Item 6 - Application for Late Hours Catering Licence - Rolling Smoke Ltd.
West Dunbartonshire Council · 4 June 2025
Back to Licensing Committee — 4 June 2025 and its agenda
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WEST DUNBARTONSHIRE COUNCIL Report by Chief Officer – Regulatory & Regeneration Licensing Committee – 4 June 2025 Subject: Application for grant of a Late Hours Catering Licence 1. Purpose 1.1 To consider an application for the grant of a Late Hours Catering Licence submitted by Rolling Smoke Clyde Ltd., which names Mr. Waleed Totakhyl, Flat 1/1 2038 Dumbarton Road, Glasgow G14 0HH as sole director, to operate from the premises at 468 Dumbarton Road, Clydebank G81 4DN. 2. Recommendations 2.1 It is recommended that the application be considered and determined by the Committee. 3. Background 3.1 Rolling Smoke Clyde Ltd. submitted a valid application for grant of a Late Hours Catering Licence to the Council on 17 September 2024. 3.2 An email was received from the Chief Constable of Police Scotland on 3 December 2024 advising that the Police had no objections or representations in connection with the application. 3.3 A memo was received from an officer from the Council’s Environmental Health Team on 13 February 2025 submitting an objection in connection with the application. A further memo dated 28 March 2025 was received updating the Environmental Health position in regard to their objection. 3.4 A Late Hours Catering Licence was issued to MGE GLA Ltd. for the premises at 468 Dumbarton Road, Clydebank G81 4DN on 6 December 2022 with an expiry date of 5 December 2025. The director of the Licence holding company submitted an email dated 17 September 2024 surrendering the licence. 3.5 The hours operated by the previous licence holder operating from the premises were:- Monday to Thursday 11 pm - 12.30 am Friday and Saturday 11 pm – 1.30 am Sunday 11pm – 12.30 am 3.6 At the meeting of the Licensing Committee held on 16 April 2025, Members agreed to the request from the applicant to continue the matter to the next meeting as they were unable to attend.
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4. Main Issues 4.1 The operating hours requested by Mr. Waleed Totakhyl are:- Monday to Thursday 11 pm - 1 am Friday to Sunday 11 pm – 2.30 am The applicant describes the premises as a fast-food takeaway selling burgers, peri-peri chicken and desserts. Mr. Waleed Totakhyl is also named on the application form as the day-to-day manager. 4.2 On 11 December 2024 Mr. Waleed Totakhyl submitted the Certificate of Compliance confirming that a notice had been posted at or near to the premises. It was noted however that the Certificate of Compliance had not been completed. In the accompanying email the applicant stated that the hours being sought were different to that stated in the original application. 4.3 On 28 January 2025 the applicant advised that he wished to apply for the hours requested on the original application and the Certificate of Compliance was received on 30 January 2025. 4.4 In recent years, applications for late hours catering licences have been granted by the Committee subject to the operating hours being restricted to co-relate to the closing hours of the nearest licensed premises, i.e. the late hours catering premises being allowed to operate until 30 minutes after the closing time of the nearest public house or nightclub. The nearest licensed premises in relation to 468 Dumbarton Road, Clydebank G81 4DN are detailed below in order of proximity. It should be noted that the nearest licensed premises to 468 Dumbarton Road becomes Club Mango (trading as Tempo) once the 6 public houses listed below, close for business. Tempo is approximately 0.6 miles from 468 Dumbarton Road. The Cabin Inn, 474 Dumbarton Road Sunday to Thursday – 11 am to 12 Midnight and Friday and Saturday – 11 am to 1 am The Park Bar, 421/423 Dumbarton Road Sunday to Thursday – 11 am to 12 Midnight and Friday and Saturday – 11 am to 1 am The Horse and Barge, 688 Dumbarton Road Sunday to Thursday – 11 am to 12 Midnight and Friday and Saturday – 11 am to 1 am Mackintosh’s Bar, 2/4 Swindon Street
