Agenda item

To consider a report of the Head of Licensing and Registration on an application to vary a premises licence held by Pizza Bella, 32 Market Place, Wetherby, Leeds, LS22 6NE.

(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 for Pizza Bella, 32 Market Place, Wetherby, Leeds, LS22 6NE.

Representations had been received from Wetherby Town Council and the Ward Councillor. This representation was withdrawn during the consideration of the item once the representative of Wetherby Town Council had been made aware of the limitations for alcohol provision.

Present at the hearing were:

Mr Altin – The applicant;

Mr Hopkinson – The applicant’s representative; and

Councillor Galan Moss – Wetherby Town Council.

The Sub – Committee heard from Mr Hopkinson who was representing the applicant. Mr Hopkinson informed Members the applicant had run the business for six years and had not requested any extension to the licence in that time further to this West Yorkshire Police had been consulted and they were not against the proposal.

The Sub Committee were informed that to purchase alcohol a food order of over £7 would need to be made and that the alcohol would be delivered and paid for on arrival at the delivery address  alcohol delivered would only be wine or beer to a maximum of 8 cans of beer and 2 bottles of wine. Further to this it put to the Sub Committee that all drivers would be over 21, fully trained and would uphold the check 25 policy which would be adopted by the business.

Mr Hopkinson stated that he had previously tried to open dialogue with Wetherby Town Council but had made no progress due to a misunderstanding.

Mr Hopkinson also requested that conditions 5 – 39 be removed from the current licence as these were now covered by other legislation.

At this point Members questioned the applicants representative specifically about the lay out of the premises and whether alcohol would be displayed. It was confirmed by the applicant that no alcohol would be on display. Members raised concerns about multiple orders to the same address which could result in large quantities of alcohol potentially being obtained by under age drinkers. Members were assured that only one alcohol delivery would be made to one delivery address  per evening.

The Sub – Committee then heard from Councillor Galan Moss – Wetherby Town Council, who outlined the reasons for his objection. These were that if drinks were paid for before delivery there was the potential for difficulties when delivering the alcohol if the purchasers were underage. Councillor Moss considered that age checking should take place before the exchange of money.

In summing up the applicant’s representative highlighted that alcohol would not be collected from the shop and that age verification would take place on all deliveries of alcohol  before payment is taken.

The Sub – Committee then carefully considered all the written and verbal submissions and made the following decision:

RESOLVED – To grant the application subject to the conditions detailed below:

• That there be no more than one alcohol delivery to the same delivery address  between the hours of 5pm and 12:30am each day; That all purchases of alcohol are to be made at the point of delivery after proof of age has been validated; and
• That no alcohol be displayed on the premises at any time.