Local democracy

Agenda, decisions and minutes

Venue: the Banqueting Hall - 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. 

 

(Jane Lythgow - 01274 432270)

 

Minutes:

There were no appeals submitted by the public to review decisions to restrict documents. 

 

3.

APPLICATION FOR A PREMISES LICENCE FOR TORQUE RETAIL SERVICES, ANCHOR WORKS, HOLME LANE, BRADFORD BD4 6NA pdf icon PDF 190 KB

The Interim Assistant Director Waste, Fleet and Transport Services will present a report (Document “D”) which outlines an application for the grant of a new Premises Licence for the sale of alcohol for consumption off the premises.

 

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

 

(Melanie McGurk – 01274 431873)

 

Additional documents:

Minutes:

RECORD OF A HEARING FOR A PREMISES LICENCE FOR THE SALE OF ALCOHOL FOR CONSUMPTION OFF THE PREMISES AT TORQUE RETAIL SERVICES, ANCHOR WORKS, HOLME LANE, BRADFORD BD4 6NA.

 

Commenced: 1620

Adjourned:     1730

Reconvened:  1750

Concluded:     1755

Members of the Panel:

 

Bradford District Licensing Panel:

 

Councillors Slater (Chair), Cunningham and Davies

 

Parties to the Hearing:

 

Representing the Applicant:

 

Mr Collinson, Applicant

Mr Brackup – legal representative

 

Interested Parties: - local residents

 

Mr Matthews & Ms Patton

Mr Dale

Mr & Mrs Smith

 

Observer – Mr Boothroyd

 

Representations

 

The Interim Assistant Director, Waste, Fleet and Transport Services presented a report (Document “D”). 

 

The licensing officer in attendance summarised the background to the application and valid representations received as set out in the report. Members were informed that the application requested the grant of a premises licence for the sale of alcohol for consumption off the premises.  Nine representations had been received from local residents which raised concerns of increased nose nuisance from additional deliveries and collections of alcohol if the licence was granted.  Concerns had also been raised regarding underage sales online, noise nuisance and anti-social behaviour caused by customers collecting alcohol from the premises, drinking in the street and litter problems.  Details of the representations were appended to the report.

 

The applicant’s legal representative addressed the meeting and raised a preliminary matter which he wished the panel to consider.  He questioned the necessity for the application made by his clients.  He believed that as the applicant company did not sell alcohol from its premises but received deliveries of alcohol for distribution around the country the activities were not required to be licensable. He referred to a witness statement made by the applicant and it was confirmed that, with the exception of one interested party who had not provided email contact details, the statement had been served on all parties.  The Licensing Officer also explained that video footage had been submitted by the interested parties and she confirmed that it had been served on all concerned.

 

The Panel consulted the Council’s legal representative on the necessity for the premises to be licensed.  He advised that the matter was for the applicant’s legal adviser to decide if to proceed and referred to the witness statement which confirmed that the applicant had applied for a licence in other areas including in Wakefield.  Members were advised that the application had been made and should be considered unless the applicant wished it to be withdrawn.

 

The Licensing Officer explained that Section 190 of the Licensing Act 2003 provided that the sale of alcohol was to be treated as taking place where the alcohol wasappropriated to the contract. It was explained that it would be the premises at this location which needed to be licensed.  As an example it was reported that a call centre receiving orders for alcohol would not need a licence but the warehouse where the alcohol was stored and specifically selected for, and despatched to, the purchaser would need to be  ...  view the full minutes text for item 3.