Agenda item

To consider the report of the Head of Elections, Licensing and Registration on an application made by Fresh Metro Cooperation for the grant of a new premises licence for the premises known as Fresh Metro Cooperation 90 Town Street, Armley, Leeds, LS12 3AA

Please note: Appendices C & D are designated exempt from publication under the provisions of Access to Information Procedure rile 10.4 (1,2,3)

The Head of Elections, Licensing and Registration submitted a report which advised Members of an application made under section 17 of the Licensing Act 2003 for a new premises licence in respect of the above mentioned premises.

Members were requested to consider the application due to the receipt of representations.

The applicant was applying for the sale of alcohol for consumption off the premises, every day between 08:00 – 23:30.

The application had attracted representations from West Yorkshire Police and West Yorkshire Trading Standards.

The application had also attracted a number of representations from other people namely a ward councillor, and local residents. All opposed the application on grounds of public nuisance and crime and disorder.

The applicant Dilan Sadar attended the hearing with his agent Sima Najma of Kher Solicitors who spoke on his behalf.

Mr Sadar stated he was a local man with the best interests of Armley at heart.

The applicant informed the Sub Committee that he had opened a new shop and felt that it was unfair for him not to have a licence to sell alcohol.

On behalf of Mr Sardar, Ms Najma submitted that Mr Sardar would offer no drinks promotions that might encourage binge drinking and that staff would be trained with regards to “Challenge 25”. Ms Najma added that the shop would be fitted with CCTV and that this would be made available on request. Further to this, Ms Najma explained that her client did not wish for Fresh Metro to be a typical corner shop. As a young man brought up in Armley, he was aware of the challenges in the area and was in fact on the same side as those objecting, but he wanted to sell alcohol properly.

Ms Najma was also clear that her client had not issued this application on behalf of anyone, that he would not be influenced in the management of the shop and that this company was solely in the control of Dilan Sadar.

Cllr. Lowe the local ward councillor attended the hearing and informed the Members that the nature of the town centre was changing, that there was not the variety of shops that had been on Armley Town Street. Councillor Lowe raised concerns that adding another premises close to the Health Centre could possibly prevent people from accessing the Health Centre.  She also provided information to the Sub Committee which included:

• That alcohol abuse and street drinking was a problem on Town Street in Armley;
• A park was in the vicinity of the premises; and
• The premises were close to a number of buildings which provided accommodation for the Over 55’s.

Cllr. Lowe informed the Members that the Cumulative Impact Policy for Armley had been agreed at Licensing Committee and was due to go to full Council later this month for consideration.

Mr Clutterbrook, a representative West Yorkshire Trading Standards (WYTS) addressed the Sub Committee and highlighted issues raised within the confidential papers in the committees bundle. Mr Clutterbrooke informed the Sub-Committee that Armley is deemed a “hotspot” for the sale of illicit alcohol and tobacco.

Ms Sanderson representing West Yorkshire Police addressed the Sub Committee and confirmed that they supported the submissions made above by WYTS. The Police were concerned that Mr Sadar could be subject to influence in this application which gave them cause for concern. 

Ms Sanderson requested to disclose exempted information which was considered material to the application.

At this point in the meeting members of the press and public were asked to leave the meeting.

In summing Ms Njama up informed the Members that her client was happy to reduce the opening times from 08:00 – 23:30 to 11:00 – 22:30, having listened carefully to the concerns raised by the local ward councillor and the statutory authorities.

Ms Njama re-iterated that this application was for Mr Sadar’s own company and was not related to any other person and as such should be considered on its own merits.

The Licensing Sub Committee carefully considered all the information before them noting the reduced hours proposed by the applicant. They also considered the strong representations of the objectors and the local ward councillor and:

RESOLVED –

(a)  To refuse the application; and

(b)  That the press and public be excluded for the part of the meeting relating to exempted information being disclosed by the Police.