Agenda item

Application for a premises licence for Domino's Pizza, 19-19A High Street, Thame

To consider the head of legal and democratic service’s report. 

Minutes:

Decision Notice

Licensing Act 2003

 

Decision of the Council’s Licensing Acts Panel held on 1 December 2015 regarding an application for a premises licence for Domino’s Pizza, 19-19A High Street, Thame

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Reason for Hearing

To determine the application for a premises licence for Domino’s Pizza, 19-19A High Street, Thame made under section 18 the Licensing Act 2003 (the Act). 

 

Decision

The panel[1] grants the application for a premises licence for Domino’s Pizza, 19-19A High Street, Thame as applied for: 

 

Licensing Activity

Proposed Days and Times

1.    Late Night Refreshment

2.    Monday 23:00 – 00:00

3.    Late Night Refreshment

4.    Tuesday 23:00 – 00:00

5.    Late Night Refreshment

6.    Wednesday 23:00 – 00:00

7.    Late Night Refreshment

8.    Thursday 23:00 – 00:00

9.    Late Night Refreshment

Friday 23:00 – 01:00

10.Late Night Refreshment

11.Saturday 23:00 – 01:00

12.Late Night Refreshment

13.Sunday 23:00 – 00:00

 

In addition to the mandatory conditions required by the licensing authority the licence is subject to the following conditions consistent with the operating schedule;

 

Conditions:

a)    The provision of hot food after 23:00 Sundays to Thursdays, and after midnight on Friday and Saturdays will be by way of delivery only to a person’s place of residence or business and no counter service will be provided at the premises after 23:00 Sundays to Thursdays, and after midnight on Friday and Saturday

 

 

b)    Paragraph 6 of Domino’s Operational Plan to be amended to display the name of the Area Manager rather than the Store Manager.

 

Evidence

The panel considered the licensing officer’s report and accompanying documentation and heard submissions from the applicant and his representative. The panel also considered supporting documents and photographs submitted by the applicant and from local residents.

 

The licensing officer submitted maps showing the location of the premises and the location of CCTV cameras in the vicinity

 

Parties present:

Licensing Officer: Andrew Thomson

Applicant: Jonathan Smith, Kirsty Vaughan and Dorian Xhemali

Interested Parties: Rod Carmichael and Councillor Nichola Dixon (Thame Town Council).

 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      

Reasons for the Decision

The panel took into account the written and oral evidence of all parties; the relevant provisions of the Act; the Secretary of State’s guidance issued under section 182 of the Act; and the council’s licensing policy.  The Panel considered what would be reasonable and proportionate having regard to the Act and associated regulations and guidance, the promotion of the licensing objectives, and the Council’s licensing policy.

 

The panel only took into account evidence relevant to the licensing regime and to the promotion of the licensing objectives. The Panel did not take account of any activities not within the control of the premises or which were not relevant to the licensing objectives.

 

The panel considered the issues raised by the representations made in response to the application noting the concerns about illegal parking by staff and customers, littering and potential noise, disturbance and anti-social behaviour.

 

The panel acknowledged that illegal parking in the area appeared to be causing problems for local residents but while the panel recognised that some of these problems may be caused by the applicant’s staff and customers, the police had raised no objection. It also accepted that the licence application being considered was only  for the provision of hot food after 11pm and took into account the evidence put forward by the applicants that after 11pm the number of delivery drivers and customers was substantially less than during the peak trading period of 5-9pm.

 

With regard to concerns about noise, disturbance and anti-social behaviour, the panel noted that residents’ concerns were mainly about the likelihood of problems occurring in and around the premises rather than events which had taken places during the two weeks that the premises had been open. It also noted that the applicant was an experienced company currently managing approximately 150 other franchised Domino’s Pizza premises and that there had been no objections to the application from the police or environmental health.

 

In response to the concerns expressed by interested parties, the applicants stated that they were willing to close the counter service at 11pm on Sunday - Thursday and midnight on Friday and Saturday and only provide hot food by way of a delivery service after these times.

 

The panel noted that the applicant’s operating schedule and operating plan demonstrated how the four licensing objectives would be promoted.

 

The panel considered that conditions consistent with the operating schedule supplied by the applicant, were sufficient to satisfy the licensing objectives provided the policies and processes supplied by the applicant were put into practice.

 

 

Signed by Councillor ……………….…………………………………(Panel Chairman)

 

Date ……………………

 

 

Informatives

 

1.            If any party wishes to obtain a copy of the minutes of the panel meeting, they can do so by contacting Ron Schrieber, Democratic Services, telephone 01235 540307, email ron.schrieber@southandvale.gov.uk

 

2.            Any party may appeal against the panel’s decision (under section 206 of the Act).  Any appeal must be to the Magistrates' Court within 21 days of the date of this decision notice. This has to be made in the correct manner, accompanied by the required fee. 

 

3.            Responsible authorities, local residents, and ward councillors may request a review of the premises licence if the premises are running licensed activities in such a way as to fail to uphold one of the licensing objectives (prevention of crime and disorder, public safety, prevention of public nuisance, protection of children from harm).

 

 

 

 

 



[1]Councillors David Nimmo-Smith (Chairman),Margaret Davies and Stephen Harrod

Supporting documents:

 

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