BIRMINGHAM CITY COUNCIL

LICENSING SUB-COMMITTEE A

MONDAY, 03 DECEMBER 2018 AT 09:30 HOURS IN ELLEN PINSENT ROOM, COUNCIL HOUSE, VICTORIA SQUARE, , B1 1BB

Please note a short break will be taken approximately 90 minutes from the start of the meeting and a 30 minute break will be taken at 1300 hours. A G E N D A

1 NOTICE OF RECORDING

Chairman to advise meeting to note that members of the press/public may record and take photographs except where there are confidential or exempt items.

2 DECLARATIONS OF INTERESTS

Members are reminded that they must declare all relevant pecuniary and non pecuniary interests arising from any business to be discussed at this meeting. If a disclosable pecuniary interest is declared a Member must not speak or take part in that agenda item. Any declarations will be recorded in the minutes of the meeting.

3 APOLOGIES AND NOTIFICATION OF NOMINEE MEMBERS

4 LICENSING ACT 2003 PREMISES LICENCE (GRANT) - HOT PAN 3 - 30 PIZZA, 1242 COVENTRY ROAD, SOUTH YARDLEY, BIRMINGHAM, B25 8BJ

Report of the Acting Director of Regulation & Enforcement. N.B. Application scheduled to be heard at 09:30am.

5 LICENSING ACT 2003 PREMISES LICENCE (VARIATION) - CHURCH 31 - 174 HILL GARAGE, CHURCH HILL, NORTHFIELD, BIRMINGHAM, B31 3UB

Report of the Acting Director of Regulation & Enforcement. N.B. Application scheduled to be heard at 11:00am.

Page 1 of 174 6 OTHER URGENT BUSINESS

To consider any items of business by reason of special circumstances (to be specified) that in the opinion of the Chairman are matters of urgency.

Page 2 of 174 PUBLIC REPORT

Report to: Licensing Sub Committee A Item 4 Report of: Acting Director of Regulation & Enforcement Date of Meeting: Monday 3rd December 2018 Subject: Licensing Act 2003 Premises Licence – Grant Premises: Hot Pan Pizza, 1242 Coventry Road, South Yardley, Birmingham, B25 8BJ Ward affected: & Haymills Contact Officer: David Kennedy, Principal Licensing Officer, 0121 303 9896, [email protected]

1. Purpose of report:

To consider a relevant representation that has been made in respect of an application for a Premises Licence, which seeks to permit the provision of Late Night Refreshment, to operate on the premises from 11:00pm until 04:00am (Sunday to Thursday) and 11:00pm until 05:00am (Friday and Saturday).

Premises to remain open to the public from 11:00am until 04:00am (Sunday to Thursday) and 11:00am until 05:00am (Friday and Saturday).

2. Recommendation:

To consider the representation that has been made and to determine the application.

3. Brief Summary of Report:

An application for a Premises Licence was received on 11th October 2018, in respect of Hot Pan Pizza, 1242 Coventry Road, South Yardley, Birmingham, B25 8BJ.

A representation has been received from Environmental Health, as a responsible authority.

4. Compliance Issues: 4.1 Consistency with relevant Council Policies, Plans or Strategies:

The report complies with the City Council’s Statement of Licensing Policy and the Council’s Corporate Plan to improve the standard of all licensed persons, premises and vehicles in the City.

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5. Relevant background/chronology of key events:

Mr Hossein Nazari applied on 11th October 2018 for the grant of a Premises Licence for Hot Pan Pizza, 1242 Coventry Road, South Yardley, Birmingham, B25 8BJ. Item 4

A representation has been received from Environmental Health, as a responsible authority. See Appendix 1.

The application is attached at Appendix 2.

Site Location Plans at Appendix 3.

When carrying out its licensing functions, a licensing authority must have regard to Birmingham City Council's Statement of Licensing Policy and the Guidance issued by the Secretary of State under s182 of the Licensing Act 2003. The Licensing Authority is also required to take such steps as it considers appropriate for the promotion of the licensing objectives, which are:-

a. The prevention of crime and disorder; b. Public safety; c. The prevention of public nuisance; and d. The protection of children from harm.

6. List of background documents:

Copy of the representation as detailed in Appendix 1 Application Form, Appendix 2 Site Location Plans, Appendix 3

7. Options available

To Grant the licence in accordance with the application. To Reject the application. To Grant the licence subject to conditions modified to such an extent as considered appropriate. Exclude from the licence any of the licensable activities to which the application relates. Refuse to specify a person in the licence as the premises supervisor.

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Page 30 of 174 BIRMINGHAM CITY COUNCIL PUBLIC REPORT

Report to: Licensing Sub Committee A Item 5 Report of: Acting Director of Regulation & Enforcement Date of Meeting: Monday 3rd December 2018 Subject: Licensing Act 2003 Premises Licence – Variation Premises: Church Hill Garage, Church Hill, Northfield, Birmingham, B31 3UB Ward affected: North Contact Officer: David Kennedy, Principal Licensing Officer, 0121 303 9896, [email protected]

1. Purpose of report:

To consider a relevant representation that has been made in respect of an application to vary a condition listed under Annex 3, Section 3b) from:

- Night Pay Window – Between the hours of 2300 hours and 0500 hours when the premises are single manned all sales of alcohol and all other goods will be made through the night pay window and customers will not be permitted entry into the store during the aforementioned times. Should the premises have more than one staff member on duty between 2300 hours and 0500 hours then the doors may remain open and customers allowed into the premises upon the discretion of the staff on duty.

To:

- Between the times of 2300 hours and 0500 hours, public access into the main shop is to be controlled/restricted by an access control system. Public entry into the premises is only allowed at the discretion of the duty staff.

The application is to vary a condition only and there is no change to the licensable activities or hours.

2. Recommendation:

To consider the representation that has been made and to determine the application.

3. Brief Summary of Report:

Variation application received on 16th October 2018 in respect of Church Hill Garage, Church Hill Northfield, Birmingham, B31 3UB.

A representation has been received from Police as a responsible authority.

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4. Compliance Issues: 4.1 Consistency with relevant Council Policies, Plans or Strategies:

The report complies with the City Council’s Statement of Licensing Policy andItem the5 Council’s Corporate Plan to improve the standard of all licensed persons, premises and vehicles in the City.

5. Relevant background/chronology of key events:

Global Fuel (UK) Limited applied on 16th October 2018 to vary the Premises Licence for Church Hill Garage, Church Hill, Northfield, Birmingham, B31 3UB.

A representation has been received from , as a responsible authority, which is attached at Appendix 1.

The application is attached at Appendix 2.

The current Premises Licence is attached at Appendix 3.

Site Location Plans at Appendix 4.

When carrying out its licensing functions, a licensing authority must have regard to Birmingham City Council's Statement of Licensing Policy and the Guidance issued by the Secretary of State under s182 of the Licensing Act 2003. The Licensing Authority is also required to take such steps as it considers appropriate for the promotion of the licensing objectives, which are:-

a. The prevention of crime and disorder; b. Public safety; c. The prevention of public nuisance; and d. The protection of children from harm.

6. List of background documents:

Copy of the representation as detailed in Appendix 1 Application Form, Appendix 2 Current Premises Licence, Appendix 3 Site Location Plans, Appendix 4

7. Options available

To grant the variation application To refuse the whole or part of the application To modify the conditions of the Licence

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