Agenda item

To receive and consider the attached report of the Head of Elections, Licensing and Registration

The Head of Elections, Licensing and Registration submitted a report for Members consideration in regard to an application for the grant of a premises licence made by Mr Dana Husseni, for 4 New York Street, Leeds, LS2 7DY.

Members were required to consider the application due to the receipt of representation from a student accommodation buildings manager opposed to this application on the grounds of prevention of crime and disorder, public nuisance and public safety.

Members noted that the proposed premises were located within the cumulative impact area for Leeds City Centre, in the amber area.

The applicant Mr Husseni was present at the hearing with Mr Masoudi the applicant’s uncle, also present were the applicant’s agents Mr Nick Semper and Mr Jim Mooney.

Mr Danny Capewell of Unipol Student Homes was present at the hearing as an objector to the application on the grounds of prevention of crime and disorder, public nuisance and public safety.

Mr Semper asked the Committee if he could present a document for all parties to consider.

It was confirmed that Licensing Entertainment had known about the additional information but had deemed that it was too late to be sent out to all parties. On this premise the Chair and the Committee agreed that they would accept the information and the meeting was adjourned for all parties to consider the information.

At the recommencement of the hearing the sub-committee were informed that during the adjournment the applicant, his agents and Mr Capewell had come to an agreement and that Mr Capewell was now able to withdraw his representation in this matter.

It was agreed with all parties that for honesty, openness and transparency the meeting would continue to hear the proposals as agreed between the applicant, his agents and Mr Capewell and that they would be recorded in the minutes.

 Mr Mooney informed the sub-committee that Mr Capewell had agreed to withdraw his objections as long as the following amendments were adhered to:

·  Relocation of the Night Hatch to the opposite side of the building away from the students accommodation;

·  No super strength beers, lagers, ciders over 6.5Abv to be sold;

·  No single cans of beer, lager or cider to be sold

·  No 3 litre bottles of beer, lager or cider to be sold.

Members were informed that the moving of the Night Hatch would assist with the prevention of crime and disorder and alleviate the issue of noise.

The Chair of the Sub-Committee explained that as the premises would be sited within the amber area of a CIP area they had a duty to ensure that customers purchasing from the Night Hatch would not cause noise or disorder further along the street.

The Members requested information on how this would be addressed.

Mr Mooney said that there would be no congregating of people around the Night Hatch, should a group appear they would be dispersed and asked to move on. It was also noted that if issues arose the hatch could be closed quickly.

Members were informed that a Premises Licence Holder would be on the premises at all times when the shop was open. All staff would be trained and operate Challenge 25.

Members were also informed that 2-3 people would be operating in the shop at all times.

Members noted that the applicant and his agents had contacted the Police early on and taken the advice offered in operating a premises such as this.

Members were advised that the shop would open between 06:00 and 23:00, the window hatch would be open 23:00 – 02:00.

It was on this basis that Mr Capewell withdrew his representation.

RESOLVED – To grant the premises licence as set out in the submitted report with the addition of the conditions offered by the applicant at the hearing as follows:

·  Relocation of the Night Hatch to the opposite side of the building  away from the student’s accommodation;

·  No super strength beers, lagers, ciders over 6.5Abv to be sold;

·  No single cans of beer, lager or cider to be sold

·  No 3 litre bottles of beer, lager or cider to be sold.