Local democracy

Agenda, decisions and minutes

Venue: Committee Room 1 - 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.

APPLICATION FOR A REVIEW OF A PREMISES LICENCE FOR MARS A DAY, 274 LUMB LANE, BRADFORD, pdf icon PDF 134 KB

The Assistant Director Waste, Fleet and Transport Services will present a report (Document “L”) which outlines an application that has been made for a review of the premises licence authorising the sale of alcohol in respect of Mars A Day, 274 Lumb Lane, Bradford.

 

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   

Additional documents:

Minutes:

The Assistant Director, Waste, Fleet and Transport Services presented a report, Document “L” which outlined an application for a review of a premises licence for the sale of alcohol which had been received from West Yorkshire Trading Standards Service (WYTSS).

 

It was explained that following inspections made by WYTSS concerns had been raised that the premise was not operating legally.  It was requested that the licence be revoked.

 

Document “L” also reported that a representation had been received from West Yorkshire Police regarding a number of incidents at the premises.  A copy of the representation was appended to the report.

 

Representatives of WYTSS addressed the Panel and explained that, acting on intelligence received, they had attended the store on three separate occasions.   On the first occasion a 14 year old test purchaser, who did not look older than his age, had purchased fireworks.  The same test purchaser had been refused sales at all other stores which WYTSS had visited.

 It was felt that the person who had served the test purchaser was unaware that the goods were age restricted.  The Designated Premises Supervisor (DPS) was not contactable at that time.  WYTSS were told that the owner of the premises had run out of stock at the last minute and had left to go to the wholesalers.  The person serving indicated he had learning difficulties and lived in sheltered housing.  Officers from WYTSS stated that they were so concerned by the lack of awareness of the person serving that they wanted to stay and supervise.  

On two other subsequent visits the DPS was not available and illegal cigarettes/tobacco was found in the shop. It was explained that illegal meant that the goods were genuine cigarettes but that no duty had been paid. Samples of the illicit goods, and examples of illegal packaging were shown to the Panel.

It was explained that the cigarettes found at the store did not contain health warning on the packets and did not conform to legal standards.  The detriment illicit tobacco had on law abiding retailers was the loss of trade.  The illegal cigarettes sold for approximately £3 per packet which was one third of the legal price.  The cigarettes were made for the Russian market and smuggled into the country. 

Fireworks (rockets) which had been sold at the premises were also tabled and it was witnessed that the safety seals had been removed.  Members were advised that they would have been contained in a pack of five but had been sold individually.  It was stressed that the detriment of these being sold to minors was that they could cause serious injury or death if not handled with care.  The serious nature of the offence was stressed.

 

Following the representations of WYTSS Members questioned the nicotine levels in the illicit cigarettes and they were advised that the levels were roughly the same as lawful cigarettes.  The cost differential between the cigarettes was discussed and it was explained that the illegal cigarettes were bought  ...  view the full minutes text for item 3.