The report of the
Chief Officer Elections and Regulatory advised Members of an
application for the grant a premises licence, made by Ermal Brakaj, for Capri at
Roundhay, 112 Gledhow Valley Road, Gledhow, Leeds, LS17 6LX.
A summary of the application was provided by
the Principal Licensing Officer in attendance, outlining the
The premises propose to primarily operate as a
ground floor café/restaurant with ancillary takeaway
The licensable activities proposed were the Sale by
Retail of Alcohol for the hours, Monday to Thursday 08:00 until
22:00 Friday & Saturday 08:00 until 22:30 Sunday 08:00 until
21:00 and Performance of Recorded Music, Monday to Thursday
08:00 until 22:30 Friday & Saturday 08:00 until 23:00 Sunday
08:00 until 21:30.
No representations from Elected Ward Members or
Responsible Authorities had been received.
A redacted version of the application was attached to the submitted
report at Appendix A.
A map identifying the location of the premises was appended to the
report at Appendix B.
10 letters of objection had been received, with concerns regarding
public nuisance, litter, parking, and noise in a predominately
residential area. Redacted copies were attached at Appendix C. Two
objectors outlined potential retribution if their details were
revealed and thus would not attend the hearing.
A list of issued premises licenses and club
certificates within the local area were attached at Appendix
The application was originally due for consideration
at the 10th of January 2023 where the hearing had been
adjourned by the decision of objectors due to there only being two Sub-Committee Members
In attendance at the meeting were:
- Paddy Whur, Woods Whur
– Applicant’s Representative
- Ermal Brakaj -
The Legal Officer set out the procedure to be
The Applicant’s Representative informed
the Sub-Committee of the following points:
- The licensable
activity of Performance of Recorded Music had been de-regulated as
it was no longer needed so the hearing was to determine the Sale by
Retail of Alcohol.
- The Applicant’s
Legal Representative had been instructed after the objections from
residents had been received.
- The Applicant was
content with the proposed conditions contained at pages 35 and 36
of the report. It was noted the Applicant holds a Personal
- The premises would
seat 25 customers in a high quality fitted space with contained
- The objectors who
attended the 10th of January Sub-Committee were not in
attendance for this hearing. The adjournment was noted to have
incurred costs to the Applicant.
- The Applicant was
unsure for the grounds of the objectors who had stated a fear of
- The operations would
be as a café for the early parts of the day and a
Mediterranean style family restaurant in the late
afternoon/evening, serving a modest stock of alcohol to accompany
- The Applicant
considered their approach to the local community to be wide and
open and was disappointed to have received objections.
- Most of the business
was expected to be from walk-ins and would not be offering online
food ordering and delivery platforms, limiting any potential
nuisance from parking and bikes outside the premises.
- The Applicant would
be at the premises for the duration of daily opening times to
support and manage staff.
- Some of the concerns
raised by objectors were planning issues. The premises were noted
to be smaller than the majority of the
parade of shops and businesses on the street and the Applicant was
keen to work with local residents and liaise with anyone
- The restaurant
was considered to be a good addition for
the local area.
In response to questions from Sub-Committee
Members, the following information was confirmed:
- The Applicant had
previously worked at a restaurant in Wakefield under the same name,
however this new premises was not opening as a chain, it was
supported with their own funding and was using the same name in
order to access wholesalers, in agreement with the restaurant owner
- No objections were
noted from the upstairs flat. The Applicant confirmed they did not
know who lived there but hoped the removal of music from the
license application would further limit any potential disturbance
to these residents.
- It was clarified that
any takeaway alcohol would only be sold in sealed containers to
take home. Any takeaway alcohol would likely be a bottle of wine to
accompany a takeaway meal.
- The hours proposed
for the sale of alcohol from 8:00am was to allow flexibility for
events such as special breakfasts for a birthday, with no
aspirations to sell alcohol at this hour day to day.
- The premises had
previously been a café and it was perceived some objection
was in resistance to change, with the fears not being
- The Applicant and
Legal Representative agreed it would be reasonable to condition not
being able to use online delivery services to the license.
- As the primary use
would be seated customers the concerns for litter were of limited
weight as any takeaways would be in sealed containers, natured for
consumption at home, not immediately outside the premises.
- Parking arrangements
were considered adequate with public provision to the front of the
parade and to the right-hand side of the premises, not in a
residential area. The expectation for locals to walk to the
premises was also outlined.
- Management control
would be taken seriously, with staff ensuring customers leave
quietly in the later hours of operation and was not a restaurant
where people would be getting drunk.
- In response to
potential safeguarding issues with the proposed hours for sale of
alcohol and a school being within the vicinity of the area, it was
expected that coffee and breakfast will be served in the morning,
the bar is at the back of the premises, staff would enforce a
challenge 25 policy and alcohol would be fairly expensive compared
to local shops.
- Customers would be
able to order just drinks but, there is no external bar and they
would have to be seated at a table. No terrace area was proposed to
the front for eating or drinking.
- No photographs of the
internal fit out were contained in the report, there was photos
available from the report in January, when the hearing was
adjourned. The photographs showed a small restaurant and no
external area suitable for dining.
- The fire exit from
the premises is to the front and the proposed conditions for bins
and waste were deemed acceptable.
The proposed draft conditions to promote the
licensing objectives, contained in the application form, beginning
on page 35 of the report, contained grammatical errors and
Sub-Committee Members deemed it appropriate to amend these into
enforceable conditions. In particular, the below two proposals:
The premises will maintain a MINIMUM of
25 covers at all times.
Drinks IN open bottles and glasses will not be taken
FROM the premises at any time.
RESOLVED – To grant the
application as applied for, subject to clarification of the
licensing objective conditions by the Entertainment Licensing