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Monday to Thursday – 11 am to 12 Midnight Friday and Saturday – 11 am to 1 am the following day Sunday – 12.30 pm to 12 Midnight Sixty Ate Bar and Grill, 68 Dumbarton Road Sunday to Thursday – 11 am to 12 Midnight and Friday and Saturday – 11 am to 1 am Club Mango T/A Tempo, 68 Dumbarton Road Monday to Wednesday - 11 am to 1 am Thursday to Saturday - 12 am to 3 am Sunday – 12.30 am to 3 am Mountblow Bar T/A Bernie’s, 832 Dumbarton Road Monday to Thursday – 11 am to 12 midnight Friday and Saturday – 11 am to 1 am the following day Sunday – 12.30 pm to 12 midnight 4.5 It should be noted that given the hours requested by the applicant i.e. Monday to Thursday 11 pm - 1 am Friday to Sunday 11 pm – 2.30 am Only Club Mango T/A Tempo remains open up to and beyond the 30 minute closing period of the nearest licensed premises with their hours being Monday to Wednesday - 11 am to 1 am Thursday to Saturday - 12 am to 3 am Sunday – 12.30 am to 3 am 4.6 On 17 September 2024 it was noted that an Environmental Health Officer had visited the premises however as the premises were undergoing a refit at the time, no inspection could be carried out. The applicant had been asked to contact Environmental Health to arrange for an inspection once the premises were ready however Licensing were notified on 8 October 2024 that the applicant had not made contact with Environmental Health to arrange an inspection. 4.7 Following an inspection carried out by Environmental Health on 6 February 2025 an objection was received. A further inspection was carried out 25 March 2025 which provided an update on the Environmental Health objection as some matters had been resolved. 4.8 When considering the objection submitted by Environmental Health, in terms of the relevant legislation, an objection with respect to an application should be
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submitted within 28 days of receipt of the application. As the application from Rolling Smoke Clyde Ltd. was received on 17 September 2024, any objection should have been submitted by 15 October 2024. There is, however, provision in the legislation for the Licensing Authority to entertain a late objection which has been received before a final decision has been made. The Licensing Authority must be satisfied that there is sufficient reason why the objection had not been submitted in the time required having heard from the applicant and the Environmental Health representative. 4.9 The Environmental Health service advise that the objection is late as:- "The objection has been submitted after the statutory 28-day period from the date the application was lodged because there were ongoing issues with refuse at the premises from 08 October 2024 to 03 February 2025. Complaints were received on 31 January and 03 February 2025 indicating that there is an issue with the newly fitted ventilation system at the premises." 4.10 In view of the submission received from Environmental Health, the applicant and a representative of the Environmental Health Service have been invited to attend the meeting of the Committee to be held on 4 June 2025 where they can update Members on the ongoing issue. 5. People Implications 5.1 There are no personnel issues. 6. Financial Implications 6.1 There are no financial implications 7. Risk Analysis 7.1 There is no increased risk to the Council associated with the contents of this report. 8. Equalities Impact Assessment (EIA) 8.1 No impact assessment is required because this report does not involve any change to policies or services or financial decisions. 9. Consultation 9.1 Police Scotland were consulted in relation to the application. 10. Strategic Assessment 10.1 In terms of the Council's Strategic Priorities, the purpose of licensing is to ensure our Communities are Resilient and Thriving.
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Chief Officer – Regula tory & Regen eration Date 16 May 2025 Perso n to Conta ct: Robert Mackie, Senior Officer (Licensing Section), Licensing Team, Municipal Buildings, College Street, Dumbarton, G82 1NR. Tel. No. (Direct line) 01389 738741 robert.mackie@west-dunbarton.gov.uk Appen dices: N/A Background Papers: 1. Application for grant of a Late Hours Catering Licence submitted by Rolling Smoke Clyde Ltd. 2. Letter to Mr. Waleed Totakhyl dated 19 May 2025. Wards Affect ed: Clydebank Waterfront.