Agenda item

To consider a report by the Chief Officer Elections and Regulatory which sets out details of an application for a Temporary Event Notices to allow the provision of late night refreshment at “Juicy Gossip” 5 Briggate, Leeds,

LS1 4AF, for a premises operating as a takeaway.

The application has attracted an objection from West Yorkshire Police who are satisfied that allowing the premises to be used in accordance with the notice would undermine a licensing objective.

(Report attached)

The report of the Chief Officer Elections and Regulatory advised Members that a temporary event notice (“TEN”) had been received from Juicy Gossip 5 Briggate, Leeds, LS1 4AF, a premises operating as a takeaway.

The TEN had attracted an objection from West Yorkshire Police who had served an objection notice on the grounds of crime and disorder.

PC Arkle called Sam Longfellow, an officer of Licensing Enforcement as a witness.

PC Arkle made a representation to the Licensing Sub Committee to introduce an additional piece of evidence. It was agreed by all parties present that the additional evidence could be considered as part of the meeting on the understanding that the premises user would be given the opportunity to respond. 

The evidence was in the form of an email which had been received on 25^th March 2019, from a Police Officer working in the city centre on 23^rd March 2019. Members were informed that the Officer had noticed that Juicy Gossip was open and apparently serving hot food until at least 2:00am on 24^th March 2019. They were, it was alleged, doing this with the majority of lights in the front of the shop off and they appeared to have a member of staff stood at the door way.

The Licensing Officer provided a list of previous TEN’s which had been submitted for the premises for Members information.

PC Arkle referred to her objection letter attached at Appendix C of the submitted report which set out the basis of the objection. The objection notice expressed concerns that the premises user is committing offence on a constant basis under Section136 of the Licensing Act 2003 and has been operating in breach of planning permission. The letter also provided a list of incidents directly and indirectly linked to the premises.

Members were advised that Mr Hussain has applied for a premises licence for late night refreshment but the premises are located within the red zone of the Cumulative Impact Policy (CIP).

History of the premises was set out at point 2 of the submitted report. It was noted that on all six occasions listed on the objection letter the premises were not operating under a temporary event notice.

Members were made aware of an ongoing investigation being undertaken by Licensing Enforcement. Mr Hussain has been invited to attend an interview with regard to the alleged contravention of Section 136 of the Licensing Act 2003.

Mr Hussain, the licence holder of Juicy Gossip informed the Licensing Sub Committee that he had been a business man for 35 years, he was a Chef and had other premises in Leeds and Hull. He said that he had only just heard about the cumulative impact area.

He explained to the Members that the premises had previously been a tailors, he went on to tell the Members how he had come to be the owner of the premises buying it from the tailor after going in to buy a jacket.

He said that the previous owner had told him that he either had or would obtain planning permission for a takeaway which was why he had purchased the property. He said that the premises without a late licence was unsuccessful and he had put a lot of money into the business and employed a number of staff. He said that had he known about the CIP he would not have purchased the premises.

Mr Hussain informed Members that he was willing to work with the Police and the Licensing Authority and that he had never had any issues at other premises.

He said that he felt isolated and named other premises within the area that he said had been given a licence since he had been refused.

Mr Hussain went on to speak about the incidents listed in the objection presented by the Police saying that the incidents had not occurred within the premises. PC Arkle confirmed that no employee of the premises had been charged with any offence.

Mr Hussain referred to the additional evidence that had been presented saying that the premises were not open at the time and that staff had been cleaning. He said that it can take a long time to get rid of customers who turn up just before closing time.

PC Arkle said that the Police were not unsympathetic to Mr Hussain. However he had bought a premises within the CIP area. PC Arkle said that it had been her suggestion to Mr Hussain to apply for temporary event notices.

In response to questions the Members were informed of the following points:

·  Crimes were associated with the premises;

·  The Police had objected to all three applications for a licence;

·  The premises only has permission to open between 12 noon and 23:00;

·  When operating a temporary event notice this starts at 12 midnight, the premises close for 1 hour;

·  No charges in relation to the crimes listed had been brought against Juicy Gossip and no staff were involved;

·  Unlicensed activities are alleged to be on-going;

Members considered all the information presented both written and at the meeting.

RESOLVED – That a direct counter notice be issued over the nature and number of incidents in relation to the crime and disorder objectives.