Agenda item

To consider a report of the Head of Elections, Licensing and Registration on an application for the grant of a premises licence for Papa Johns, 54 Austhorpe Road, Cross Gates, Leeds, LS15 8DX

The Sub Committee considered an application for the grant of a premises licence, made by Mr G Singh, for Papa John’s 54 Austhorpe Road, Cross Gates, Leeds, LS15 8DX. This would be the first premises licence for this address. In summary the application sought provision of Late Night Refreshment until 01:00 Sunday to Thursday and until 03:00 on Friday and Saturday.

Representations had been received from LCC Environmental Protection Team (EPT) and Planning Services in their capacity as responsible authorities along with 22 individual letters of objection which opposed the application on the grounds of all four licensing objectives.

The following attended the hearing:

Mr G Singh – the applicant; and Mr B Dhawan

Mr G Mann and Mr J Tootle – LCC EPT

Ms L Hart and Mr D Jones – LCC Planning Services

Professor E Judge and Mr Furness – members of the public

Not all members of the public who made a representation attended the hearing, the Sub Committee resolved to take their written representations into consideration and to proceed with the hearing in their absence.

Mr Singh addressed the Sub Committee, explaining that this premises was one of 15 Papa John’s franchises he owned, all of which opened until 03:00 or 05:00 hours. He stated that this premises would employ twelve staff in total. Signs were erected reminding customers to leave quietly and there was a litter-picking policy. CCTV was installed to protect against incidents of crime which recorded 24 hours per day, with the recordings held for 28 days which could be provided to West Yorkshire Police (WYP) on request.

Mr Dhawan explained that the purpose for the premise licence was to facilitate a pizza delivery service after 23:00 hours; the applicant did not necessarily envisage customers attending the shop in the early morning. He provided statistics stating that prior to 21:00 hours, 80% of sales were delivery based and that rose to 95% of sales after 23:00 hours. Additionally, the delivery drivers were requested not to slam car doors, rev engines or play music loudly whilst they were waiting to collect orders ready to deliver. Mr Dhawan also noted that the three Leeds Domino’s Pizza premises opened until 03:00hours and that this proposed Papa John’s premises would be located next to Livorno pizza shop.

Mr G Mann, LCC EPT, then addressed the Sub Committee commenting on the location of this Papa John’s, which had been open since February 2016, in an area of mixed commercial and residential use. Most of the nearby shops closed by 18:00 hours and some of these had residential flats above. In fact, the upper two floors of this premise had recently been the subject of a planning application for a House in Multiple Occupation/flats although this had now been withdrawn and the upper two floors were used for storage. Mr Mann explained concerns over the impact of late night use of the premise by patrons on existing and future residents, in terms of noise from vehicles, people talking and congregating. Such noise could be intermittent and that LCC EPT could not deal with noise generated outside the curtilage of a premises so this type of noise could be frustrating for residents seeking to resolve the issue. Additionally, there would be the increased potential for disturbance from delivery vehicles/drivers and from the kitchens through the use of extractors and ventilation systems, particularly in summer months when residents may open their windows. In conclusion, Mr Mann expressed concern that should the hours of operation be granted as applied for, the 03:00 hours closing could set a precedent in the locality for other premises to consider extending their operating hours, which would lead to a greater impact on residential amenity through noise and disturbance at later hours.

In response to a query regarding the location of this premises being next door to an existing pizza restaurant with 02:00hours closing time at weekends, Mr Mann stated he was not persuaded by this. An additional late night premises in this location would create additional noise and disturbance in the area. However, Mr Mann did confirm that no noise complaints had been received by LCC EPT.

The Sub Committee then heard from Ms L Hart, LCC Planning Services. Ms Hart confirmed that planning permission allowing the premises to operate as a restaurant had been granted in September 2015. At that time, conditions were included on the permission which restricted the hours of opening to 08:30 until 23:30 hours in the interests of the amenity of nearby residents. A condition also prevented car parking on the frontage of the premises. She confirmed that a planning application for residential use of the upper floor of remises had been withdrawn and noted that there were houses nearby and flats above other premises in this shopping parade.

