Agenda item

To consider the report of the Head of Licensing and Registration setting out details of an application for the grant of a premise licence in respect of Afro Diaspora, Unit 10, Shaftesbury Parade, Harehills Lane, Harehills, Leeds, LS9 6PJ.

(Report attached)

PLEASE NOTE : Appendix D to 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 Afro Diaspora – Unit 10, Shaftesbury Parade, Harehills Lane, Harehills LS9

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

Present at the hearing were:

Mr Jean Claude Dooh – the applicant

Mr Graham Hopkins – the applicant’s representative

Inspector J Hawks – West Yorkshire Police

PC L Dobson – West Yorkshire Police

Bob Paterson - West Yorkshire Police

Mr B Kenny – LCC Environment Protection Team (EPT)

Mr Myers – Member of the public

Mr Cracknell – Member of the public

The Sub Committee heard from Mr Hopkins who was representing the applicant he outlined the reasons why the application for a licence should be granted, these were as follows:

• The club would be a centre for the African community, where Africans could maintain their cultural identity;
• That there would be no live music; and
• The willingness of the applicant to work with all relevant authorities and the additional conditions his client was willing to accept if the licence were to be granted;

Mr Hopkins also highlighted that the applicant had no criminal convictions and had leave to remain in the UK and that it was unfair that the previous poor reputation of the premises be linked to Mr Dooh.

Members followed this up with specific questions about what the club would be used for and whether alcohol was intended to be sold. Members also established the capacity of the venue.

Members then heard from PC Lynn Dobson of West Yorkshire Police who put forward that the history of these premises could not be ignored and that the Police have knowledge have had difficulties with these premises over a period of years. It was also highlighted that the premises formed part of a residential area and that it was likely that customers would travel from other parts of Leeds to visit these premises due to the low local demand for the facilities being offered by the applicant. PC Lynn Dobson also highlighted recent offences that had involved the club and the fact that events were going ahead at the club despite there being no licence or temporary event notices in place. The state of repair of the building was also brought up with PC Dobson considering that the building was poorly maintained and that requests to improve matters had previously not been carried out despite promises being made to the contrary.

At this point in the meeting Members discussed with the police how a private party was defined and also questioned officers as to when a temporary event notice is required.

The Sub-Committee heard from Mr Kenny of LCC EPT, Mr Kenny informed Members that the premises were in a residential area and that the bulding was not suitable for the usage proposed by the applicant. It was highlighted that the building was acoustically weak and in poor condition. Mr Kenny also stated that despite Mr Dooh informing the Sub Committee about conditions he would be prepared to adopt, none of these had been with the EPT and that this was a full objection.

The Sub Committee then heard from Mr Myers and Mr Cracknell who highlighted there concerns about the club being granted a licence and the late hours that it would be open until in what is a residential area.

The applicant was asked to sum up. Mr Hokinson proceeded to detail the lengths the applicant would go to obtain a licence including having door supervisors and better co-operation with the police.

At this point Members asked questions about how the proposed alterations to the building would be financed.

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

RESOLVED – That the application be refused for the reasons that there had been no firm plans put forward or associated costings for works to be carried out, the poor co-operation with West Yorkshire Police, the unsuitability of the premises for the use proposed and the lack of support from local residents.