Agenda, decisions and minutes

Bradford District Licensing Panel
Thursday, 23rd January, 2020 11.30 am

Venue: Committee Room 1 - City Hall, Bradford. View directions

Contact: Jill Bell/Jane Lythgow/Tracey Sugden 

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.

MCDONALDS RESTAURANT, ROOLEY LANE, BRADFORD BD5 8JY pdf icon PDF 150 KB

The Interim Assistant Director Waste, Fleet and Transport Services will present a report (Document “L”) which outlines an application for variation of a Premises Licence authorising the provision of late night refreshment.

 

Members are invited to consider the information and documents referred to in Document “L” and, after hearing interested parties, determine the related application.

 

(Melanie McGurk – 01274 431873)

 

Additional documents:

Minutes:

RECORD OF A HEARING FOR THE VARIATION OF A PREMISES LICENCE FOR MCDONALD’S RESTAURANT, ROOLEY LANE, BRADFORD

Commenced: 1135

Adjourned: 1210

Reconvened: 1215

Concluded: 1217

Present

 

Members of the Panel

Bradford District Licensing Panel: Councillor M Slater (Chair), Councillor Godwin and Councillor Dodds

 

Parties to the Hearing

 

Representing the Applicant:

Mr Shah – applicant

Mr Mohammed – associate

Ms Clover – applicant’s barrister

 

Representations

The Assistant Director Waste, Fleet and Transport Services presented a report (Document “L”) which outlined an application for variation of a Premises Licence to authorise the provision of late night refreshment from 0500 rather than 0700 as was currently stated on the licence.

 

Members were advised that a representation had been received from a local resident on the grounds of noise and nuisance.

 

The applicant’s barrister made a detailed representation in support of the application, noting that this application was not for a licensable activity as such but that, as the opening hours were stated on the licence, it must be formally amended by making an application for variation of the licence. She considered it to be frustrating that a single objection triggered the need for a hearing and stressed that as it was permissible in law to serve hot food from 0500, the intention was to amend the licence to reflect that.

 

The premises had already been granted planning permission to open from 0500 and, as part of that application, the issue of nuisance had been addressed and a specialist report had been provided. That report had shown that the ambient noise at such a busy road junction would be very difficult to separate from noise at this location. The intention of this application was to ensure that the planning permission and the licence matched each other.

 

She highlighted that no responsible authorities had registered any concern in respect of the application; that the objector had never contacted the applicant direct to discuss his concerns and that no complaint had been made by any of the ward councillors. Rather, local councillors knew the applicant well and commended him for his community activities. He had three local McDonald’s restaurants, two of which were 24 hour premises, and had a great deal of experience of running such establishments and of the need to be a good neighbour.

 

The applicant also made a representation in respect of his application, stressing his history in Bradford and his desire to provide employment in the District. He also stressed his desire to be a good neighbour.

 

Members asked questions in respect of the requirement for the extension in trading hours and were advised that there was a trading opportunity for the restaurant at that hour as it was located at the top of the M606 motorway.

 

In response to questions about the potential for disturbance to the objector from additional opening hours, the Panel was reminded by the applicant’s solicitor of the requirement to balance the needs of customers against those of the objector. She also advised that  ...  view the full minutes text for item 3.