(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 must consider their interests, and act according to the following:

(2)       Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

(3)       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. 

(4)       Officers must disclose interests in accordance with Council Standing Order 44.

No disclosures of interest in matters under consideration were received.

(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)

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

The Assistant Director Waste, Fleet and Transport Services will present a report (Document “K”) which outlines an application for variation of a premises licence to extend permitted hours for the sale of alcohol for consumption off the premises in respect of Top Market European Food Store, 534-538 Little Horton Lane, Bradford, BD5 0PA.

Recommended –

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

(Melanie McGurk – 01274 431873)

HEARING:

Application for Variation of a Premises Licence for Top Market European Food Store, 534-538 Little Horton Lane, Bradford, BD5 0PA

Commenced: 1000

Adjourned: 1115

Reconvened 1125

Concluded: 1135

ALSO PRESENT

Applicant

Tingo Omar

Governance Officer

Asad Shah (Committee Secretariat)

Legal Representative

Nighat Rasool

Saika Razaq

Licensing Officer

Melanie McGurk

MINUTES

The Assistant Director Waste, Fleet and Transport Services presented a report (Document “K”) which outlined an application for variation of a premises licence to extend permitted hours for the sale of alcohol for consumption off the premises in respect of Top Market European Food Store, 534-538 Little Horton Lane, Bradford, BD5 0PA.

The Licensing Officer was in attendance and with the permission of the Chair informed the Panel that a representation had been received from a Ward Councillor, along with a petition from individuals, who raised concerns of anti-social behaviour (ASB) around the shop including fighting, shouting and causing disturbance to local residents. Concerns were also raised regarding litter problems and broken glass in the area.

Succeeding a synopsis of the report, the Chair invited the Applicant to make representations to the Panel. The Applicant touched on his written statement and in particular made references to the following salient points. He raised concerns to the petition presented by the Licensing Officer as a number of signatory entries there in had been written and signed by the same handwriting. He further highlighted that he had personally spoken with two community members named on the petition and he was advised that they had not signed the petition.

An supporting associate of the Applicant was also in attendance and advised the Panel that his name and signature had been forged on the petition without his permission.

The Applicant therefore stated that the legal acceptability of the petition was questionable.

On the matter of littering, there were several shops within close proximity to one another on Little Horton Lane and therefore it was unfair to suggest that his store was the result of littering the streets of the residential neighbourhood.

Furthermore, the pavement adjoining the premises was routinely cleaned on a daily basis by himself and staff members. Moreover, he had maintained a healthy relationship with two Wardens who were representatives of the Council’s Environmental Service and they had advised him there was no littering around the store to the extent of a cause for concern. Hence the argument on the matter of littering was clearly a concern that was unsubstantiated.

A question and answer session ensued to which the Applicant explained:

·         He had been advised that non-completion of section M of the application to vary a premises licence under the Licensing Act 2003 form was not necessary due to the current licence, attached with conditions, being permitted in 2005;

·         In response to the premises CCTV system, the initial cost of the CCTV system was in the region of £3,000. The system included the installation of 32 cameras which were continuously recording 24 hours a day footage. The footage was retained  ...  view the full minutes text for item 3.