Agenda item

To consider the report of the Head of Elections, Licensing and Registration on an application received for the grant of a premises licence for La Petite, 39 Street Lane, Roundhay, Leeds, LS8 1AP

The Sub Committee considered the report of the Head of Elections, Licensing and Registration on an application for the grant of a Premises Licence for the premises known as La Petite, 39 Street Lane, Roundhay Leeds LS8 1AP

The application had attracted representations from West Yorkshire Police (WYP); local ward Councillor B Urry; and three members of the public.  Prior to the hearing, the applicant had agreed measures suggested by West Yorkshire Police to address the crime and disorder licensing objective. WYP had subsequently withdrawn their representation on the basis that these measures would be included in the Premises Licence, should this application be granted.

The following attended the hearing:

Not all the members of the public who had submitted representations attended the hearing. The Sub Committee resolved to take their written representations into account and proceed in their absence

In presenting the report on the application, the Licensing Officer confirmed that the application had been amended so that the hours requested for sale of alcohol reflected the current planning application submitted for the premises (08:00 until 20:00 hours). Additionally, it was noted that the land registry documents submitted by the applicant did not refer to the La Petite premises and Members agreed to disregard these documents.

The Sub Committee heard from Mr Kanberoglu, the applicant and Designated Premises Supervisor, who explained the application was submitted to encourage lunchtime trade which in turn would allow him to continue to meet the running costs of the premises. Mr Kanberoglu expressed his intention to serve alcohol from 11:00 until 18:00 hours and confirmed that alcohol would only be available with a meal purchased at La Petite. The premises had an internal capacity of approximately 20 patrons, with up to four tables in an area designated outside.

In response to comments contained in the written representations relating to noise; Mr Kanberoglu confirmed that no music would be played inside or emanate from the premises. He estimated the nearest residents lived 300m away. He had operated the premises for three years and received no complaints about noise.

Dr I Tarsugil addressed the hearing in support of the application. He stated he was a local resident and regular customer of La Petite. He confirmed the capacity of the premises as being around 20 patrons and he questioned the relevance of the concerns over noise after 20:00 hours expressed in the written representations as he stated the premises usually closed at 18:00 hours.

Mr B Norton also spoke in support of the application, he stated he was a local resident and had been a patron of La Petite for two years. He commented on the usual clientele of La Petite as being over 30 and suggested that the offer of alcohol to accompany a meal would improve trade. Mr Norton stated La Petite did not generate noise or litter, unlike another local business. Mr Norton confirmed the premises had soundproofed windows and he also provided Members with an example of Mr Kanberoglu’s management style through his dealings with the waste contractor to resolve a litter issue

The Sub Committee also heard from Mr S Simon, who represented the buildings’ landlord. Mr Simon confirmed that Mr Kanberoglu had complied with his obligations as tenant of the building, ran a clean and tidy business and that the business had not attracted any trouble. Mr Simon acknowledged that the premises lay within a parade of commercial businesses in a residential area but added he did not think the granting of this application would create further problems for the area. Finally he highlighted the fact that sales of alcohol would only be for consumption on the premises, accompanying a meal.

In answer to queries from the Sub Committee Mr Kanberoglu expressed his intention to sell wine and bottled beer only, no spirits or draught beer would be available and alcohol would only be sold with a meal at the premises

The Sub Committee then heard from Mr R Ward, on behalf of his son, Mr J Ward – a resident of Shaftesbury Avenue who had made a representation. Mr Ward provided more detail on the comments made by Mr J Ward regarding noise and litter. He also clarified that La Petite frontage faced Street Lane although the side of the building lay on Shaftesbury Avenue and that the building had formerly been No.2 Shaftesbury Avenue.

Mr Ward cited some incidents which he believed threw some doubt on the suitability of the applicant to hold a Premises Licence, including his son’s dealings with the applicant over the waste removal contract and the subsequent action taken by LCC Environmental Protection Team culminating in a Fixed Penalty Notice being issued to Mr Kanberoglu; submission of the wrong land registry documents and the apparent discrepancy between the applicants’ statement that he had held a Personal Licence for 5 years but had submitted a copy of a licence issued in Bradford in July 2015.

(The Licensing Officer provided clarification on this matter to the meeting)

Mr Ward also explained that the premises currently traded under a temporary planning permission for A3 use which would expire on 30^th September 2015. He suggested that once a formal planning application for change of use was submitted, objections would be submitted and he urged the Sub Committee to defer consideration of this application until after the planning application had been determined.

Councillor Macniven then addressed the meeting on behalf of her ward colleague, Councillor B Urry who had submitted a representation. Councillor Macniven advised Members that several Shaftesbury Avenue residents had approached her about the application and their concerns regarding noise from patrons and from the ventilation system. She also queried whether there had been previous owner/manager of the premises as she had been involved with the change of use from greengrocers to A3 use, but had not met Mr Kanberoglu before

In response, Mr Kanberoglu provided the following:

• additional information on the background to the waste contract issue
• that his immediate neighbours were other business, some with later opening hours and the nearest residents being 300 metres away
• that he had not met Mr J Ward and discussed the waste issue with him
• any external seating was minimal and remained under the awning
• that there was no external ventilation system/extractor fan owing to its menu consisting of sandwiches, salads and tapas food.

The Sub Committee carefully considered the application, the report and the representations made at the hearing by the applicant, members of the public and the local ward Councillor. Members also noted the agreements reached between the applicant and West Yorkshire Police prior to the hearing.

RESOLVED – To grant the application as applied for and subject to the additional conditions agreed by the Applicant with the responsible authority.