Local democracy

Agenda, decisions and minutes

Venue: Committee Room 3 - City Hall, Bradford. View directions

Contact: Claire Tomenson 

Items
No. Item

1.

DISCLOSURES OF INTEREST

(Members Code of Conduct - Part 4A of the Constitution)

 

To receive disclosures of interests from members and co-opted members on matters to be considered at the meeting. The disclosure must include the nature of the interest.

 

An interest must also be disclosed in the meeting when it becomes apparent to the member during the meeting.

 

Notes:

 

(1)       Members may remain in the meeting and take part fully in discussion and voting unless the interest is a disclosable pecuniary interest or an interest which the Member feels would call into question their compliance with the wider principles set out in the Code of Conduct.  Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

 

(2)       Members in arrears of Council Tax by more than two months must not vote in decisions on, or which might affect, budget calculations, and must disclose at the meeting that this restriction applies to them.  A failure to comply with these requirements is a criminal offence under section 106 of the Local Government Finance Act 1992. 

 

(3)       Members are also welcome to disclose interests which are not disclosable pecuniary interests but which they consider should be made in the interest of clarity.

 

(4)       Officers must disclose interests in accordance with Council Standing Order 44.

 

Minutes:

No disclosures of interest in matters under consideration were received.

 

2.

INSPECTION OF REPORTS AND BACKGROUND PAPERS

(Access to Information Procedure Rules – Part 3B of the Constitution)

 

Reports and background papers for agenda items may be inspected by contacting the person shown after each agenda item.  Certain reports and background papers may be restricted. 

 

Any request to remove the restriction on a report or background paper should be made to the relevant Strategic Director or Assistant Director whose name is shown on the front page of the report. 

 

If that request is refused, there is a right of appeal to this meeting. 

 

Please contact the officer shown below in advance of the meeting if you wish to appeal. 

 

(Claire Tomenson - 01274 432457)

 

Minutes:

There were no appeals submitted by the public to review decisions to restrict documents. 

 

3.

K & H NEWS, 122C MORLEY STREET, BRADFORD pdf icon PDF 543 KB

The Strategic Director, Environment and Sport will present a report (Document “E”) that outlines an application for a new premises licence for the sale of alcohol for consumption off the premises.

 

Members are invited to consider the information and documents referred to in “Document “E” and, after hearing individuals, bodies or businesses, determine the related application.

 

(Melanie McGurk – 01274 431873)

 

Minutes:

The licensing officer in attendance summarised the background to the application and valid representations received as set out in Document “E”.

 

It was reported that, in order to address all four of the licensing objectives,  the Police had requested conditions be placed on the licence.  The conditions were set out in Document “E” and it was confirmed that the applicant had agreed to the conditions being placed on the licence.

 

In addition to the representations made by the police it was reported that two representations and a petition had been received from Ward Councillors and individuals. The representations raised concerns of an increase in anti-social behaviour in the area should the application be granted.  The representations were appended to Document “E”.

 

A Local Ward Member, representing local residents, reported their concerns that granting of the premises could exacerbate anti social behaviour in the area.

 

The applicant’s representative addressed the meeting to explain the rationale for the application; the applicant’s experience in the license trade and the experience of his colleague working alongside him on the premises.

 

It was stressed that time  had been taken prior to the application being submitted to ensure that the business was fit for operation.  Measures to ensure compliance with ‘Challenge 25”; staff training; the availability of a personal licence holder at all times, refresher training and internal procedures to ensure compliance with all conditions were reported.  It was confirmed that the applicant would operate a ‘refusals register’ at the premises and a meeting had been held with officers from West Yorkshire Trading Standards (WYTS)  and West Yorkshire Police to understand the expectations on the applicant.  Members were assured that conditions on the licence had been volunteered and that an additional condition would be acceptable to ensure that all stock would be purchased from bona fide wholesalers.

 

It was maintained that the business would be an asset to the local community and there was no evidence to suggest that the business would not operate lawfully and constructively in the area.

 

Following the detailed presentation a number of questions were raised to which the following responses were provided:-

 

·        The licence had not been sought when the applicant had taken over the business in May 2016 to allow time for consultation with the responsible authorities.

·        The applicant’s colleague would apply for a personal licence to support the applicant should the licence be granted.

·        The applicant would be willing to combine the ‘refusals register’ with an “incident log” at  the premises.

·        It was acknowledged that should the application be granted the premises would be busier and additional staff would be required.

·        Previous incidents at the premises were not the responsibility of the applicant.  The application had been formulated to ensure correct procedures were in place.

·        There were many areas blighted by anti-social behaviour, however, steps had been taken to ensure correct policies and procedures were in place to deal with any issues arising.

 

The Licensing Officer was questioned about the level of monitoring of the premises and she explained  ...  view the full minutes text for item 3.

4.

MY EURO BASKET, 125 HORTON GRANGE ROAD, BRADFORD pdf icon PDF 889 KB

The Strategic Director, Environment and Sport will present a report (Document “D”) that outlines an application for a new premises licence for the sale of alcohol for consumption off the premises.

