Agenda item

To receive the report of the Head of Licensing and Registration which sets out details of an application for the grant of a premises licence for The Green Chilli, 50 Otley Road, Guiseley, Leeds, LS20 8AH

(Report attached)

The report of the Head of Licensing and Registration referred to an application for late night refreshment at The Green Chilli, Otley Road, Guiseley.

The application had previously been submitted to the Licensing Sub-Committee on 16 December 2013 when it was adjourned at the request of the applicant to seek legal representation and again on 20 January 2014 when it was further adjourned regarding an outstanding issue.

The hours applied for were as follows:

Monday to Thursday  23:00 to 00:30

Friday and Saturday  23:00 to 01:30

Sunday  23:00 to 00:00

The application had received representations from the Development Department and a local Ward Councillor.

The applicant’s representative addressed the sub-committee.  He highlighted the following:

·  A planning appeal had been submitted.

·  The proposals met all of the licensing objectives.

·  The premises were on a main thoroughfare from the town centre and were appropriate for the provision of late night refreshment.

·  The applicant acknowledged that both planning and licensing approvals would be needed.

In response to Members comments and questions, the following was discussed:

·  Opening hours of nearby establishments.

·  The premises had operated additional hours under Temporary Event Notices (TENs) on weekends since October 2013.

·  There had been one isolated incident of the premises operating after permitted hours – action had been taken against the staff concerned.

·  The flat above the premises was under the control of the applicant.

·  The applicant was unaware that they would be able to apply for further TENs and would have applied for more if known.

·  The applicant wanted to obtain a premises licence pending the outcome of the planning appeal so that they could utilise the license without delay should the planning appeal be successful.

A representative of the Development Department addressed the sub-committee.  Issues raised included the following:

·  Current hours permitted were until 23:30 Monday to Saturday and until 23:00 on Sundays and Bank Holidays.

·  Concern of impact on nearby residential properties – these were highlighted to the sub-committee.

·  There was a current enforcement case against the premises following complaints about operating beyond the permitted hours.

·  There had been complaints from residents to both licensing and planning.

·  Other establishments with longer opening hours were further away from residential properties than these premises.

·  It was the view of Planning that to extend the hours would cause noise and disturbance to local residents.

·  There was concern that if the premises licence should be granted then the premises would operate without planning permission.

In response to Members comments and questions, the following was discussed:

·   Complaints about noise had come from residents nearby to the premises.

·  Environmental Health had considered the risk of noise nuisance to be low and had not objected to the application.

·  Complaints about noise had been made in October 2013 shortly after the applicant had taken on the premises.

The applicant’s representative summarised the application.  Further issues raised included the following:

·  There had been no objections to the planning application.

·  There had been no recent complaints about noise.

·  There had been no comment from Environmental Health on the recent planning application.

·  Customers who used the premises later in the evening tended not to come by vehicle.

RESOLVED – That the application be granted for the following hours:

Sunday to Thursday  23:00 t0 00:00

Friday and Saturday  23:00 to 01:00

The applicant was reminded that no deliveries were to take place after the terminal hour.