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 AGA Shop, 29A Harehills Road, Harehills, LS8

(Report attached)

PLEASE NOTE : Appendix D of the report is regarded as containing exempt information under the provisions of Paragraph 14 of the Licensing Act 2003 (Hearings Regulations 2005)

The Sub-Committee, having regard to the Licensing Act 2003, the Section 182 Guidance the Authority’s own Statement of Licensing Policy considered an application for the grant of a Premises Licence in respect of Aga Shop – 29A Harehills Road, Harehills LS8

  Representations had been received from West Yorkshire Police, LCC Environmental Protection Team, two local residents and from a Ward Member supporting the representations made by his constituents

Present at the hearing were:

  Ms Agnieszka Nowak – the applicant

  Mr Gilbert Jardin – supporting the applicant

  Sergeant R Fulilove – West Yorkshire Police

  PC L Dobson – West Yorkshire Police

  Mr B Kenny – LCC Environment Protection Team (EPT)

  A preliminary item was raised with the Sub-Committee in view of the applicant’s recent request to amend the hours being sought for the sale of alcohol, from 24 hours per day to 10.00 – 23.00 each day.  The Sub-Committee agreed to accept the amendment and proceeded to consider the application with the amended timings for the sale of alcohol

  The Sub-Committee heard from Mr Jardin at Ms Nowak’s request, who stated that the premises had operated as a food store but that increasingly customers had requested the availability of alcohol for sale and as the business was being run to provide a living for the applicant, Mr Jardin and their family, a decision had been made to change the nature of the business and sell alcohol, subject to obtaining a Premises Licence.  Details of the security measures in place were provided, with Mr Jardin stating that no complaints had been received from neighbours to the previous operation of the premises

  The Sub-Committee heard from Mr Kenny of LCC EPT who stated that whilst the application for a 24 hour Licence had attracted a full objection on the basis of potential noise nuisance and disturbance, there was less concern in relation to the hours now being sought

  Members then heard from PC Lynn Dobson of West Yorkshire Police who whilst acknowledging the slight dilution of the police’s objections in view of the amended hours, remained of the view that the application should be refused

  PC Dobson referred to the location of the premises which were situated in an area covered by a Designated Public Places Order which came into force on 3^rd August and stated that the area was challenging and experienced high figures in respect of crime and anti-social behaviour; expressed concern about the applicant’s ability to uphold the licensing objectives in view of this and stated that the cumulative impact of a further licensed premises in this area would be considerable

  PC Dobson also made reference to information on the police database which suggested there was some uncertainty about the applicant’s identity and her links with Mr Jardin which had led PC Dobson to consider Mr Jardin’s role in the business, despite Ms Nowak being the applicant

  In response to questions from the Panel, PC Dobson provided further details which had led her to form this view  The Panel was concerned that the information being provided had been available to West Yorkshire Police but had not been included in the supplementary document submitted in advance of the hearing.  Members also noted that some of PC Dobson’s concerns were in relation to information dating from 1996 and to matters for the Border Agency rather than the Licensing Sub-Committee

  Reference was made to information regarding the operation of the premises and the suggestion that alcohol was already on site; this information having been provided by the Neighbourhood Policing Team.  The applicant stated that the premises had been closed for the last three months

  The Sub-Committee carefully considered both the written and verbal representations from the applicant, Ms Nowak, Mr Jardin, LCC EPT and West Yorkshire Police and had regard to the written objections from neighbours and the Ward Member support of these representations

  The Sub-Committee was of the view that the amended application dramatically changed the basis of the objections based on the licensing objectives and noted that the amendment of the hours to 10.00 – 23.00, were standard hours

  Members noted that the EPT had made a full objection to the original application due to concerns about noise nuisance and public nuisance but had indicated there was less concern with the revised hours now being sought

  The Sub-Committee noted West Yorkshire Police’s comments that the objections made had been diluted with the request for shorter hours.  In respect of the issue of the identification of the applicant, this was not proved.  Members having explored the evidence provided by the Neighbourhood Policing Team concluded this was not of sufficient strength to warrant a refusal of the application

  RESOLVED -  That the Premises Licence be granted for the sale of alcohol from 10.00 – 23.00 hours daily and subject to the conditions offered by the applicant in the pro-forma attached to the application