Mr D Jones also provided the Sub Committee with an overview of the residential nature of the upper floors of other premises in the locality and concern over the timing of this premises licence application at the same time the residential use planning application had been withdrawn.

In response to questions from the Sub Committee, Mr Jones confirmed that at the time planning permission was granted for restaurant use, LCC Planning Services was aware that the adjacent Livorno’s premises operated until 02:00 hours at weekends. That was a long-standing permission from the 1970’s and although an 02:00 hours application would not be supported now due to concerns of amenity, the Livorno permission could not be revisited.

Mr Furness then addressed the Sub Committee; he spoke on behalf of the Crossgates Residents and Professor Judge who was also in attendance. Mr Furness expressed local residents concerns over the potential for disturbance which could be generated by the premises, due to its location close to residential properties and the flats above the shops. He noted that the frontage of the shops had double yellow lines to restrict on-street car parking and suggested that this was why the planning permission restricted the delivery vehicles to the rear of the premises. Due to the shortage of parking for customers, he suggested that they would aim to park in the residential streets nearby.

Mr Furness explained that this was an area where there not a lot of footfall. He noted that both Livorno and Oceans fish and chip shop were nearby however, littering was a different problem with pizza take-aways as customers discarded the packaging differently and despite the applicants assurance about litter picking, Mr Furness stated he still found empty pizza boxes in his garden. Mr Furness also highlighted the possible impact on residents’ sleep by the proposed later opening hours and referred to data showing how noise reduced across Crossgates through the night. He felt that the proposed later opening hours would disturb sleep patterns which could have a health impact.

Mr Singh concluded his submission and addressed some of the comments made. He stated that he had received no complaints about noise from local residents since the premises opened in February 2016. The premise used a sound suppresser – a similar system as that operated in the other nationwide Papa John’s premises. Mr Singh stated that he would take on board the residents’ concerns and try to be more community minded. He confirmed that staff did undertake litter picks but acknowledged that they couldn’t collect everything.

The hearing concluded with a discussion about whether conditioning delivery drivers to only use the rear of the premises during the evening would be beneficial. Mr Furness stated that the rear of the premises was very restricted and busy. Drivers did not use the rear entrance currently and he did not foresee them doing so in the future. Ms Hart emphasised the current planning conditions which restricted parking and delivery to take place at the rear of the building in the off-site garage facility with no parking at all to take place on the shop frontage at all times. Mr Singh confirmed there were 6 parking spaces to the rear of the premises with the garage planned for demolition. Mr Singh stated that the drivers would use only the rear entrance for deliveries in the future and he was reminded that to undertake any deliveries from the font of the premises would be in breach of the planning permission for the premises.

The Sub Committee carefully considered the application before them, alongside the written and verbal submissions from the applicant, the responsible authorities and members of the public.

Balancing the application and the views of local residents and responsible authorities, the Sub Committee noted that another licensed premises in the locality – Livorno’s – operated until 02:00 hours and that there had been no complaints made about this premises. The Sub Committee therefore concluded that operation until 02:00 hours on Fridays and Saturdays only would be more in keeping with the locality. In terms of Sunday to Thursday, the Sub Committee was aware that other premises operated until 00:00 midnight and indeed residents, in their written representations, had expressed the view that Papa John’s already operated to 00:30 hours when this was not the case. In view of this, Members felt that the premises could operate until 00:00 midnight, subject to appropriate conditions.

RESOLVED – To grant the application in the following terms:

Provision of Late Night Refreshment

Sunday to Thursday – 23:00 until 00:00 midnight

Friday and Saturday – 23:00 until 02:00 hours

Owing to the concerns raised in respect of public nuisance and in line with the planning conditions, coupled with Mr G Singh’s agreement to only permit deliveries from the rear of the building, a condition of the premises licence will state that there will be no deliveries from the front of the premises.

Additionally, the applicant was firmly reminded that planning permission was required before the hours granted on this premises licence could be operated.

Residents were also reminded that, should they feel that deliveries continued to operate from the front of the premises in contravention of both the planning permission and the Premises Licence, they should report and evidence this to Leeds City Council and seek to bring a Review of the Premises Licence.