Agenda item

To consider the report of the Head of Licensing and Registration on an application for the grant of a premises licence in respect of the East African Centre, 11a Cherry Row, Burmantofts

(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 for the grant of a premises licence at East African Centre, 11A Cherry Row, Burmantofts Leeds.

 It was reported that the application was for the provision of Recorded Music, Facilities for Making Music, Facilities for Dancing, Sale by Retail of Alcohol and Late Night refreshment.

The hours applied for were as follows:

Recorded Music, Facilities for Making Music, Facilities for Dancing and Sale by Retail of Alcohol:

Sunday to Thursday  10:00 to 23:30

Friday  10:00 to 03:00

Saturday  10:00 to 04:00

Late Night Refreshment:

Sunday to Thursday  23:00 to 23:30

Friday  23:00 to 03:00

Saturday  23:00 to 04:00

It was reported that the application had previously been adjourned following meetings of the Licensing Sub-Committee in order to ascertain the exact location of the premises.

Representations to the application had been made by West Yorkshire Police,  Planning, Environmental Health and local residents.

The applicant’s representative addressed the Sub-Committee and reported that it was wished to reduce the hours of operation to 01:00 on a Friday and a Saturday and also to only cover the ground floor of the premises.  The applicant and his representative also raised the following issues:

• The premises did not offer a nightclub style facility and catered for the Eritrean community in Leeds.  There was no other such provision in the City.
• Maximum capacity was 100 customers.
• There would be no outside activities.
• It was only proposed to play recorded music.
• CCTV would be installed in line with the request from West Yorkshire Police should the licence be granted.
• There had not been any noise audible outside the premises when an inspection had been carried out by Environmental Health.
• Customers were reminded to be quiet upon leaving the premises and a neighbouring taxi firm was used.
• Nearest residential properties were 50 to 60 metres away.
• A retrospective application for planning permission would be made.
• Concern that the petition of objection had repeated addresses.

In response to questions the following issues were discussed:

• The premises had been in operation for 2 years and the sale of alcohol had been made under temporary Event Notices.
• The applicant would accept all the conditions, that were still relevant as proposed by West Yorkshire Police.
• The applicant was willing to accept conditions proposed by Environmental Protection with exception to the one relating to hours of operation.

The West Yorkshire Police representative addressed the meeting and highlighted the following:

• The Police had become involved following reports of alcohol being consumed on the premises although it was not proven there had been sale of alcohol.
• The applicant had been encouraged to apply for a premises licence.
• Reference was made to a fight that had happened outside the premises during the Christmas period.

Planning Services addressed the meeting.  It was reported that there were concerns regarding the use of the premises and no planning application had yet been approved.  There were concerns regarding the proximity of the premises to residential properties and there had been complaints regarding people congregating outside the premises.

Representations were also made from Environmental Protection.  It was felt that there was potential for noise disturbance from the premises and that any License should be granted for no later than 23:00 and also be subject to conditions as outlined in the report.

A representative of local residents addressed the meeting.  He raised the following issues:

• Complaints had been made from residents of Marston Mount and Cherry Court regarding late night noise, gathering of crowds and litter.
• Outdoor parties had been held until late evening.
• Support that had been given to residents in producing a petition against the application.  This had been done at short notice.
• Cumulative effect of other businesses in the area and problems associated with car parking.
• Difficulty for objectors to attend this re-arranged hearing.

In summary to the application, the applicant’s representative highlighted the following:

• West Yorkshire Police were happy with the conditions agreed.
• There was no proof of any incidents attributable to the East African Centre.
• Documentary evidence had now been provided regarded the location of the premises.
• Objections had not been received from residents closer to the premises than those listed on the petition.
• There had been no problems with noise when monitoring had been carried out by Environmental Protection.

RESOLVED –

That a Premises Licence be granted from 10:00 to 23:00 for the supply of alcohol, recorded music and facilities for making music and dancing and that a late night refreshment licence be granted from 23:00 to 23:30.  The premises being open to the public from 10:00 to 23:30.

The applicant was reminded that all conditions that remained relevant and as detailed in the report to be adhered to, CCTV to be in place and planning consent to be gained before they could comply with the Licence.