The owner of a new kebab house who was said to have spent more than £100,000 kitting it out has been granted a licence in Swansea's Wind Street, despite strong objections from fast food operators nearby. Flame Kebab House replaces what used to be Tino's restaurant. It will be open from 4pm to 5am seven days a week, with the new premises licence covering the 11pm to 5am period.
Its owner was represented at a council sub-licensing committee hearing by solicitor William Parry. Asbri Planning director Barrie Davies represented Big Daddy's Pizza and Kebab, Chick O Land, The Dog House, Swansea Kebabs and Pizza Emporium, which all trade on the same street and opposed the application.
A council licensing officer told the meeting that an assessment of a long-standing cumulative impact policy for Wind Street and surrounding streets, which experience late night anti-social behaviour, had not been carried out in the required time and that therefore no regard should be paid to it by the sub-committee. You can get more Swansea news and other story updates straight to your inbox by subscribing to our newsletters here.
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The precise legal position surrounding this policy, which has a presumption against new licences likely to add to the existing cumulative impact, was debated at length. Mr Davies argued it did apply, and that Flame Kebab House did not meet any of the policy's exemptions and that therefore it should be refused. The council's legal officer, Aled Gruffyd, said it was his view that the policy wasn't valid because the required assessment and consultation hadn't been undertaken in time.
Mr Davies contended that any revisions to the policy had to be published by the authority, and asked to see evidence of this. He also said there was nothing in the relevant act to say a failure to review the policy meant it "should fall away." After further exchanges, Mr Gruffyd said: "I appreciate there is a dispute here, and that might be a dispute for a higher court." You can read more stories about Swansea here.
Mr Davies went on to say it was critical that Wind Street had a mixture of venues and that an increase of outlets which were closed for most of the day would make it "increasingly dead" and more like Cardiff's Caroline Street, "also known as chip alley".
Another such late-night premises, he said, would clearly result in "additional activity". He added: "My clients are established, responsible business owners in Wind Street who are clearly concerned about the presence of another late-night premises licence, which will have a cumulative impact, which in turn will have a negative impact on crime, disorder, public nuisance and public safety." A decision to award the licence, he said, "could quite rightly be subject to legal challenge".
Mr Parry, on behalf of the applicant, who is originally from Iraq, said he had signed a 10-year lease from the Coastal Housing-owned unit and spent "in excess of £100,000 in kitting it out". The rent, he said, was £18,000 per year. He said his client had described the venture as "a Middle Eastern barbecue and grill", which would serve more in the way of ribs and chops in the afternoon and early evening.
Mr Parry said Wind Street "had become a bit of monster for a while" but that it was not like that now. He added it was "massively important" that responsible authorities like South Wales Police had not objected to the application and that, cumulative impact policy or not, the sub-committee would consider it on its merits.
Mr Parry also said Mr Davies's suggestion that Flame Kebab House would encourage more people onto Wind Street was "frankly farcical". It was his view the objection from the existing operators was really about "a little less trade for everyone else".
Before sub-committee members sought advice and retired to consider their decision, Mr Davies restated his position that any revisions to the cumulative impact policy must be published. "We think the policy still applies," he said. The council confirmed the application had been approved.
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