The Interim Assistant Director Waste, Fleet & Transport Services will present a report (Document “M”) which outlines an application for a new Premises Licence for the provision of late night refreshment to take place indoors and outdoors for Cha Cha Chai, Unit 6, Food Court, Ingleby Road, Bradford BD8 9AN.

Members are invited to consider the information and documents referred to in this report and, after hearing individuals, bodies or businesses, determine the related application.

(Melanie McGurk – 01274 431873)

Resolved –

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, having listened carefully to the applicant, refuses the application on the grounds that, in the light of the evidence presented by the Environmental Health officer; Bradford West Area Co-ordinator and Traffic and Enforcement Officer, it considers that the three following licensing Objectives cannot be met:

·         Prevention of crime and disorder

·         Prevention of public nuisance

·         Public safety

(Melanie McGurk – 01274 431873)

The Interim Assistant Director Waste, Fleet & Transport Services presented a report (Document “M”) which outlined an application for a new Premises Licence for the provision of late night refreshment to take place indoors and outdoors for Cha Cha Chai, Unit 6, Food Court, Ingleby Road, Bradford BD8 9AN.

The applicant attended the meeting and explained that the business had operated on a 24 hour basis prior to COVID restrictions to sell chai and cold snacks. There had been no problems until another business had begun trading on the same site. He noted that there were currently five businesses on the site and that the road also served a Morrison’s supermarket and petrol station. He considered it unfair to state that the problems reported were the result of his business and asked that his application be dealt with solely on its own merits.

The Chair queried the applicant’s view on the assertion that his marshalling and security arrangements had been inconsistent. In response, the applicant stated that he used a marshal when extra business demanded such as the weekend or on holidays. He had instituted an informal one way system on the car park and his stewards took orders direct from vehicles.

A member queried whether all businesses using the shared car park were working together and was informed that the drive through arrangement had helped with congestion. The applicant also stated that the shisha business on the site had closed as far as he was aware.

A member queried whether any of the other businesses operated after 11.00pm and, if not, why this business wished to do so. He was advised that the other businesses did not operate late in the evening but that this business had a customer base from late night workers and considered that there was a market for their café.

In response to further questions, it was clarified that customers would not be permitted to eat inside the unit once COVID restrictions came to an end and that they would either leave the area or eat in their cars on the car park. Issues of littering would be no different to the nearby McDonalds or KFC.

The applicant also confirmed that his was a stand-alone business, not a franchise.

In response to a series of questions from the Panel’s legal advisor, the applicant clarified that his was the only business on the car park which would operate after 11.00pm but did not accept that it would create a noise nuisance as Ingleby Road was a busy road. He also confirmed that three attendants would marshal the one way system and would work throughout the hours of operation. He stated that it was not possible to drive from the adjacent Lidl carpark on to this carpark nor could people easily park on Ingleby Road and walk to the café as the road was so busy.

He considered that the nearest residential properties were on Washington Street and confirmed that he had previously operated after 11.00pm  ...  view the full minutes text for item 9