Agenda item

5.1

The Chief Licensing Officer submitted a report to consider an application, made under Section 17 of the Licensing Act 2003, for the grant of a premises licence in respect of the premises known as Soul Food, 285 Ecclesall Road, Sheffield. S11 8NX (Ref No.03/20)

5.2

Present at the meeting were Sean Gibbons (Health Protection Officer), Elaine Cresswell (Health Protection Officer), Ata Izadi (Applicant), Jayne Gough (Licensing Strategy and Policy Officer), Samantha Bond (Legal Adviser to the Sub-Committee) and Jennie Skiba (Democratic Services).

5.3

Samantha Bond outlined the procedure which would be followed during the hearing.

5.4

Jayne Gough presented the report to the Sub-Committee, and it was noted that representations in respect of the application had been received from the Health Protection Service, the Environmental Protection Service and a local resident and were attached at Appendix “B” to the report.  The Planning Service had also submitted comments regarding the lack of planning permission at the premises, but did not lodge a formal representation. Ms. Gough stated that the Environmental Protection Service had agreed conditions and reduced opening hours with the applicant, which had resulted in the local resident and the Environmental Protection Service withdrawing their representations prior to the hearing.

5.5

Sean Gibbons stated that the applicant had failed to communicate with him to arrange site visits for the premises and acknowledged that the applicant had recently been out of the country and only recently returned.  He said that his initial concerns were that the original application had been for a take-away business, but the plan received had shown tables inside the premises and that there was a lack of facilities for clientele if the business was not purely for take-away food.  Mr. Gibbons said he had sought clarification of what the business would be and there had been a last minute development prior to the meeting.  He submitted a revised plan that had been agreed with the applicant.

5.6

In response to questions from Members of the Sub-Committee, Mr. Gibbons stated that he was now satisfied that the business would be take-away only and that the toilet shown on the revised plan was for the sole use of staff.  He said that the premises had previously been used as a charity shop and as there were no structural works to be carried out, he didn’t think that a building control certificate would be necessary.

5.7

Ata Izadi confirmed that the business would be take-away food only and that the tables and chairs shown on the original plan would be removed with only a waiting area being provided at the front of the premises. Mr. Izadi said that this would be the first time he had managed a take-away business and he was waiting to obtain the licence before applying for planning permission and carrying out the necessary works to the premises.

5.8

Jayne Gough commented that the initial application had been for patrons to sit inside the premises, but had now changed to take-away.  Therefore, it was no longer necessary for the premises to be licensed for an extra half hour after closing time. Clarification was also obtained from Mr Izadi that a delivery service was not going to be offered, and that collection and takeaway only would be provided.  Jayne Gough clarified that the actual provision of the hot food was the licensable activity and that the time of the last order of hot food had to be managed to ensure that no food is provided beyond the last licensed time. 

5.9

Sean Gibbons, in summing up, stated that he would keep in contact with the applicant and would provide him with details of all the relevant Responsible Authorities to assist him in starting up his business.

5.10

Jayne Gough reported on the options available to the Sub-Committee.

5.11

RESOLVED: That the public and press and attendees involved in the application be excluded from the meeting before further discussion takes place on the grounds that, in view of the nature of the business to be transacted, if those persons were present, there would be a disclosure to them of exempt information as described in paragraph 5 of Schedule 12A to the Local Government Act 1972, as amended.

5.12

Samantha Bond reported orally, giving legal advice on various aspects of the application.

5.13

At this stage in the proceedings, the meeting was re-opened to the public and press and attendees.

5.14

RESOLVED: That, in the light of the information contained in the report now submitted, the representations now made and the responses to the questions raised, the Sub-Committee agrees to grant a premises licence in respect of the premises known as Soul Food, 285 Ecclesall Road, Sheffield S11 8NX (Ref No.03/20), subject to:-

(a)       the hours the premises are open to the public be reduced to 12.00 p.m. to 12.00 a.m. Sunday to Thursday and 12.00 p.m. to 01.00 a.m. Friday and Saturday; and

(b)       the premises operating as take-away only.

(The full reasons for the Sub-Committee’s decision will be included in the written Notice of Determination.)