Agenda item

To consider the report of the Head of Licensing and Registration on an application to vary an existing premise licence held at the Star Chef Take Away, North Lane, Headingley LS6. The premise lies within an area covered by a Cumulative Impact Policy

(Report attached)

The Sub Committee, having regard to the Licensing Act 2003, the Section 182 Guidance and the Authority’s own Statement of Licensing Policy, considered an application to vary a premises licence held by Star Chef Takeaway, 15b North Lane, Headingley. It was noted that the premises were located within Cumulative Impact Area 2 (Headingley & Hyde Park)

The applicant did not attend the hearing. The Sub Committee resolved to consider the written application and to proceed in the absence of the applicant. Representations had been received from responsible authorities. The following attended the hearing:

Mr B Kenny - LCC Environmental Protection Team (LCC EPT)

Mr C Sanderson - LCC Department of Development

Mr B Patterson - West Yorkshire Police (WYP).

The Sub Committee heard from Mr Kenny regarding the close proximity of the premises to residents, the likelihood of noise and disturbance being caused later into the night/early morning by attracting patrons who would otherwise not be in the locality and the likelihood of setting a precedent in terms of opening hours for premises in this area

Mr Patterson then addressed the Sub Committee regarding the CIP Area 2 policy which was revised to include hot food takeaways in 2007 specifically to address the impact of the cumulative effect of such premises in the area

Mr Sanderson addressed concerns of public nuisance likely to be caused by the congregation of patrons outside the premises, proximity to residents homes and the CIP

Members carefully considered the application as submitted and the representations made by the responsible authorities. Members shared the concerns expressed by the responsible authorities and noted that the applicant could not demonstrate that this application would not have a detrimental impact of the cumulative impact of licensed premises in the Headingley /Hyde Park area

RESOLVED – To refuse the application