BIRMINGHAM CITY COUNCIL LICENSING SUB-COMMITTEE A MONDAY, 03 DECEMBER 2018 AT 09:30 HOURS IN ELLEN PINSENT ROOM, COUNCIL HOUSE, VICTORIA SQUARE, BIRMINGHAM, 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 BIRMINGHAM CITY COUNCIL 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: Tyseley & 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. Page 3 of 174 1 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. Page 4 of 174 2 Appendix 1 Item 4 Page 5 of 174 3 Item 4 Page 6 of 174 4 Item 4 Page 7 of 174 5 Appendix 2 Item 4 Page 8 of 174 6 Item 4 Page 9 of 174 7 Item 4 Page 10 of 174 8 Item 4 Page 11 of 174 9 Item 4 Page 12 of 174 10 Item 4 Page 13 of 174 11 Item 4 Page 14 of 174 12 Item 4 Page 15 of 174 13 Item 4 Page 16 of 174 14 Item 4 Page 17 of 174 15 Item 4 Page 18 of 174 16 Item 4 Page 19 of 174 17 Item 4 Page 20 of 174 18 Item 4 Page 21 of 174 19 Item 4 Page 22 of 174 20 Item 4 Page 23 of 174 21 Item 4 Page 24 of 174 22 Item 4 Page 25 of 174 23 Item 4 Page 26 of 174 24 Item 4 Page 27 of 174 25 Appendix 3 Item 4 Page 28 of 174 26 Item 4 Page 29 of 174 27 Item 4 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: Kings Norton 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 West Midlands Police as a responsible authority. Page 31 of 174 1 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 the 5 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 West Midlands Police, 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 Page 32 of 174 2 Appendix 1 Item 5 Page 33 of 174 3 Appendix 2 Item 5 Page 34 of 174 4 Item 5 Page 35 of 174 5 Item 5 Page 36 of 174 6 Item 5 Page 37 of 174 7 Item 5 Page 38 of 174 8 Item 5 Page 39 of 174 9 Item 5 Page 40 of 174 10 Item 5 Page 41 of 174 11 Item 5 Page 42 of 174 12 Item 5 Page 43 of 174 13 Item 5 Page 44 of 174 14 Item 5 Page 45 of 174 15 Item 5 Page 46 of 174 16 Item 5 Page 47 of 174 17 Item 5 Page 48 of 174 18 Item 5 Page 49 of 174 19 Item 5 Page 50 of 174 20 Item 5 Page 51 of 174 21 Item 5 Page 52 of 174 22 Appendix 3 Item 5 Page 53 of 174 23 Item 5 Page 54 of 174 24 Item 5 Page 55 of 174 25 Item 5 Page 56 of 174 26 Item 5 Page 57 of 174 27 Item 5 Page 58 of 174 28 Item 5 Page 59 of 174 29 Appendix 4 Item 5 Page 60 of 174 30 Item 5 Page 61 of 174 31 Item 5 Page 62 of 174 Item 5 Page 63 of 174 Item 5 Page 64 of 174 Item 5 Page 65 of 174 Item 5 Page 66 of 174 Item 5 Page 67 of 174 Item 5 Page 68 of 174 Item 5 Page