contacted the Agent
and Applicant to discuss meeting arrangements. Alex Beebe (Senior Technical
Officer) had contacted the Agent to discuss conditions. Luke Catchpole had also
talked to the Applicant, who was not fluent in English, so there was potential
for miscommunication.
vi.
The intention was to seek a
licence for Mediterranean BBQ as per Merhaba
Cambridge Limited, for consumption of alcohol on the premises, with some
limited extensions.
vii.
The Applicant had outlined that
the premises would operate as a restaurant to be open to the public (providing
on-sales of alcohol) until midnight and then close to the public after this
point where, with respect to alcohol sales, it would be delivery (off-sales)
only. From midnight the premises will operate as a takeaway only.
viii.
Conditions agreed with the
Applicant would ensure that alcohol would only be delivered after midnight with
[meal portion] sales of food. The conditions could specify that deliveries
would only be made to addresses, not street corner etc locations.
ix.
Food takeaways could be available
before midnight. The delivery of alcohol would be at all
times. The licence would allow for the off-sale of alcohol by deliveries
only. The Licence would permit on-sales within the times specified, Late Night
refreshment (but only after 11pm) and off-sales (at the times specified) but
only if linked to the delivery of food.
x.
Late night refreshments are sold
in the area/city until 03:00, so there was a precedent for what the Applicant
requested.
xi.
Both Mediterranean BBQ and Merhaba Cambridge Limited traded in the Cumulative Impact
Area. The restaurant was formerly known as the Istanbul and had been in the
Cumulative Impact Area since 2011.
xii.
The current owner had experience
of operating other establishments around the city, including late at night.
These did not sell alcohol.
xiii.
There had been no reported
complaints about the Mediterranean BBQ or Merhaba
Cambridge Limited. Only 1 complaint had been received about the Istanbul, this
was in 2011.
The Committee noted representations listed in appendix 4 of the
Officer’s report.
The Senior Technical Officer reminded Members they
should have regard to the Council’s Statement of Licensing Policy when making
their decision.
The Legal Advisor said that as the Applicant was
not present, Members would have to base their decision on information in the
Officer’s report, including the representations. The Committee needed to fulfil
the requirements of the Licensing Act.
Members
withdrew at 14:35 to consider their decision. Members received legal advice on
the wording of the decision.
Decision
The Sub Committee
resolved to
grant the Licence subject to the mandatory conditions, those submitted by the
applicant, those agreed by the applicant with the responsible authorities
Reason for
reaching the decision were as follows:
i.
The licensable activities do not add to cumulative
impact because of the existence of a previous licence and the new licensable
activities off sales of alcohol is only being sold with food by delivery to
commercial or residential properties.
Supporting documents: