Agenda item

To receive and consider the attached report of the Chief Officer (Elections and Regulatory) regarding an application for the grant of a premises licence made by Loghman Ahmadi, for Convenience Store, 145 Oldfield Lane, Upper Wortley, Leeds, LS12 4EX.

The report of the Chief Officer (Elections and Regulatory) presented an application for the grant of a premises licence made by Loghman Ahmadi, for Convenience Store, 145 Oldfield Lane, Upper Wortley, Leeds, LS12 4EX.

The following were in attendance for this item:

·  Nick Semper, The Licensing Guys – Applicant’s Representative

·  Loghman Ahmadi – Applicant

·  Councillor A McCluskey – Objector

·  Hazher Ghadery – Interpreter

The Legal Officer outlined the procedure for the hearing and the Licensing Officer summarised the application by highlighting:

·  The applicant has applied for sale by retail of alcohol, every day, 07:00 until 23:00 hours (for consumption off the premises).

·  West Yorkshire Police and the applicant have reached an agreement prior to the hearing resulting in additional conditions being added to the proposed operating schedule.

·  The application has attracted representations from other persons which remain a matter for Member’s consideration, including 21 representations which oppose the application on the grounds of public nuisance and public safety.

·  A local ward member has submitted footage for Member’s to view which has been provided on behalf of a local constituent.

The applicant’s representative informed the Sub-Committee of the following:

·  The Designated Premises Supervisor (DPS) will be the applicant’s nephew.

·  The premises has traded as several different uses including a dessert store, car sales shop and bathroom showroom.

·  The application includes a comprehensive operating schedule, and the applicant can promote the licensing objectives and will not undermine them.

·  There is no evidence to challenge the operating schedule, applicant or DPS. There is also no history of disorder, noise complaints or evidence regarding the premises or any other premises operated by the applicant.

·  Responsible Authorities have not objected to the application.

·  Crash map data has been provided, and there has been 4 slight accidents over a 5-year span. The applicant encourages pedestrian and cycle owners to visit the premises, and has not provided parking.

·  The video footage referred to provided by a local resident, does not evidence any link with the applicant, DPS or anybody who works at the premises. Vehicles parked illegally also have no link with anybody who works at the premises.

·  Commercial demand is not a matter for the Licensing Sub-Committee.

·  It is hoped that parents of children will make use of the premises, and it is not a cause for concern with children walking past the premises.

·  There is no link with money laundering, nor evidence.

·  The applicant will not sell to any patrons who appear drunk, and they will not sell alcohol to street drinkers.

·  Crime map data has been provided regarding anti-social behaviour in the area. There is a marked reduction in Leeds in general and the Farnley and Wortley ward in particular, is at an all-time low.

·  The applicant has offered challenge 25.

·  Fear and speculation are not evidence and there is no associated history or issues with the premises.

In responding to questions from Sub-Committee Members, the applicant and/or his representative confirmed:

·  The bollard which had been removed has not been reinstated.

·  The applicant has offered Challenge 25 and all members of staff will be responsible retailer to level 1 audited accreditation.

·  The DPS also has a shop in Roundhay and holds a personal licence.

·  The applicant visits his friend shop in Roundhay monthly to oversee operations and undergo training.

Councillor McCluskey attended the meeting in opposition to the application, and explained his main concerns related to planning issues. However, he explained he also has concerns regarding damage that has been done outside of the premises, regarding the removal of a bollard. He explained this is unacceptable behaviour.

Further to a question from a Sub-Committee Member, Councillor McCluskey confirmed that he did not advise the constituent to report the issue, as he found out several days after the event. He also explained that there is a notorious number of incidents on that roundabout near the premises, and that incidents may not have been reported.

At this point in the meeting, Sub-Committee Members resolved to go into private session to view the footage provided by the objector.

The meeting then resumed in a public forum.

The applicant’s representative summarised by explaining the person in the footage is not directly related to the premises. He also offered assurances that there is a comprehensive operating schedule, modelled by the council’s conditions and the licensing objectives will not be undermined.

He also explained that there is no evidence of anti-social behaviour directly related to the premises, applicant or anybody who will work at the premises and the main thrust of the objector’s concerns related to planning matters.

At this point in the meeting, Sub-Committee Members moved into private session to deliberate on the application.

The meeting resumed in a public forum, and questions were put forward to the applicant. The Chair asked the applicant whether he would be willing to accept conditions prohibiting any reference to alcohol in the name of the business and prohibiting any external advertisement of alcohol. The applicant did not object to this, and Cllr McCluskey confirmed that the proposed condition would promote the licensing objective regarding the protection of children from harm.

The Sub-Committee then moved back into private session to further deliberate.

Upon returning, it was

RESOLVED – To grant the application as applied for, subject to attaching the following additional conditions to the licence:

·  The name of the premises shall not contain any reference to alcohol.

·  There shall be no internal window displays or external window displays, posters, advertisements or other imagery depicting of referring to alcohol and neither shall any such displays, posters, advertisements, or other imagery be placed on the shop frontage or in front of the premises.