Report
to
North Ayrshire Licensing
Board
by
Senior Solicitor (Licensing)
Subject: Application for Grant of Premises Licence -
Licensing (Scotland) Act 2005, Section 20:
Premises - Romeo and Juliet, 73 Main
Street, West Kilbride.
Applicant - Mr. Yasser Sadek
Board ref.: WK-PH-4-0251
Premises Manager: Mr. Yasser Sadek
Personal Licence ref. - NA 0963
Purpose: To advise the Board of the background and
the legal issues.
Recommendation: That the Board consider and decide the
Application.
1. Background
The Applicant has applied for the Grant of a Premises Licence for café bar and bistro
on the ground floor of what was formerly the Wellington Hotel. The Premises consist
of a Coffee Bar at the front (exiting onto Main Street) and a Bistro (exiting onto
Hunterston Road). The Premises are immediately adjacent to the Kilbride Tavern,
which also exits onto Main Street.
2. Licensed Hours
The Application is for on-sales only. The operating hours are:
Mon 11.00 22.00
Tue 11.00 22.00
Wed 11.00 22.00
Thur 11.00 22.00
Fri 11.00 24.00
Sat 11.00 24.00
Sun 12.30 22.00
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3. Capacity etc.
The Premises have a capacity of 70 customers.
Activities other than the sale of alcohol:
(a) Generally: Restaurant facilities, Bar Meals, Receptions, Club or other
group meetings.
(b) Entertainment: Recorded Music and Televised Sport.
(c) The Premises do not have Outdoor Drinking Facilities.
(d) The Premises allow all under-18s. 'Children' (0-15 years) if
accompanied by adult; 'Young Persons' (16-17) unaccompanied. In both cases:
access requires partaking a meal, and access allowed to all parts of Premises
throughout Core Hours.
4. Policy
The Application is consistent with the Board's Policy as to hours and other matters.
5. Initial Procedure
In general, Applications must be intimated to:
(a) occupiers of land within 4 metres of the boundary of the Licensed Premises;
(b) the local Community Council;
(c) North Ayrshire Council;
(d) the Chief Constable, and
(e) the Fire Enforcing Authority,
although the exact intimation requirements vary depending on the type of Premises.
In addition, the Board requires to put an advertisement of the Application on its public
website.
All appropriate intimation and publication has been carried out.
In addition, the Applicant requires to display a Site Notice at or near the Premises for
21 days, and then give the Board a Certificate confirming that display.
At the time of preparing this Report (15 October 2010) the Board has not been given
a Certificate. Unless the Board has evidence that the Site Notice has been displayed,
the Board cannot determine the Application.
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6. Objections and Representations
There are no objections or representations.
7. Convictions
The Chief Constable has confirmed that the Applicant has no relevant or foreign
convictions.
8. Conditions
Any Licence granted will be subject to the appropriate parts of the Board's Standard
Conditions: Parts A, C and F.
9. Grounds of Refusal
In all Applications, whether or not there are third-party objections, the Board must
consider whether or not the Application is inconsistent with any of the Licensing
Objectives:
(a) preventing crime and disorder,
(b) securing public safety,
(c) preventing public nuisance,
(d) protecting and improving public health, and
(e) protecting Children from harm.
The Police have supplied an Antisocial Behaviour Report. In all Applications after the
Transitional Period, the Chief Constable must submit an Antisocial Behaviour report.
The Board should not take from the existence of the ASB report that there is any
Police objection or representation. If there is, this will be highlighted separately.
Copies of the ASB report will be distributed to Board Members. The Board must take
into account that Report in considering whether the granting of the Application would
be inconsistent with any of the Licensing Objectives (Section 23(6)(b)).
10. Observations
The Mandatory Condition requiring Baby-Changing Facilities accessible by both
genders applies (Sch. 3, Para. 12, SC C.3). The Application does not indicate where
these facilities would be.
Applicant should:
(a) state where such facilities will be, or
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(b) amend OP to exclude children under 5; or
(c) give Board an undertaking that the Premises will not open until necessary
facilities are in.
Without such facilities, or without children under 5 being excluded, reasons to refuse
may exist:
(a) the Application is inconsistent with Licensing Objective (d): "protecting and
improving public health";
(b) the Application is inconsistent with Licensing Objective (e): "protecting
children from harm";
(c) Premises are unsuitable for use for the sale of alcohol.
11. Recommendation
The Act also sets out some other potential grounds of refusal (relating to unsuitability
of premises, and overprovision). It is the opinion of the Clerk that none of the
potential 'Grounds for Refusal' apply, and that the Application should be granted
subject to the parts of the Standard Conditions described above.
Patrick Boyle
Clerk to the Board
For further information please contact William O'Brien, Senior Solicitor (Licensing) on
01294-311998
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