The Interim Assistant Director, Waste, Fleet and Transport Services will present a report (Document “P”) which presents an application for the grant of a Premises Licence for the sale of alcohol for consumption on and off the premises, the provision of regulated entertainment and the provision of late night refreshment at Massey’s, 87 Westgate, Bradford BD1 2RD.

Recommended –

Members are invited to consider the information and documents referred to in this report and determine what action should be taken.

(Melanie McGurk – 01274 431873)

The report of the Interim Assistant Director, Waste, Fleet and Transport Services (Document “P”) presented an application for the grant of a Premises Licence for the sale of alcohol for consumption on and off the premises, the provision of regulated entertainment and the provision of late night refreshment at Massey’s, 87 Westgate, Bradford BD1 2RD.

Two letters of representation have been received from local businesses which raise concerns of noise nuisance from music being played at the premises and nuisance from smells permeating nearby premises. The representations are attached at Appendix 2 to Document “P”.

The applicant and licensee attended the meeting.  The applicant explained that he was a chef and that he had intended to open a restaurant however he had changed his plan to operate an off-licence with food deliveries.  The off-licence would operate from the room upstairs with a pool room downstairs and be open until 4am.  He referred to the issue of noise raised by the objectors and confirmed that the premises were sound proofed and that it had been a former music venue.  He noted that the premises were not currently open to the public.  There were builders on site and he maintained that he was unable to control whether they were smoking when they were in the premises.

The following responses were given to member questions:

·         There were no dwellings in the premises.

·         There was no car park but there were places to park in the area.

·         They would only operate late night for particular events and family days in the year.

·         All staff would be trained on what to look out for to prevent the use of illegal drugs.  There would be security cameras.  Staff would look out for anyone spiking drinks.  An assurance was given that proper arrangements would be in place to monitor the activities on the premises.

·         Customers would be advised to leave and arrive quietly and be notified notify where they could park.  There would be CCTV.

·         The applicant had worked in a pub and decided to run a restaurant and take away for the West Indian community as they was a demand for this.  He noted that members of the Afro Caribbean community were travelling to Leeds and Manchester for food and he wanted to provide it locally.

In summing up the applicant noted that this was a significant opportunity for him to provide a package offering food and a convenience store for his community .

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 grants the application as applied for with the following conditions:

·         That noise from amplified and non-amplified music, singing and speech arising from regulated entertainment at the premises shall not be audible at the nearest noise sensitive premises.

·         That the premises license holder shall ensure that the external areas around the perimeter of the premises are kept clear of litter and refuse.

·         No licensable activities shall take place at the premises unless or until a CCTV system (with satisfactory internal and external coverage) of a standard acceptable to and to the written satisfaction of West Yorkshire Police and the Licensing Authority has been installed at the premises.  The approved CCTV shall be maintained in good working order and used at all times the premises remain open to the public for licensable activities. Any CCTV footage shall be kept for at least 28 days and be available to the Licensing Authority or a Responsible Authority on request.

Reason – It is considered that the above conditions are necessary to ensure compliance with the Prevention of Crime and Disorder objective and the Public Nuisance objective of the Licensing Act.

ACTION: Interim Director, Waste, Fleet and Transport Services