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

Members are invited to consider the information and documents referred to in this report and, after hearing interested parties, determine the related application.

(Tracy McLuckie – 01274 432240

RECORD OF A HEARING FOR VARIATION OF A PREMISES LICENCE FOR LING BOB, LANE SIDE, WILSDEN, BINGLEY

Commenced: 1137

Adjourned: 1225

Reconvened: 1240

Concluded: 1245

Present

Members of the Panel

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

Parties to the Hearing

Representing the Applicant

Mr and Mrs Dimou – applicants

Representations

The Interim Assistant Director Waste, Fleet and Transport Services presented a report (Document “H”) which outlined an application for  variation of a Premises Licence authorising the sale of alcohol; the provision of regulated entertainment and the provision of late night refreshment. The Panel was also advised that the objector had been unable to attend the meeting today but had made her objection on the basis of her concern about the impact of late drinking outside the premises.

The applicant and his wife attended the meeting and the applicant made a detailed presentation in respect of his application, explaining his efforts to convert it to a gastro pub and the purpose of his application, which was to allow patrons who were eating outdoors to be able to purchase alcoholic drinks from their table.

He also explained in some detail the problems that he was experiencing with the objector to the application which had been occasioned by a disagreement over parking and had escalated since then. He stressed that no other near neighbour had ever complained about the premises and that he took pains to work closely with the nearby care home and that he was running the Ling Bob as a dementia friendly pub.

He also confirmed that there was no access for patrons to the rear of the pub so that part of the objection had no basis in fact.

It was explained to the applicant that the effect of the voluntary condition set out in his application was that the external areas to the pub would have to be completely cleared by 2200. He queried this as he had understood that he would be able to allow patrons to drink out of doors but that drinks could not be purchased outdoors after 2200, however it was clarified that the condition was more stringent than he had envisaged. As a consequence, the applicant stated that he had misunderstood the effect of his application and explained that he wished patrons to be able to remain outside after 2200 and that he would be happy to specify an area of the exterior to the premises which could be designated for patrons to remain in after 2200.

The Panel’s legal advisor explained to the applicant that he could either amend his application to that effect or withdraw it and reapply. He also clarified that the applicant was the owner of the land leading up to the next door premises, that problems had begun in July 2018 and that parking bollards had been erected in November 2018. He reminded the applicant that this Panel had no jurisdiction to investigate any problems that the applicant was having with his neighbour, its only function was to decide on the application for variation of the premises licence.

The applicant stated that he was happy to clear the area to the front of the pub at 2200 if that would assist the process and stressed that he simply wanted to be able to offer the same high quality service to patrons seated outside the pub as he did to those inside it.

Resolved –

That having considered all valid written representations made by the parties to the hearing; valid written representations received during the statutory period; the published statement of licensing policy and relevant statutory guidance; the Panel grants the application subject to the following condition:-

·         That the external area between the porch on Haworth Road and the boundary on Main Street as shown on the plan attached to the licence be cleared of all customers from 2200.

Reason – it is considered necessary that the above condition be applied in order to meet the licensing objective in respect of public nuisance.

ACTION: Interim Assistant Director Waste, Fleet and Transport Services