Agenda item

To consider the report of the Head of Elections, Licensing and Registration for an application for the grant of a premises licence, made by Mr Mohammed Abbas, for Torino Pizza 52 Westgate, Otley, LS21 3AS.

(Report attached)

The Head of Elections, Licensing and Registration submitted a report on an application for the grant of a premises licence made by Mr Mohammed Abbas, for Torino Pizza, 52 Westgate, Otley, LS21 3AS. The application was for provision of Late Night Refreshment every day from 23:00 until 01:00 hours. The report highlighted that there was an open enforcement complaint relating to the premises due to the applicant operating beyond 23:00 hours without a premise licence for late night refreshment.

The application had received representations from LCC Environmental Protection Team (LCC EPT); a local ward councillor and four individual letters of objection which opposed the application on the grounds of public nuisance. It was noted that the applicant had agreed to the measures proposed by LCC EPT; and that representation had been withdrawn subject to the agreed measures being included within the operating schedule should this application be granted. The agreements effectively reduced the opening hours so that the premises would close at midnight (Sunday to Thursday) and at 00:30 hours on Friday and Saturday.

Mr Abbas did not attend the hearing. The Sub Committee resolved to proceed in his absence and take his written application into consideration.

None of the members of the public who had made a representation attended the hearing. The Sub Committee resolved to consider their written representations and proceed in their absence.

The Sub Committee heard from Councillor C Campbell, local ward member for the Otley & Yeadon ward who described the premises as being in a sensitive area, surrounded by residential properties. He explained that the current operation of the premises was having an impact on the area, and residents had approached him about noise and smells emanating from Torino’s kitchen. He also had concerns about noise generated by customers visiting the premises late at night, and from cars parking outside the premises.

Councillor Campbell referred to the ongoing enforcement action and explained that, additionally, LCC EPT were pursuing a case against the applicant who did not hold the relevant waste licence. Furthermore, the applicant was dumping waste and storing a bin on LCC land without permission. The applicant had been served with a Fixed Penalty Notice for littering in respect of this last issue. Councillor Campbell stated that both LCC Departments had tried to engage with the applicant, but that all mail and registered post had been returned. He therefore queried whether this applicant would adhere to the agreements reached with LCC EPT over noise, litter and opening hours when the applicant was in dispute with LCC over other matters.

Councillor Campbell then responded to questions from the Sub Committee:

-  The premises had traded as a food outlet for some time, with different branding

-  Local residents were unlikely to be content with the premises opening past 23:00 hours. Councillor Campbell referred to the opening hours of other premises in Otley (included at Appendix E of the report)

-  He had witnessed the premises operating past midnight on several occasions when he had driven past

The Sub Committee considered the application as submitted by the applicant and the measures offered by the applicant to address the licensing objectives. Members also carefully considered the comments made at the hearing by Councillor Campbell, alongside the representations submitted by the local residents in respect of existing public nuisance concerns attributed to the premises. The Sub Committee also noted the report of the open enforcement complaint against the applicant due to the premises being found to be operating beyond 23:00 hours without the necessary authority; and the additional information provided at the hearing in respect of action being taken to address control of waste and littering.

Having considered all the information before them, the Sub Committee was not satisfied that the grant of this premises licence would promote the licensing objectives. Members therefore

RESOLVED – Not to grant the application.