Agenda item

To consider the report of the Assistant Chief Executive (Corporate Governance) on an application received for the grant of a Premises Licence in respect of premises at 20-22 Harrogate Road, Rawdon and trading as “Nabu”

(Report attached)

The Sub-Committee, having regard to the Licensing Act 2003, the Statement of Licensing Policy and the Statutory Guidance, considered the written submissions before them relating to an application for the grant of a Premises Licence in respect of premises to be known as “Nabu” situated at 20-22 Harrogate Road, Rawdon.

Representations had been submitted by West Yorkshire Police (WYP), LCC Department of Development and by LCC Health & Safety Team (LCC H&S). The applicant had agreed to the measures proposed by those Responsible Authorities to address the licensing objectives prior to the hearing and the representations had subsequently been withdrawn on the understanding that the measures would be included as conditions on the Premises Licence if this application was granted.

LCC Environmental Protection Team (LCC EPT) had also submitted a representation containing a full objection to the application. Local residents Mr I Thompson and Mr P R Thompson, along with local ward Councillor G Latty had also submitted letters of representation but were not in attendance. The Sub Committee resolved to consider their written submissions and proceed in their absence.

The Sub-Committee noted receipt of a signed agreement between the applicant and the Department of Development which restricted the hours of use to 08:00 to 18:00 hours every day and would reduce the hours requested in the licensing application.

The Sub Committee then heard from Mr R Bilsborough on behalf of LCC EPT who stated the objection had been submitted on the grounds of the prevention of public nuisance as it was felt the premises would impact negatively on the residential amenity of local residents through noise generated by patrons coming and going. Additionally, the application had requested hours which were outside of the existing planning permission. Mr Bilsborough stated that Mr Zengin had indicated at a previous meeting that he was willing to operate 08:00 to 18:00 hours as stipulated on the planning permission for the use of the premises and that the sale of alcohol would be ancillary to food sales. Mr Bilsborough confirmed the department would be willing to withdraw its objection subject to those provisions.

The Sub Committee then heard from Mr B Zengin, the applicant. Mr Zengin confirmed he would operate the premises until 18:00 hours only, and that sale of alcohol would be an ancillary function to the food offer. He outlined the refurbishments undertaken to the premises with the intention of being a coffee shop/restaurant rather than a bar. Mr Zengin then addressed the concerns outlined in the residents letters of representation and stated that he had discussed his application with the other businesses in the same street. He noted that no objections had been submitted by them.

In response to queries from the Sub Committee, Mr Zengin confirmed that the forecourt area to the front of the unit was within his lease and had the capacity for four tables. He reiterated that alcohol would only be complimentary to a table meal and there would be no off-licence or takeaway food facility

The Sub Committee carefully considered the written submissions included within the report and the verbal submissions made at the hearing. The Sub Committee was satisfied that granting the application as amended by the applicant would not undermine the licensing objectives particularly given the agreements reached between the applicant and the Responsible Authorities and the fact that there would be no off-sales permitted in terms of food or alcohol sales

RESOLVED – That the application be granted in the following terms:

Supply of alcohol   Monday to Saturday 08.00 am to 18:00 hours

(No application was made for Sundays)

The Sub Committee noted the premises would be open to the public Monday to Saturday 08:00 to 18:00 hours

·  Those measures proposed by WYP, LCC Department of Development and LCC H&S and previously agreed by the applicant will be included as conditions within the Premises Licence as these were felt to be necessary for the promotion of the licensing objectives