Agenda item

The report of the Head of Elections, Licensing and Registration requests Members to consider an application for the grant of a premises licence, made by Baboshka Limited, for Papaya 501 Bradford Road, Stanningley, Pudsey, LS28 8EE.

(Report attached)

The submitted report of the Head of Elections, Licensing and Registration advised Members of an application made by Baboshka Limited for the grant of a premises licence for Papaya, 501 Bradford Road, Stanningley, Pudsey, LS28 8EE.

John Blowe of the Yorkshire Evening Post attended the meeting for this item.

In attendance at the meeting was Anthony Horne the Solicitor on behalf of the applicant.

It was noted that Mr Horne had informed the Sub-Committee that the applicant was unable to attend as they were unwell; Mr Horne requested that the Sub-Committee consider the application in their absence. The Licensing Sub-Committee were agreeable to this.

Members were informed that this application had attracted representations from WYP. However, the applicant had amended the operating schedule to incorporate suggested measures by WYP which had been agreed and the objection by WYP had subsequently been withdrawn. Representations had also been received from the three Ward Members on the grounds of public nuisance which were attached at Appendix D of the submitted report.

Members heard that this premises was previously licensed under the Licensing Act 2005 and had traded under the name of The Farmers. The licence had been surrendered in December 2015 by the premises licence holder.

This application was for:

·  Late night refreshment every day 23:00 – 02:30;

·  Recorded music

·  Sale of alcohol (for consumption on the premises) every day 15:00 – 02:30

·  Non-standard timings –

o  From start of permitted hours on New Year’s eve to the end of permitted hours New Year’s Day

o  An extra hour on the day when British Summer Time commences.

Mr Horne addressed the Sub-Committee highlighting the photographs provided within the supplementary information which he said showed that this application was for a bona fide restaurant which had an extensive menu.

Mr Horne had been of the view that the operating schedule was robust. However, WYP had raised concerns and provided a number of suggested measures which had now been incorporated into the operating schedule, as a result of which WYP had now withdrawn their representations. WYP were also satisfied that the CCTV was comprehensive and were satisfied with information being held for 28 days.

Mr Horne informed the Members that 20 Temporary Event Notices (TENs) had been used with no complaints being made by residents living nearby.

The Members were informed that the TENs had operated between 15:00 – 02:00 and 15:00 – 24:00.

Mr Horne, in response to concerns raised by the Councillors in relation to fireworks, explained that there was already legislation with regards to the setting off of fireworks and this would be adhered to.

In response to Members questions it was noted that that these premises were a dedicated restaurant providing 140 covers and alcohol would only be served with meals.

It was also noted that these premises would not be used as a takeaway, that there would be no outdoor seating area, only a small smoking area within the curtilage. Customers leaving the premises would be requested to leave quietly and this would be monitored by staff.

Mr Horne offered an additional condition that doors and windows would remain closed during operating hours except for access and egress to limit noise escaping from the premises.

RESOLVED – To grant the premises licence subject to the following:-

·  Late night refreshment – 23:00hrs -01:30hrs

·  Sale of Alcohol – 15:00hrs – 01:30hrs

·  Premises to close 02:00hrs

·  Doors and windows to remain closed during operating hours except for access and egress

·  Conditions suggested by WYP to be incorporated within the operating schedule