To consider report of the Deputy Chief Executive
Application for a New Premises Licence – Noodles and Rice and All Things Spice Van @ Layby Outside the Celtic Bar, Aberdare Road, Merthyr Tydfil
The Committee were advised that the applicant Mrs Lesa Humphreys was unable to be present at the Meeting but had authorised her Sister-in Law Mrs Suzanne Uygun to speak on her behalf. Mr Darren Humphreys the applicants husband was also present as a supporter to Mrs Uygun.
Mr Barry Davies Director of asbri Planning representing an objector was also present at the Meeting.
The Chair then welcomed all parties to the Meeting.
Simon Jones outlined the procedure for the hearing to the Meeting.
Jo Baber then led the Committee in detail through the report.
Mrs Uygun advised that the hours on the application were incorrect as there was no requirement for a finish time of 3.30am and that the finish time should be the same time as the Celtic Bar and Koolers.
Andrew Jenkins Police Licensing Officer referred the Committee to the letter outlining the representations of the South Wales Police and advised that the Police objections in no way reflected on the applicants but were based on Statutory considerations.
Mr Jenkins then referred to Section 182 Guidance of the Licensing Act 2003 and the proposed location of the Van which was clearly identified as being in an area designated for Loading Only.
Mr Jenkins also referred to the footfall in the area together with the increase in traffic and the effect on visibility for both pedestrians and drivers.
Mr Davies then referred to the objections of his client Mr Murat Ongun on the grounds of:
Residential Amenity, Anti-Social Behaviour, Highway Safety and Hours of Operation.
Mr Davies also advised that the concerns were not a reflection of the applicant or the business.
Simon Jones then advised the Committee that consideration had to be given to the four Licensing Objectives.
Mrs Uygun advised on behalf of the applicant that there was a van trading metres from the site and that the applicant had been unaware that it was a Loading Bay and that it was only used in the daytime as the Celtic Bar did not receive evening deliveries. The layby was usually used for Taxis and Minibuses and these vehicles were not moved on.
Mrs Uygun then outlined the lay out of the Van and explained that the van opened onto the pavement and not the road so there would be a queue on the pavement and not on the road.
Mrs Uygun stated that if there were two vans in the area then service should be quicker and customers would disperse sooner as there was a different menu with the two vans.
Mrs Uygun then referred to other food premises where anti-social behaviour from premises selling alcohol did not affect their Licence and the van would not be selling alcohol.
Mrs Uygun also advised that the Owner of the Celtic Bar had confirmed that he was happy for the van to be parked in this location.
Mrs Uygan also enquired how many accidents had occurred in daylight and how many at night.
Mrs Uygan also stated that if the layby was a real issue would there be somewhere opposite the where the van could be parked as the applicant was trying to run a business in a prime location.
Simon Jones advised the Committee that the application was for the van to be located in the layby and therefore the Committee could not consider another location only the application before them. It would also be an issue if the van were parked on the pavement.
Simon Jones also advised that no objections had been received from residents in the area.
Mr Davies then responded to the points that had been raised in the Meeting.
All parties then left the Meeting.
After consideration by the Members it was
The application be rejected.
All parties then re-entered the Meeting and were advised by Simon Jones of the decision of the Committee and the reasons for this decision.