Agenda, decisions and minutes

Bradford District Licensing Panel
Wednesday, 10th April, 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.

 

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.

MRH EAST BOWLING, WAKEFIELD ROAD, BRADFORD pdf icon PDF 135 KB

The Assistant Director Waste, Fleet and Transport Services will present Document “V” which outlines an application for a new premises licence for the sale of alcohol for consumption off the premises and 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 as applied for.

 

(Melanie McGurk – 01274 431873)

Minutes:

RECORD OF A HEARING FOR A PREMISES LICENCE FOR MRH EAST BOWLING, WAKEFIELD ROAD, BRADFORD

 

Commenced:1015

Adjourned:1050

Reconvened:1055

Concluded:1100

 

Present

 

Members of the Panel

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

 

Parties to the Hearing

 

Representing the Applicant:

Mr Leaning – Area Manager, Malthurst Retail Limited

Mr Botkai – Solicitor

 

Interested Parties

Mr Singh – objector

Mr Abdullah – objector

 

Observers

 

Mrs & Mrs McHugh – local residents

 

Representations

 

The Assistant Director Waste, Fleet and Transport Services presented Document “V” which outlined an application for a new premises licence for the sale of alcohol for consumption off the premises and the provision of late night refreshment at MRH East Bowling.

 

The solicitor for the company made representations in support of the application, giving the background to the company and explaining that it now owned 824 licensed petrol stations, of which over 500 were twenty-four hour premises. This particular store had been acquired recently from another company which had not sold alcohol in any of its stores. Malthurst was in the process of applying for licenses for all the premises which it had acquired from that company.

 

The solicitor referred to the relevant legislation which, he stated, presumed in favour of granting such applications and highlighted that no objections had been received from any of the responsible authorities. He then addressed the objections received from local residents and noted that objections made on the basis of competition for trade were not relevant; that there was no evidence of the alleged anti-social behaviour and that there was no proven link between sales of alcohol at petrol stations and drink driving. He pointed out that it was possible to drive to the neighbouring off-licence or to a supermarket and purchase alcohol. He noted also that attaching any weight to the petition appended to one of the letters of objection would be difficult as it was not possible to assess how the petition was garnered.

 

He advised that the store used a night pay till between the hours of 2300 and 0600; that a Challenge 25 system would be operated; that both a refusal log and an incident log would be kept; that CCTV was already in place and that the sale of alcohol would be restricted to exclude high strength beers/ciders or single cans of alcoholic drink.

 

A member asked the Panel’s legal advisor if, having approved the application, anti-social behaviour subsequently occurred, a review of the licence would be possible. He was informed that this was the case.

 

Another member queried the need to sell alcohol at these premises on a 24 hour basis. He was informed that it was merely part of the estate policy for this company. The applicant’s solicitor also advised that, if the fears of local residents did come to fruition, the company would always take steps to address problems. He therefore urged residents to contact the company in the first instance if there was a problem.

 

A local businessman attended  ...  view the full minutes text for item 3.