Agenda item

To receive and consider the attached report of the Chief Officer (Elections and Regulatory) regarding an application for the grant of a premises licence made by Mr Zulfiqar Hussain, for Cat's Pyjamas, Unit 2, 5 Stainbeck Lane, Meanwood, Leeds, LS7 3PJ.

The report of the Chief Officer (Elections and Regulatory) presented an application for the grant of a premises licence, made by Mr Zulfiqar Hussain, for Cat’s Pyjamas, Unit 2, 5 Stainbeck Lane, Meanwood, Leeds, LS7 3PJ.

The application explained that the premises intends to operate as a restaurant and takeaway proposing:

o  Sale by retail of alcohol - Sunday to Wednesday 10:00 - 00:00 and Thursday to Saturday 10:00 - 01:00

o  Provision of late night refreshment - Sunday to Wednesday 23:00 - 00:00 and Thursday to Saturday 23:00 - 01:00

o  Performance of recorded music - Sunday to Wednesday 09:00 - 00:00 and Thursday to Saturday 09:00 - 01:00

The Legal Officer outlined the procedure to be followed and the Licensing Officer presented the application.

A representation had been received from Leeds City Council’s Environmental Protection Team in their capacity as a responsible authority. The operating schedule had been amended to include suggested measures and the representation had been withdrawn. The application had also attracted representations from two members of the public opposing the application on the grounds of crime & disorder and public nuisance.

Mr Zulfiqar Hussain was in attendance and explained his time as an experienced operator and for being awarded an MBE in Elizabeth II Birthday Honours for his services to business and charities. The premises has created 20 new jobs in the local area. The applicant listed several reasons for obtaining a licence, those being:

·  Conditions have been discussed with responsible authorities and robust measures have been implemented to meet the licensing objectives.

·  Premises nearby operate with a premises licence with similar hours, and it is believed that the premises will not create any issues.

·  The premises does not intend to be ‘rowdy’ and is predominantly restaurant based.

·  The business is not viable without a licence, and 20 local jobs could be lost should the licence not be granted.

·  The premises has operated since 7^th October 2022 with Temporary Event Notices (TENs) and no objections or complaints have been received.

·  The occupier situated above the premises did not submit a representation as he was outside of the consultation period but has informed the applicant that he has not had any issues with noise and following visits to the restaurant believes the manager is polite and respectful of the local area.

·  The applicant has been in the trade for over 12 years and owned a number of restaurants in Leeds, without receiving complaints from residents. The applicant has also had discussions with the owner of Black Market around consulting residents. The applicant has attempted to engage with those that submitted representations, via Leeds City Council and by direct contact.

Further to questions from Sub-Committee members the following was confirmed:

·  It is intended that the premises will be 80% restaurant and 20% takeaway led. The model will replicate the Headingley restaurant, and it is predicted that people who order takeaway from Headingley to Chapel Allerton, will dine in at the premises. Takeaways will be delivered by Deliveroo, and the premises will not be delivering their own takeaways.

·  There will be no music or serving of alcohol outdoors from 11pm and people will not be allowed to congregate outside. Staff will be trained to identify patrons who have consumed too much alcohol and will refuse sales. Notices will also be displayed in the premises to remind people to be mindful of residents when leaving the premises.

·  Black Market operated to lesser hours and included restrictions on the outdoor space. Cat’s Pyjamas will have a lower price per head, to cater for families and children, and to also compete with direct competition in the area.

·  The premises has been running on a TEN since 7^th October 22, and there is 1 day available before reaching the annual allowance.

·  Contact details can be found on the premises website and the Facebook social media page, and the applicant is happy to provide personal contact details to nearby residents.

·  The DPS is the applicant’s sister, and the applicant also has his own personal licence. The manager at the premises will be trained and put through the process of becoming a personal licence holder.

·  The premises has 30 seats inside and is too small to cater for private functions.

The Sub Committee deliberated in private and in reaching its decision, considered the report of the Head of Elections, Licensing and Registration, including the written representations opposing the application.  The Sub Committee also had regard to the relevant provisions of the Licensing Act 2003, the Guidance issued under Section 182 of the Act and Leeds City Council’s Statement of Licensing Policy. The Sub Committee also considered the oral representations, contributions, and explanations from the applicant.

RESOLVED – To grant the application as applied for.