03
The Committee received and considered the Licensing Officer's report, noting that this was an application for a new premises licence for El Camino Tex Mex, Beach Road, Hemsby, Great Yarmouth.
It was advised that the premise was described as a takeaway and eat in fast food restaurant. The application was for the supply of alcohol (on and off the premises) from 11am to 11pm each day.
The Licensing Officer advised that the application had received one representation in objection to the application. The representations had been received from Hemsby Parish Council.
It was advised that prior to the meeting, an email had been circulated from the Environmental Health Team which proposed a condition to be included in the operating schedule in relation to signage for the Public Places Protection Order. Committee were advised that the applicant had agreed to the proposed condition in advance of the meeting and this will form part of the operating schedule if the licence was granted.
There were no questions to Ms Hignett from any person present.
The applicant's agent hereby addressed the Committee. He advised that the aim for the restaurant was to provide an authentic Tex-Mex dining experience for families and provide a premises that be managed in line with the licensing objectives. He explained that the only alcohol they are likely to serve in the restaurant will be Mexican beer and themed cocktails and it will be strictly for customers who are ordering food.
The agent advised that the restaurant provided for around 16 seats for inside dining with a further area outside for those wishing to eat outside, he advised that the outside area was a contained area and would be staffed. The agent advised that alcohol would only be services to customers purchasing food.
The Committee were advised that the restaurant hoped to only enhance the area further.
The agent advised that the premises would operate a strict Challenge 25 policy and that clear signage would be in place to promote this.
The applicant's agent summarised the concerns that had been raised in objection to the application by the Parish Council and advised that whilst the concerns raised were understood, it was felt that these were purely speculative with no evidence that this particular application would cause harm.
The agent concluded that the premises El-Camino supported all 4 Licensing Objectives and asked therefore respectfully asked the Committee to consider granting the licence.
The Chairman sought clarity on the number of seating located within the establishment, as this had not been shown on the plan of the premise. This was clarified.
Councillor Newcombe sought clarity on the timings food would served until, this was confirmed as 11pm.
Councillor Newcombe asked the Designated Premises Supervisor, how often he intended on being at the premise. The Designated Premises Supervisor advised that he would be at the premise everyday.
Councillor Newcombe asked where spirits would be kept if the application were to be granted. It was advised that these would be stored in the kitchen.
Councillor Newcombe asked with regard to training, CCTV and refusal logs, and whether records would be kept and made available to any responsible authority if asked for, this was confirmed.
Councillor Newcombe asked for clarity on the timing of the sale of alcohol and whether this was 10pm for outside and 11pm for indoors, this was confirmed.
Councillor Newcombe asked with regard to timing of children being allowed in the restaurant, it was confirmed that this would be no children under 18 unsupervised after 9pm.
Councillor Thompson asked if customers would be able to just come into the restaurant for a drink, it was advised that alcohol would only be served with the purchasing of food.
The Chairman asked how much seating was available outside the premises and whether the seating was on a hard standing facility. This was confirmed as 6 tables of 4 and it was advised that the benches were sat on a concrete base with AstroTurf.
The Chairman raised concern with regard to the use of glass. It was confirmed that plastic glasses would be used.
The Chairman asked how many staff would be on duty at the premises, this was confirmed as 3.
The legal representative, Miss Easey, asked the Applicant to confirm that they were happy to accept the following offered conditions:-
1. No alcohol is to be served in the outdoor seating area of the premises past 22:00.
2. Alcohol will only be served to customers who are also ordering food.
3. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises.
4. All CCTV recordings shall be stored for a minimum period of 28 days.
5. Plastic cups shall be used inside and outside of the premises to consume alcohol.
6. A record shall be kept detailing all refused sale of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall always be available for inspection at the premises by the police or a responsible authority whilst the premises is open.
7. Staff will be trained in relation to the sale of alcohol. Training records shall be kept at the premises and available to any responsible authority on request.
8. Staff will be trained in the understanding of this policy and training records maintained for inspection if requested by the police or any other responsible authority.
9. No open containers of alcohol will be taken off site.
10. The premises will have signage in place advising customers that having an open alcohol container outside the perimeter of a licensed premises is a breach of Public Space Protection Order No. 4 and anyone found in breach could be subject to further action such as the issuing of a fixed penalty notice or further enforcement action as per Great Yarmouth Borough Council’s enforcement policy.
11. No children (defined as a person under 18 years of age) are permitted on the premises unless accompanied by an adult.
12. An incident log shall be kept at the premises, and made available on request to the police or responsible authority, which will record the following:-
- Any refusal of the sale of alcohol
Miss Easey advised that any agreed conditions could not be appealed.
The Applicant asked whether the application could be amended to allow customers to order and be served alcohol outside past 22:00. The Legal Advisor confirmed that the application could not be amended at this stage to become less onerous or restrictive, as people may have decided not to object based on the original application form.
The Chair invited any final questions from the parties in attendance. There were no further questions.
The Chair invited closing statements.
The applicants agent thanked the Committee for their consideration of the application.
The Committee here entered into a confidential debating session.
At 10.45 the Committee returned to the Council Chamber to hear the determination of the application in public.
A summary of the reasons for the committee decision was given.
The applicant was informed of the Rights of Appeal. Any appeal should be made in writing to a Magistrates’ Court within 21 days of receipt of notification of the decision appealed against.
RESOLVED :
That the application be granted.