Agenda, decisions and minutes

Bradford District Licensing Panel
Wednesday, 6th March, 2019 10.00 am

Venue: Committee Room 4 - 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 at the commencement of the meeting but, during the course of the item in respect of the application for a late night refreshment licence for Tong Fried Chicken, Councillor Ahmed, who was in attendance as the applicant’s representative, disclosed an interest for the sake of clarity, that he also served on the Area Planning Panel (Bradford).    

 

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.

TONG FRIED CHICKEN, 2 RAILWAY STREET, BIERLEY, BRADFORD pdf icon PDF 141 KB

The Assistant Director Waste, Fleet and Transport Services will present a report (Document “T”) which outlines an application for a new premises licence for the 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)

Additional documents:

Decision:

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 grants the application subject to the following conditions:

·         That the licensee shall ensure that the external areas around the perimeter of the premises are kept clear of litter and refuse.

·         That no licensable activities shall take place at the premises 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 Responsible Authority on request.

 

Reason – it is considered that the conditions are necessary in order to ensure compliance with the objectives of the Licensing Act.

 

(Melanie McGurk – 01274 431873)

 

Minutes:

RECORD OF A HEARING FOR A NEW PREMISES LICENCE FOR THE PROVISION OF LATE NIGHT REFRESHMENT FOR TONG FRIED CHICKEN, 2 RAILWAY STREET, BIERLEY, BRADFORD

 

Commenced: 1005

Adjourned: 1026

Reconvened: 1040

Concluded: 1042

 

Present

 

Members of the Panel

Bradford District Licensing Panel: Councillor M Slater(Ch), Councillor Godwin and Councillor Stelling

 

Parties to the Hearing

 

Representing the Applicant:

Mr Ali – applicant

Councillor R Ahmed – representing the applicant

 

Representations

 

The Assistant Director Waste, Fleet and Transport Services presented a report (Document “T”) which outlined an application for a new premises licence for the provision of late night refreshment for Tong Fried Chicken. Members were also advised of a representation in objection to the application that had been received.

 

The applicant then made a brief presentation in support of his application, stating that he had been in business for six years and had never received a complaint during that time. He explained that neighbouring businesses were already able to trade until 0200 and had also not experienced any problems.

 

The applicant’s representative then made a detailed presentation in respect of the application, stating that he had made three separate site visits at different times of the day without noting any problems. He confirmed that the applicant had been trading for six years without any problems or any critical reports from West Yorkshire Police or the Licensing Team. He stated that the public house referred to in the objection had long since closed and that the local incident involving a shooting was not relevant to this application. He explained that these premises were situated on a main road alongside other businesses which were open until 0200 and considered that the objection was not a relevant consideration as it was based on concerns about what may happen in the future. He noted that, if there were problems as a result of this application being granted there was a process in place for addressing that issue and asked that the application be granted as requested.

 

Members questioned the applicant and his representative on the existence of CCTV at the premises and the issue of an extant planning condition which would limit the hours of operation to midnight.

 

In response, the applicant confirmed that CCTV was already in place and that he was aware of the planning condition, which predated him taking on the premises and had been necessary to protect residential amenity when the former public house was in operation.

 

A member asked the applicant to confirm his current hygiene rating and was informed that it was presently 3.5. He also confirmed, in answer to a question from the same member, that the reason for the application was customer demand.

 

The applicant’s representative also confirmed that his constituent was aware of the planning restriction but noted that the two processes were governed by different legislation and that he would have to make a new and separate application to change the planning condition.

 

The Senior Licensing Officer advised all parties  ...  view the full minutes text for item 3.