Agenda item

4.1

The Chief Licensing Officer submitted a report on 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 Ms Mistry’s, 250-254 London Road, Sheffield, S2 4PA (Ref No. 76/21).

4.2

Present at the meeting were Sheena Patel (Applicant), Chris Grunert (John Gaunt and Co, Solicitors, for the Applicant), Jayne Gough (Licensing Strategy and Policy Officer), Marie-Claire Frankie (Solicitor to the Sub-Committee) and John Turner (Democratic Services).

4.3

Marie-Claire Frankie outlined the procedure which would be followed during the hearing.

4.4

Jayne Gough presented the report to the Sub-Committee, and it was noted that representations had been received from one interested party, but they were not in attendance at the meeting.

4.5

4.5 Chris Grunert stated that the premises were situated at the junction of Sharrow Lane and London Road, and would be focusing on the sale of Indian tapas-style food.  He referred to the plan in the report, indicating that the premises were modest in size, and had seating for a maximum of 18 customers.  The proposed opening hours applied for were 11:00 to 23:00 hours, with the premises to be cleared of customers by 23:30 hours, or possibly earlier, dependent on the number of customers.  Mr Grunert referred to other licenced premises in the area, indicating that such premises had similar opening hours, and the proposed opening hours for Ms Mistry’s had been based on such times.  The applicant was very familiar with the area, having lived there for 15 years.  With regard to the representations, Mr Grunert stated that given the nature of the business, there would be a gradual dispersal of customers, and given the maximum number of customers allowed in at any one time, noise nuisance was not likely to be an issue.  He also stressed that any misbehaviour by customers, either on, or within the immediate vicinity of, the premises, would be dealt with by staff.  Mr Grunert also referred to the conditions offered by the applicant, and set out in the report.  In response to further concerns raised, he stated that a full fire safety risk assessment would be undertaken, the noise and fumes with regard to the extractor fan would be strictly monitored, and that it was not expected that the roller shutters would be used on a regular basis.

4.6

Sheena Patel stated that as the premises would primarily be food-led, she did not envisage any problems with drinking.  She wished to promote the diversity of the food on offer, and would mainly be targeting passing custom.

4.7

In response to questions from Members of the Sub-Committee, it was stated that whilst a full noise survey had been undertaken with regards to the flat above the premises, sound-proofing measures had already been undertaken by the landlord, which had met all required standards.  There was only one entrance/exit, and the applicant had been informed that one toilet would be sufficient for the size of the premises.  The objectors lived further up the road, and there was a clear gap between the premises and their property.  The initial plan was to open around 16:30 hours, and if the demand was there, to open earlier, around dinnertime.

4.8

Mr Grunert summarised the case on behalf of the applicant, adding that the applicant planned to apply for a personal licence.

4.9

Jayne Gough outlined the options available to the Sub-Committee.

4.10

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.

4.11

Marie-Claire Frankie reported orally, giving legal advice on various aspects of the application.

4.12

At this stage of the proceedings, the meeting was re-opened to the attendees.

4.13

RESOLVED: That in the light of the information contained in the report now submitted, together with the representations now made and the responses to the questions raised, approval be given for the grant of a premises licence in the terms requested, in respect of the premises known as Ms Mistry’s, 250-254 London Road, Sheffield, S2 4PA (Ref No. 76/21).

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