The Interim Assistant Director Waste, Fleet and Transport Services will present a report (Document “AG”) which outlines an application for the grant of a premises licence for the provision of late night refreshment to take place indoors and the provision of regulated entertainment to take place indoors at Olivia Gardens, 104 White Abbey Road, Bradford, BD8 8DP.

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

(Melanie McGurk – 01274 431873)

The applicant explained that the application was to extend the time at the end of the day which would give extra time for people to leave the premises Mon- Thursday for an extra hour and Fri-Sun for two hours as it may be busier at the weekend.  He explained that he had a three year contract with a security firm and a letter of confirmation was circulated to members and tabled at the meeting.  He added that when the premises operated previously as a public house it did get rowdy.  He had assured neighbours that security was in place so the same issues would not arise.  No alcohol was to be sold on the premises.

The applicant’s Ward Councillor attended the meeting and confirmed that the premises would be sound proofed and there would be a car park for the premises and that the applicant had spoken to neighbouring residents who were happy with the proposals.  He added that a security firm would be employed and that the neighbourhood policing team had not raised any issues.  He noted that the building had been derelict and that a lot of money had been spent to bring it back into use.  It would bring employment and training and approximately 40 jobs to the area.

The Ward Councillor for the ward in which the premises were located attended the meeting and spoke in support of the application noting that there was a contract with a security firm and that liaison had taken place with local residents who supported the proposals.

In support of the applicant Mr Imdad Hussain, a Health and Safety professional noted that the residents who had submitted objections had been given assurance regarding their concerns.  They were pleased that they would not have a derelict building next to their homes but a business.  He assured the Panel that the operators would work with local residents to address any concerns they may have.

In response to questions from the Panel the applicant confirmed that:

·         The car park entrances from White Abbey Road and Wood Street would both be used (one in and one out) and there were approximately 19 parking spaces.

·         Additional parking was available on White Abbey Road.

·         The security firm would ensure that no customers parked on Wood Street.

·         The business was currently under renovation.

·         The licensable activities would only take place up to 02.00 for events and not every weekend.

·         The applicant would apply for planning permission to operate beyond midnight.

In response to questions from the Council’s Legal representative the applicant confirmed that:

·         He lived very close to the premises.

·         106 – 124 White Abbey Road were residential premises, 71 – 83 White Abbey Road were commercial, Rievaulx Avenue and Springfield Street were residential.  There would be no parking outside residential premises and there was ample parking with a free public car park on White Abbey Road to which the security firm would direct customers.

·         The applicant gave an assurance that the 4 licensing objectives would be met.  He added that it would be a family restaurant and he did not expect children under 18 to attend on their own.

·         The applicant confirmed that he was aware that under the Public Health Act 2006 no smoking (including Shisha) would be allowed indoors on the premises.  He was unaware of the reason why this had been raised by the objectors.  He added that there would be a smoking area with ashtrays for customers who wished to smoke.

In closing the applicant hoped that any issues that has been raised had now been clarified.

Decision –

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 subject to the following conditions:

• Noise from the provision of regulated entertainment shall be monitored outside of nearest noise sensitive property at regular intervals throughout the time it is taking place.

• Notices shall be displayed in prominent positions near exits reminding patrons to leave in a quiet and orderly manner.

• All outward opening exit doors and all windows are to be kept closed when amplified regulated entertainment is taking place except for access and egress.

Reason - it is considered that the above conditions are necessary for the prevention of public nuisance – Prevention of Public Nuisance Objective.

Action: Interim Director, Waste, Fleet and Transport Services