Agenda item

Also present:

Officers:  Penny Button, Head of Safer Neighbourhoods

  Gavin Happe, Interim Senior Litigation Lawyer

  Christopher Brown, Environmental Protection Officer

Applicant: Mr Halil Tekagac

Applicant’s representatives: Caner Avci, Abullah Gumus

Members of the public making representations: Mr Paul Stephens, Ms Claire Stephens

The Head of Safer Neighbourhoods outlined the report.

The Applicant’s representative addressed the Sub-Committee.

Members asked questions of the Applicant.

The Environmental Protection Officer addressed the Sub-Committee.

A representation was received from a member of the public.

All parties summarized their representations.

Further to debate, Members agreed:

This was an application for a new premises licence made under Part 3 of the Licensing Act 2003, in respect of premises known as Bomba Kebab at 6 Cliff Terrace, Margate, Kent, CT9 1RU.  The Applicant was Mr Halil Tekagac. 

The application before us is specifically for the provision of late night refreshment only.

Prior to the hearing the Environmental Health Service agreed with the Applicant the following times during which the licensable activity could be carried out and one further condition:

- For the Provision of Late Night Refreshment:

Monday to Sunday 23:00 hours until 02:00 hours the following day

Friday and Saturday 23:00 hours until 02:30 hours the following day

- Opening Hours:

Monday to Sunday 14:00 hours until 02:00 hours the following day

Friday and Saturday 14:00 hours until 02:30 hours the following day 

- Condition:

From 01:00 hours until the premises closes (02:00 hours) Sunday to Thursday, late night refreshment shall only be permitted in the form of deliveries to external addresses.  The premises shall not permit walk-in patrons to be served after 01:00 hours. 

We have received evidence from the Applicant, the Environmental Health Service, and from two interested parties.  We have paid very close attention to all of the material which has been placed before us. 

We understand the concerns that have been expressed and acknowledge that there is some localised noise nuisance and anti-social behaviour taking place in the vicinity of the premises.  However, we note that these concerns are not directly attributable to the operation of this premises. 

Taking everything into consideration, we are satisfied that this application can be granted in the terms agreed between the Applicant and the Environmental Health Service (as set out above), subject to the following, additional conditions, which we consider to be both appropriate and necessary for the promotion of the licensing objectives, in particular, the objective relating to the prevention of public nuisance, we have noted that during the course of the hearing, the Applicant indicated his agreement to the adoption of these conditions which are:

Additional Conditions:

1. Any tables and chairs placed outside the premises for the use of patrons must be removed and secured by 22:00 hours on every day that the premises is open for business.

2.  The Premises Licence Holder must provide a refuse bin outside the premises for use by patrons.

The Sub-Committee would like to thank each of the parties for their participation in and contribution to this hearing, and would like to remind the Applicant, as the holder of a new premises licence, of the importance of complying fully with the conditions on the licence, as failure to do so could result in the licence being reviewed.