Agenda item

The report of the Chief Officer (Elections and Regulatory) requests Member’s consideration on an application for the grant of a premises made by Barakah Bros Leeds LTD, for Barakah Bros, 162 Chapeltown Road, Chapeltown, Leeds, LS7 4EE.

(Report attached)

The report of the Chief Officer (Elections and Regulatory) introduced an application for the grant of a premises licence made by Barakah Bros Leeds LTD for Barakah Bros, 162 Chapeltown Road, Chapeltown, Leeds, LS7 4EE.

Supplementary information was distributed to relevant parties prior to the meeting, in the form of a supporting statement provided by the applicant.

There was no representative on behalf of the applicant in attendance. However, the Licensing Authority had received an e-mail on behalf of the applicant company which included a statement that there was no need to adjourn the meeting and a request to continue the meeting as normal.

Vanessa Holroyd, Senior Environmental Health Officer was in attendance.

The Legal Adviser to the Sub-Committee set out the procedure to be followed, and the Principal Licensing Officer outlined the application.

In summary, the application sought:

·  Late Night Refreshment – Monday to Sunday 23:00 to 01:00 hours

·  Opening Times – Monday to Sunday 11:00 to 01:00 hours

·  Non-standard timings – extensions to Bank Holidays until 02:00 hours, Carnival Weekend until 03:00 hours, Christmas, Boxing and New Year’s Day until 02:00 hours and during this month of Ramadan until 02:00 hours

Representations have been received from Leeds City Council’s Environmental Protection Team in their capacity as a responsible authority, on the grounds of public nuisance.

The application has not attracted further representations.

The Environmental Health Officer addressed the Sub-Committee. Vanessa relayed concerns regarding noise on an evening due to customers picking up food, delivery drivers coming and going and noise coming from the extractor fan. It was acknowledged that the premises is situated in a quiet residential area, with no nearby premises open later than 11pm. Additionally, there is 4 residential flats directly above the premises. it was also noted that there is a fish and chip shop nearby, as well as a Jamaican restaurant. Vanessa was of the opinion that should the application be granted, it will set a precedent for other local businesses to apply to extend their hours.

Vanessa referred to the supplementary information provided by the applicant and raised concerns that the extractor fan being switched off after a certain time will increase smoke and odour from the types of food being cooked. It was emphasised again that the premises is in a quiet residential area, and noise disturbing residents remained a big concern.

In response to questions from Member’s, the following was confirmed:

·  According to an online website, the premises has been open and trading for a couple of weeks.

·  Vanessa was unaware of any consultation undertaken between the applicant and local residents. However, it was noted that the applicant leases the unit next door to the premises which is currently a barber.

·  Vanessa believed that the premises trading later than 11pm was unacceptable due to noise disturbance.

·  In response to a comment regarding the applicants attempt to mitigate noise nuisance by using their own drivers to deliver food and making sure that car radios are switched off after a certain time, Vanessa explained that noise will still be generated from vehicles pulling up to the premises, and conversations had regarding customers’ orders. It was believed that the applicant only using their delivery drivers, and not UberEATS and Deliveroo, wouldn’t work as a business model.

·  The menu offers varied food options and switching the extractor fan off is not practical without limiting the menu after a certain time.

·  No other nearby premises have applied to extend their hours.

Conclusion

Having considered all information before the Licensing Sub Committee, and as part of a private deliberation process, it was

RESOLVED – That the application be refused.