Licence Application for UK’s first year-round 24 hour chip shop refused along with other late night applications made by same operator in Cardiff City Centre.  

A Licensing Sub Committee has refused a number of applications made by the operator of Pulse Night Club and Café for extensions to various licensed premises in Cardiff city centre, including an application for a fish and chip shop to operate ‘round the clock’.

The applications

The applicant sought to extend the hours of its fish and chip shop so as to allow 24 hour opening 365 days a year.  He also submitted applications to extend the opening hours of Pulse Café Bar and Nightclub, and for its Mardi Gras Street Party events.

The applicant’s premises and the location of the Mardi Gras parties all lie within the city centre, which has been designated by the Council as a cumulative impact zone. The Council’s licensing policy creates a rebuttable presumption that the application will be refused unless the applicant can successfully demonstrate that the premises will not add to the negative cumulative impact on one or more of the licensing objectives.

The objections

Cardiff Licensing Authority made written representations against the applications on the ground that the applicant had not given sufficient information to rebut the presumption of refusal. Other representations against the applications were made by local residents, the police and a nearby hotel (Jury’s Inns), which drew attention to existing noise-nuisance complaints by hotel guests.

South Wales Police supported the Council’s policy and asked the sub-committee to refuse the applications on the ground of adverse cumulative impact.

The decision

In refusing the applications, the Licensing Sub Committee said:

“We consider that the applicant has failed to successfully demonstrate in their operating schedule and their submissions today of how they would address the implications of cumulative impact or how they would promote the licensing objectives. By not doing this the applicant has not satisfied us that granting [the applications] would not add to the negative cumulative impact in this area. We therefore resolve to refuse the application[s].”

Gerald Gouriet QC appeared for Cardiff City Council Licensing Authority.

Richard Cole appeared for the South Wales Police

Leo Charalambides appeared for Jury’s Inns