(a)

considered the report from the Director for Public Health;

(b)

considered representations from the applicant and the landowner;

(c)

considered written representations received in objection to the application;

(d)

heard from the applicant and the landowner that –

·          

the landowner’s father had died suddenly six months ago and the previous premises licence has lapsed as he had neglected to advise the Licensing team within the 30 day notice period and therefore this application was required to go before committee for determination;

·          

the landowner considered Mr Metin Yobas was suitable to run this business in his premises as he reflected his father’s professionalism and values;

·          

the premises had been run as a takeaway establishment for 17 years therefore he considered there was no real change other than it was now being run as a fish and chip shop rather than a kebab takeaway;

·          

Mr Yobas planned to create approximately 10 jobs; he was also regenerating the shop so that it would be an addition to the area;

·          

8 CCTV cameras would be installed; the previous establishment only had 3 cameras;

·          

the applicant agreed to the restriction of opening hours as put forward by the Police;

·          

the applicant had signed a 15 year lease.

(e)

Mr Yobas was unable to control the behaviour and noise of clientele from other premises disturbing local residents however patrons of his premises would be served quickly and encouraged to leave quickly and quietly; the Police would be contacted if trouble arose;

(f)

the landowner’s father previously worked with the Police, patrons and local residents in order to run his establishment;

(g)

Mr Yobas intended to employ several female staff and he considered that they were treated with more respect; he would also work at the establishment and would be available to help diffuse problems if any arose;

(h)

Mr Yobas considered that the hygiene, quality of food, service and security were of a 5 star quality and could not be beaten;

(i)

currently the area was considered to be rather run-down with several shops boarded up or closed; this premises was expected to help regenerate the area and attract a different type of clientele; the premises would be open during the daytime as well as in the evening and at night;

(j)

the location of the premises was on a natural walkway from the Barbican so patrons would pass the establishment on their way home;

(k)

it was not expected that the premises would be open until 3am or 4am very often; the applicant and landowner were encouraged to apply for the full licence and operating hours to ensure more flexibility;

(l)

the applicant had previous experience in running a kebab and pizza premises;

(m)

the premises had a customer toilet installed to prevent customers urinating outside and guaranteed that the outside of the premises would be cleaned to maintain his 5 star rating;

(n)

CCTV images would be retained for 31 days;

(o)

the landowner was keen to reassure local residents that the fish and chip shop was simply replacing the kebab takeaway that had been there for 17 years and would not be opening regularly until 3am or 4am as requested on the licence; during the week the premises was expected to close by midnight.