Agenda item

To receive and consider the attached report of the Chief Officer, Elections and Regulatory

The report of the Chief Officer, Elections and Regulatory requested Members consideration for an application to vary a premises licence, made by Antonio Carlos Duarte Soares, for Sabura, 246 Dewsbury Road, Hunslet, Leeds, LS11 6JQ.

Prior to the start of the meeting Cllr Wray who had made representation in objection to the application, informed Entertainment Licensing that he had withdrawn his representation as the applicant had agreed to the reduced hours of operation suggested by Cllr Wray.

The Sub- Committee were advised that the applicant and the applicant’s representative were unable to attend due to unforeseen circumstances.

Cllr Carlisle attended the meeting as the outstanding objector to the application.

The report of the Chief Officer, Elections and Regulatory, provided the Sub-Committee with the following information:

·  The applicant was Antonio Carlos Duarte Soares who had applied to vary the premises licence to:

o  Alter the plans to include the outdoor eating area at the front of the premises;

o  Add additional conditions to the licence;

o  Extend the existing hours for the sale by retail of alcohol and late-night refreshment.

·  A copy of the current Licence was appended to the report at Appendix A and a copy of the application was appended at Appendix B

·  A history of the premises was sent out at Paragraph 2 of the submitted report.

·  The applicant proposed to promote the licensing objectives by taking the additional steps identified in the document attached at Appendix C.

·  A map identifying the location of the premises was attached at Appendix D.

·  Representations had been received from West Yorkshire Police and the Environmental Protection Team in their capacity as responsible authorities. It was noted that any representation may be negotiated prior to the hearing and in this instance agreements to adopt additional measures had been reached between with each authority. A copy of the representation and agreement reached with West Yorkshire Police attached at Appendix E and a copy of the representation and agreement reached with the Environmental Protection Team was attached at Appendix F of the submitted report.

·  The application had attracted two representations from local ward councillors who were opposed to this application on the grounds of public nuisance. Redacted copies of the representations were attached to the report at Appendix G. Members had received a copy of an email from Cllr Wray which confirmed he had withdrawn his objection due to amended times of operation being agreed.

·  A list of premises in the local area and their licensed hours and activities had been provided at Appendix H.

Cllr Carlisle informed the Sub-Committee that he wished to adjourn the hearing, as he was of the view that his objection to the application was not just about the hours of operation. The Chair invited Cllr Carlisle to expand on why the hearing should be adjourned.

Cllr Carlisle informed the Sub-Committee that issues had been raised in relation to the premises whilst in the ownership of the previous licence holder and the current licence holder. The issues related to noise nuisance.

Cllr Carlisle informed the Members that whilst speaking with the applicant’s representative, it had become clear that he was not aware of any issues in relation to noise nuisance and had been of the view that it was only in relation to people leaving the premises. However, Cllr Carlisle said that loud music could be heard coming from the premises.

He also had concerns that the premises were sited within a residential area and the hours of operation would still impact on families living nearby. He also had concerns that smokers using the outside would still be able to take their drinks outside with them.

Cllr Carlisle was of the view there had been some miscommunication between the applicant and his representative.

Members considered the information provided by Cllr Carlisle and were of the view that sufficient time should be given for issues to be discussed by all parties.

RESOLVED – To adjourn the hearing until 24^th September 2024.

The meeting concluded at 11:40