Local democracy

Agenda, decisions and minutes

Contact: Jill Bell/Jane Lythgow/Tracey Sugden 

Items
No. Item

4.

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.

 

5.

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. 

 

6.

APPLICATION FOR VARIATION OF A PREMISES LICENCE FOR HARVEY'S, SMIDDLES LANE, BRADFORD, BD5 9NS pdf icon PDF 144 KB

The Interim Assistant Director, Waste, Fleet and Transport Services will present a report (Document “B”) which presents an application for the variation of a premises licence to extend the permitted hours for the sale of alcohol for consumption off the premises.

 

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 presented a report (Document “B”) which presented an application for the variation of a premises licence to extend the permitted hours for the sale of alcohol for consumption off the premises at Harvey’s, Smiddles Lane, Bradford BD5 9NS.

 

The applicant’s representative addressed the meeting and explained that local people had asked for the business hours to be extended.  In response to the representation from Environmental Heath he reported that traffic in the area was busy and noisy for 24 hours per day, he could evidence on CCTV equipment that cars were in the vicinity 24 hours per day and three shops in the area already traded for 24 hours per day.

 

Members raised a number of questions to which the applicant provided the following responses –

 

·         A proof of age policy was in place at the business.

·         All staff were aware of training policies.

·         The premises had traded without complaint for a number of years.

·         The house next door to the business was owned by the applicant but no one resided there. 

·         The nearest occupied residence was 25 to 30 yards away.

 

In response to questions from the Council’s Legal Adviser the location plan attached to the report was discussed and the applicant reported the residential properties in the vicinity of the premises which were occupied.

 

Following questions about the applicant’s previous experience he clarified that he had been at the premises for 19 months and had formerly been a welder. 

 

It was questioned how potential noise nuisance would be prevented and the applicant reported that he had CCTV equipment so he was aware how the business was operated if he was not on the premises.  There would be two members of staff working late at night and if complaints were received he would close the premises.  The applicant stated that he had asked neighbours if they had objections to the variation of the licence and nobody had complained.

 

The availability of parking was queried and the applicant explained that most customers walked to the premises, however, customers were able to park outside the shop. 

 

The hours of business were questioned and the operating arrangements were discussed.  The applicant explained that premises were busy with children throughout the day and adults at night.  A member of staff worked in the morning and the applicant took over at 2.00pm.

 

A representative from the Department of Environmental Health made an opening statement and reported concerns that there were residential properties surrounding the premises and parking was not allowed on the busy A6177 road on which the shop was situated. 

 

She reported that there was no precedent in the area for the hours requested; the local supermarket closed at 10.00pm and the other premises did not operate for 24 hours.  Previous complaints of noise nuisance in the area had been received.

 

Members quested the degree of certainty she had that residents would be disturbed and she explained that because of previous experience  ...  view the full minutes text for item 6.