 

Members are invited to consider the information and documents referred to in “Document “D” and, after hearing individuals, bodies or businesses, determine the related application.

 

(Melanie McGurk – 01274 431873)

 

Minutes:

The licensing officer in attendance summarised the background to the application and valid representations received as set out in Document “D”.  It was reported that, in order to address the prevention of crime and disorder objective, the Police had requested conditions be placed on the licence.   It was noted that the applicant had agreed to the conditions, which were presented in detail in Document “D”.

 

It was explained that two representations and a petition had been received from Ward Councillors and individuals.  The representations raised concerns of an increase in anti-social behaviour in the area should the application be granted.   The representations were appended to Document “D”.

 

 

The Licensing Officer advised Members that since the publication of the agenda an email had been received in support of the application from the landlord of the property. The communication claimed that some of the signatures on a petition presented opposing the application had been falsely received and that some residents who had initially been against the application were no longer in opposition.

 

The applicant addressed the meeting and explained that the premises were run as a small family business which was losing trade because of the inability to sell alcohol.  It was claimed that customers wished to purchase all of their shopping in one place and were walking past the premises to access other premises were they were able to purchase alcohol along with their general shopping.  It was explained that some neighbours had been fearful of the application but once they had got to know the family had expressed their support.

 

Members questioned the proximity of local schools to the premises and were advised of the location of Princeville, Farnham and Horton Grange schools.  The hours of operation and staffing arrangements were discussed and it was explained that should trade increase additional staff would be employed.  Assurances that staff would be trained in selling alcohol were provided.

 

The process required  to access training in the licensed trade was questioned.  Members were advised, by the Licensing Officer, that it was for individual businesses to approach the relevant training providers.  It was confirmed that the applicant was a Personal Licence holder and had indicated that her husband, who would be working on the premises, would apply for that accreditation.  In response to discussions about the monitor of sale refusals and incidents the applicant confirmed they would be happy to have a condition placed on the licence to that effect. 

 

A local Ward Member in attendance reiterated representations contained in Document “D” and expressed the view that residents were concerned that an additional licensed premises in the area would exacerbate anti-social behaviour in that locality and that there were sufficient retail outlets to purchase alcohol in the vicinity.  It was maintained that the application, if granted, would cause harm to the residential amenity and community cohesion in the locality.

 

In response the applicant queried the signatories contained on the petition.  She reported that some residents had apologised for supporting the petition before they had  ...  view the full minutes text for item 4.

5.

BABA JAGA, 15 LAISTERIDGE LANE, BRADFORD pdf icon PDF 2 MB

The Strategic Director, Environment and Sport will present a report (Document “F”) that outlines an application for a new premises licence for the sale of alcohol for consumption off the premises.

 

Members are invited to consider the information and documents referred to in “Document “F” and, after hearing individuals, bodies or businesses, determine the related application.

 

(Melanie McGurk – 01274 431873)

 

Minutes:

The licensing officer in attendance summarised the background to the application and valid representations received as set out in Document “F”.  It was reported that, in order to address the prevention of crime and disorder objective, the Police had requested conditions be placed on the licence.   It was noted that the applicant had agreed to the conditions, which were presented in detail in Document “F”.

 

The applicant’s representative addressed the meeting and referred the Panel to the application and steps proposed by the applicant to address the licensing objectives contained at 2.5 of Document “F”.  He maintained that, under the Licensing Act 2003, the applicant could only be expected to take action on matters under his control and stressed that he had liaised with police and had agreed to conditions being imposed on the licence.  It was maintained that there was no evidence to suggest that the applicant would not satisfy all four of the licensing objectives and that the representations were not substantiated and had been based on fear. 

 

The previous business experience of the applicant company was reported and it was stressed that they had the experience to implement measures to meet all the licensing objectives.   

 

Members and local residents raised a number of questions following the applicant’s statement  to which the following responses were provided:-

 

·        There would be no cap on the amount of alcohol sold to individuals, however, patrons who appeared under the influence or were problematic would not be served.  There was no statutory framework to limit the amount of alcohol sold.  The Licensing Officer confirmed that conditions on that issue could not be imposed.

·        The applicants had considerable experience of operating in similar areas to the location of the premises and in close proximity to schools and nurseries.

·        The company was fully entitled to engage in business and should not be discriminated against because there were other retail outlets.

·        The applicant company were aware of community needs; had considerable experience of the Licensing Act 2003 and of the steps required to protect customers.

 

A representative of the local community through the Grantham Road Residents Association attended the meeting to express the views and concerns about the application of the people living in the area.  She maintained that the provision of CCTV inside of the premises would not prevent anti-social behaviour and litter occurring in the community.  It was acknowledged that the premises would operate a Challenge 25 scheme to prevent underage sales but it was felt that this would not prevent intoxicated adults and drug users being in close proximity to children in the area which was a problem currently occurring. 

 

Details of a litter pick day organised in the area and the retrieval of hundreds of needles and beer cans were provided. 

 

It was maintained that the police had been called many times to the area but were unable to respond due to lack of resources.  An incident had already occurred with people fighting outside of the applicant premises despite the application being  ...  view the full minutes text for item 5.