Venue: the Banqueting Hall - City Hall, Bradford. View directions
Contact: Jill Bell/Jane Lythgow/Tracey Sugden
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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.
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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.
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The Interim Assistant Director, Waste, Fleet and Transport Services will present a report (Document “G”) which presents an application for review of a Premises Licence authorising the sale of alcohol for consumption off the premises at Piotr I Pawel, 23 Duckworth Lane, Bradford.
Recommended –
Members are invited to consider the information and documents referred to in the report and, after hearing individuals, bodies or businesses, determine the related application.
(Melanie McGurk – 01274 431873)
Additional documents:
Minutes: The Interim Assistant Director, Waste, Fleet and Transport Services provided a report (Document “G”) which presented an application for review of a Premises Licence authorising the sale of alcohol for consumption off the premises at Piotr I Pawel, 23 Duckworth Lane, Bradford.
It was explained that the review had been requested by the West Yorkshire Trading Standards Service (WYTS) and their Business Services Team Manager addressed the meeting to discuss the grounds for the review. Appended to the report were copies of the Premises Licence; the application for review received on 22 June 2021; an extract from Government Guidance for dealing with such matters and a location plan of the premises.
The Business Services Team Manager detailed an incident of selling single cigarettes to a child test purchaser which had been witnessed by officers and three occasions when illegal tobacco products had been made available to the public.
Details of one prosecution of the Premises Licence Holder and ongoing criminal investigations in relation to the seizures of illicit tobacco were reported.
Unsuccessful attempts to interview the premises licence holder were discussed together with a brief statement provided by a shop assistant witnessed working at the premises. It was maintained that selling single cigarettes to a child was a breach of the licensing objectives of protection of children from harm and that the provision of illegal tobacco to the public breached the prevention of crime and disorder and public safety objective of the Licensing Act 2003.
Following a detailed presentation, the Panel and the Council’s Legal Advisor raised a number of questions to which the following responses were provided:
· There was no evidence of illegal sales of alcohol at the premises. · Illegal sales of tobacco were regarded as contraband goods. · There were a number of residential properties and foot traffic at the location from the nearby hospital. · Taking account of Government guidance WYTS considered that the serious nature of the offences were grounds for a full revocation of the licence. · It was acknowledged that the revocation of the premises licence would not prevent future sales of tobacco products but it was hoped that the revocation would deter the premises licence holder from future breaches of the licensing objectives. · There had been previous complaints regarding the sale of alcohol at the premises before the premises licence holder was transferred to the current holder. · It was usual practice to inform the licence holder of complaints before carrying out test purchases.
In summation the WYTS Business Team Manager stressed that the service did not call for reviews lightly. It was explained that whilst the selling of tobacco was not a licensable activity it was felt that the incidence of selling cigarettes to a child; smuggled tobacco being found on the premises on three occasions and a blatant disregard for the law required a full revocation of the licence.
Resolved –
That having considered all valid representations made by the parties to the hearing; valid written representations received during the statutory period, ... view the full minutes text for item 6. |
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