Agenda item

To consider the report of the Head of Licensing and Registration for the grant of a premises licence for Shell Roydsbeck, Ring Road Lower Wortley Leeds LS12

(Report attached)

The Sub-Committee, having regard to the Licensing Act 2003, the Section 182 Guidance, and the Authority’s own Statement of Licensing Policy considered an application received for the grant of a premises licence for Shell Roydsbeck, Ring Road Lower Wortley, Leeds LS12. The application was to allow sale by retail of alcohol.  The application also sought Late Night Refreshment from 23.00 – 05.00 daily.

A representation had been received from West Yorkshire Police regarding the application.

Present at the hearing were:

Mr L Charalambloes- Barrister for the applicant

Mr G Wardell- Cluster Manager for Shell

Mr C Lockett- Licence Holders Agent

Mr B Patterson- West Yorkshire Police

The Sub-Committee heard from Mr Charalambloes who requested that the Licence Application be determined prior to applying the s176 test in order to determine the primary use of the Shell premises. Mr Charalambloes was informed that the Sub-Committee needed to hear all of the evidence and that the s176 test  would be applied first.

Mr Charalambloes informed the Sub-Committee that additional conditions had been agreed with West Yorkshire Police in respect of football match days. Mr Charalambloes tabled actual trading figures in respect of the application.  The Sub-Committee were informed that Shell is the Premises Licence Holder.

Mr Pattison, of West Yorkshire Police informed the Sub-Committee that there had been concerns regarding the premises, and it’s proximity to the Football Ground, however conditions had been agreed and he was now satisfied regarding this. He commented that the Licence Agents had always provided data to him when requested.

The Sub-Committee having carefully considered both the written and verbal representations from the applicant and West Yorkshire Police declined to accept the application.  The Sub-Committee considered the application and use of the premises in line with Section 176 of the Licensing Act 2003 and concluded the primary use of the premises was as a garage  In making this decision the Sub-Committee considered the figures provided by the applicant; the number of litres of fuel sold and the locality.

RESOLVED -  That the application should not be accepted as it related to an excluded premise under s176 of the Licensing Act 2003