The Interim Assistant Director Waste, Fleet & Transport Services will present a report (Document “M”) which outlines an application for a new Premises Licence for the provision of late night refreshment to take place indoors and outdoors for Cha Cha Chai, Unit 6, Food Court, Ingleby Road, Bradford BD8 9AN.

Members are invited to consider the information and documents referred to in this report and, after hearing individuals, bodies or businesses, determine the related application.

(Melanie McGurk – 01274 431873)

The Interim Assistant Director Waste, Fleet & Transport Services presented a report (Document “M”) which outlined an application for a new Premises Licence for the provision of late night refreshment to take place indoors and outdoors for Cha Cha Chai, Unit 6, Food Court, Ingleby Road, Bradford BD8 9AN.

The applicant attended the meeting and explained that the business had operated on a 24 hour basis prior to COVID restrictions to sell chai and cold snacks. There had been no problems until another business had begun trading on the same site. He noted that there were currently five businesses on the site and that the road also served a Morrison’s supermarket and petrol station. He considered it unfair to state that the problems reported were the result of his business and asked that his application be dealt with solely on its own merits.

The Chair queried the applicant’s view on the assertion that his marshalling and security arrangements had been inconsistent. In response, the applicant stated that he used a marshal when extra business demanded such as the weekend or on holidays. He had instituted an informal one way system on the car park and his stewards took orders direct from vehicles.

A member queried whether all businesses using the shared car park were working together and was informed that the drive through arrangement had helped with congestion. The applicant also stated that the shisha business on the site had closed as far as he was aware.

A member queried whether any of the other businesses operated after 11.00pm and, if not, why this business wished to do so. He was advised that the other businesses did not operate late in the evening but that this business had a customer base from late night workers and considered that there was a market for their café.

In response to further questions, it was clarified that customers would not be permitted to eat inside the unit once COVID restrictions came to an end and that they would either leave the area or eat in their cars on the car park. Issues of littering would be no different to the nearby McDonalds or KFC.

The applicant also confirmed that his was a stand-alone business, not a franchise.

In response to a series of questions from the Panel’s legal advisor, the applicant clarified that his was the only business on the car park which would operate after 11.00pm but did not accept that it would create a noise nuisance as Ingleby Road was a busy road. He also confirmed that three attendants would marshal the one way system and would work throughout the hours of operation. He stated that it was not possible to drive from the adjacent Lidl carpark on to this carpark nor could people easily park on Ingleby Road and walk to the café as the road was so busy.

He considered that the nearest residential properties were on Washington Street and confirmed that he had previously operated after 11.00pm without a late night refreshment licence but had now applied for one after the Council’s  Environmental Health Officer had brought the matter to his attention.

He also advised that there were 40% more parking spaces in this area than in the nearby McDonalds and confirmed that there would be a U-shaped drive through in operation on the car park.

The Environmental Health Officer attended the meeting and reported that there had been a recent meeting with the leaseholder and owner of the site to deal with the illegal shisha lounge, which was followed up by a legal notice sent to all businesses on this site.

She confirmed that the reason for her objection was that there had been seven complaints in respect of noise nuisance from this site, resulting in a community protection notice being served stating that the car park must close at 11.30pm. Since then the Police had advised that the car park was still not closing in time and had complained about anti-social behaviour and noise at this location.

In response to questions from the Panel’s legal advisor, it was clarified that the original complainants had been local residents and that a community protection notice had been served on all the businesses on the site including  this applicant, the leaseholder and the site owner. She clarified that the notice required the car park to be closed between 11.30 pm and 07.00am, which meant that this application would breach that notice. She also clarified that the Anti-social behaviour related mainly to the shisha lounge which was currently closed.

The Bradford West Area Co-ordinator also attended the meeting and added her objections to the application, stating that there were residential properties in close proximity to the site and that the recently created one way system had added to the problems at this premises as it made the area very narrow. She noted that the shisha lounge was being advertised on social media as temporarily closed only and stressed that Ingleby Road was busy and had double yellow lines but people still parked their cars there. At busy times it had been closed for public safety reasons. She reported a significant littering problem at this site and referred to it as a honey pot location with a multitude of issues still to be resolved.

She also stated that litter was readily identifiable as coming from this business and that it attracted patrons who then lingered on the site, causing the problems reported.

In conclusion, the Environmental Health Officer stated that she was not prepared to lift the community protection order at this location and that she considered, if granted, this application would simply exacerbate the present problems. The Area Co-ordinator also confirmed her opposition to this application, reminding the Panel of the considerable amount of work that had already gone into resolving issues at this location.

The applicant  concluded by stating that he had traded at this location since 2018 with no anti-social behaviour until recently; that the nearest residential properties were approximately half a mile away and that there had been incidents of anti-social behaviour in the nearby Morrison’s carpark. He stated that he currently closed promptly at 11.00pm and that he was unable to close the carpark at that time as he did not control the whole site. He considered that the shisha lounge had been the cause of the reported problems and that businesses which caused problems should be dealt with individually.

Resolved –

That having considered all valid 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, having listened carefully to the applicant, refuses the application on the grounds that, in the light of the evidence presented by the Environmental Health officer; Bradford West Area Co-ordinator and Traffic and Enforcement Officer, it considers that the three following licensing Objectives cannot be met:

·         Prevention of crime and disorder

·         Prevention of public nuisance

·         Public safety

ACTION: Interim Assistant Director Waste, Fleet & Transport Services