The Assistant Director Waste, Fleet and Transport Services will present a report (Document “K”) which outlines an application for a new premises licence for the sale of alcohol, provision of regulated entertainment and provision of late night refreshment.

Members are invited to consider the information and documents referred to in this report and, after hearing interested parties, determine the related application.

(Melanie McGurk – 01274 431873)

Decision –

That having considered all valid representations made by the parties to the hearing; valid written representations received during the statutory period, the published statement of licensing policy and relevant statutory guidance; the panel grants the application subject to the following conditions:

1.         Hours of licensable activities:

            Sunday to Wednesday     1100 to 2330

Thursday to Saturday       1100 to 0200

New Year’s Eve – from end of permitted hours to start of permitted hours on New Year’s Day.

Christmas Eve, Boxing Day, any day prior to a Bank Holiday, every Sunday prior to a Bank Holiday Monday:        1100 to 0200

2.         All outward opening exit doors and all windows are to be kept closed when regulated entertainment is taking place, other than for normal access and egress.

3.         Noise from amplified and non-amplified music, singing and speech arising from regulated entertainment at the premises shall not be at a level to cause disturbance at the nearest noise sensitive premises.

4.         The Premises Licence Holder shall ensure that staff monitor, on a regular basis, noise emanating from the premises, from regulated entertainment, to ensure that neighbouring residents are not disturbed.

5.         The disposal of waste bottles into externally located receptacles shall not take place between the hours of 2300 and 0700 hours on any day.

6.         On Friday and Saturday a dispersal policy will be implemented to ensure the safe dispersal of customers at the end of the evening.

7.         Staff shall be trained on the requirements of the Licensing Act 2003 when recruited and a staff training register to be implemented and made available for inspection on request.

8.         No licensable activities shall take place at the premises unless or until a CCTV system (with satisfactory internal and external coverage) of a standard acceptable to and to the written satisfaction of West Yorkshire Police and the Licensing Authority has been installed at the premises.  The approved CCTV shall be maintained in good working order and used at all times the premises remain open to the public for licensable activities. Any CCTV footage shall be kept for at least 28 days and be available to the Licensing Authority or a Responsible Authority on request.

9.         Drug warning poster and fake ID warning poster to be displayed in a prominent position at all entrance points.

10.       Any Security Industry Authority (SIA) contractor employed by the premises to be subject to prior approval by the Police.

Reason - It is considered that the above conditions are necessary in order to prevent crime and disorder at the premises; to deter and ameliorate any anti-social behaviour; and minimise noise disturbance to nearby residents.

(Melanie McGurk – 01274 431873)

RECORD OF A HEARING FOR A NEW PREMISES LICENCE FOR DELILAH’S, 11B CHAPEL LANE, BINGLEY (DOCUMENT “K”)

Commenced: 1015

Adjourned: 1130

Reconvened: 1215

Concluded: 1220

Members of the Panel:

Bradford District Licensing Panel: Councillors Slater (Chair), S Khan and BM Smith

Parties to the Hearing:

Representing the Licensee:

Ms Clover, Barrister representing the applicant

Mrs Sherratt, applicant’s agent

Mr Brear, applicant

Responsible Authorities:

Mr Farmer, Environmental Health Unit, Bradford Council

PC Lord, Licensing Officer, West Yorkshire Police

PC Hardy, Licensing Officer, West Yorkshire Police

Interested Parties:

Councillor Heseltine

Bingley Town Councillor Wheatley

Mr Alderson

Observers:

Ms Bulmer

Mrs Kedward

Mrs Laycock

Mr Lund

Ms O’Melia

Ms Short

Representations:

The licensing officer in attendance summarised the background to the application and valid representations received as set out in the report.  Members were informed that the applicant had amended the hours of operation since the publication of the report.  The Council’s Environmental Health Unit had requested that conditions be placed on the application in relation to noise disturbance and these had been agreed with the applicant.  West Yorkshire Police had also requested that additional conditions be attached to the licence and that the licensable hours be reduced to 0300 hours on Friday and Saturday, which had been agreed.  It was noted that 80 representations from local residents had originally been received, however, only 17 remained, as objectors had not wanted their details passing onto the applicant.  The representations from a Ward Councillor and Bingley Town Council outlined concerns in relation to the detrimental impact on residents.  The licensing officer then noted that additional information had been submitted by the applicant.  

The applicant’s representative addressed the Panel acknowledging the sensitive situation and tragic incident that had occurred last year, however, Members were informed that it was a legal procedure and would need to be based upon the four licensing objectives.  A Summary Review against Bijou Cocktail Bar had resulted in the suspension of the licence, which had been revoked at a Panel hearing and was now under appeal to be heard in March 2019.  The previous Licensee, Mr Procter, had then formed SH Bars Ltd with others and no attempts had been made to disguise his involvement in the application for consideration, however, the intention had always been that the proposed Designated Premises Supervisor (DPS) would manage the premises.  Members noted that the previous Licensee would not be involved in the operation of the premises. 

The applicant’s representative confirmed that the property had previously had a licence and there was no reason why it should not be licensed now.  The premises had undergone a significant renovation and was ready for a new beginning.  It was reiterated that only the four licensing objectives were relevant to the application.  The applicant had consulted with all the responsible authorities and representations had been submitted by West Yorkshire Police and the Council’s Environmental Health Unit.  The applicant had agreed to all the proposed conditions and the Police were present at the hearing to  ...  view the full minutes text for item 4