The Chief Officer
Elections and Regulatory submitted a report for Members
consideration of an application to vary a premises licence made by
Amir Khan for ParmNfrites, 29 Otley Road, Headingley, Leeds, LS6
Attending the meeting were:
- Amir Khan -
- Mohammed Mahmood
– Applicants Associate
- Vanessa Holroyd
– Environmental Protection Team (EPT)
- Ian Barraclough
– Public Objector
The Legal officer explained the procedure for
The Licensing Officer presented the
application informing the Members of the following points:
application was to vary an existing license to add the provision of
late night refreshment for the hours of Sunday – Thursday
23:00 – 0:00 and Friday & Saturday
23:00- 02:00. There was no proposal to alter
the licensed hours for service of alcohol.
- A copy
of the application form was available at appendix B, with section M
detailing how the applicant will promote the licensing
Yorkshire Police (WYP) and EPT had objected as responsible
authorities, with an agreement reached, and objection withdrawn
from WYP. Details of the agreement, which was available at appendix
E, proposed conditions for CCTV, alcohol service and deliveries.
EPT’s objection remained outstanding, with suggested
conditions available at appendix D proposing earlier licensed times
until 0:00 every day.
letters of public objection, including submission by a local
resident’s association, remained outstanding. Details of the
objection comments were available at appendix F and were opposed on
the grounds of public nuisance, crime and disorder and public
premises was within the Headingley Cumulative Impact Area (CIA)
with details of CIA policy available at appendix G, with specifics
for Headingley at page 133 of the report.
- A list
of other licensed premises within the locality were available at
The applicant’ provided the
Sub-Committee with the following information:
- The premises had 30
covers and acted as a hot food eatery and takeaway, and currently
did not stock or serve alcohol, despite holding a license to do
- The application had
been submitted to suite the business model to sell food at later
hours. Two Temporary Event Notices (TEN) had been submitted by the
applicant to run the premises until the hours of 02:00 and 03:00,
with no complaints or issues noted.
- Agreements had been
reached with WYP, with improved CCTV proposed and footage to be
held for 31 days to mitigate risk to public safety and discourage
- With local bars
closing at around 02:00, the proposed 02:00 closing hours for the
premises will encourage people to leave venues earlier in order to
purchase food, contributing to less alcohol consumption, sobering
people up with food and a secure place people can order taxis
- The applicant was
prepared to provide security staff on Fridays and Saturdays until
- The yellow and black
external facades were noted to be soft and calming.
- The applicant will
assist responsible authorities when ever required to.
- Other takeaways were
licensed until 03:00 within the locality and had less covers.
- No music will be
played after 23:00 every day, the extraction fan will be reduced to
75-80% capacity and the rear door will be closed after 0:00 to
mitigate noise and disturbance to nearby residents.
Responding to questions from Members the
Sub-Committee were informed of the following by the applicant:
- I am Doner, a local
takeaway was noted to be licensed for hot food until 03:00 on
Fridays and Saturdays.
- The application was
just for sale of food until 02:00 Friday and Saturday and 0:00 on
- No sale or stock of
alcohol was proposed, the business had taken over the premises 4
months prior to the hearing, with the previous business stocking
- The toilet inside the
premises would be available to customers until closing time.
- CCTV from the nights
the TENs were permitted could be provided to Members as proof of a
well managed business and limited noise.
- People will be able
to wait for taxis after purchasing food at the premises.
- Outlining how
approval will not impact the CIA, it was noted that, nearby bars
were licensed until 02:00 and this application was for the same
time, encouraging people to leave early to purchase food, trade at
later hours will mainly comprise of seated consumption of food,
with other takeaways not holding a large volume of covers and thus
taking more people off the streets, toilet provision will assist
with public urination issues and for the 26 days that the TENs had
been held, there had been no complaints.
- It was estimated that
80% of customers had consumed their food at the premises after
23:00 during the TENs.
- The applicant was
accepting of the proposed additional condition suggested by Members
to only allow on site food consumption and deliveries after
- It was confirmed that
the applicant was content to provide security from 23:00 to 02:00
on Fridays and Saturdays.
- The most recent TEN
had expired a week before the hearing, which had been incredibly
busy given it was the first week back for students at Universities
- The applicant
outlined they may be prepared to remove alcohol from their license
and noted they will not stock or sell alcohol but would prefer to
keep it on the license for the premises if it was resold in the
- If there was ever a
change to the business model and the premises was to start trading
alcohol the applicant will notify the Council.
The objectors addressed the Sub-Committee
providing the Members with the following information:
- The Officer held 28
years of experience and was well versed in noise and nuisance
complaints, noting, that nearby residents will suffer if this
application was granted.
- The area was a bottle
neck for people drinking on the Otley run, which begins at
Woody’s Ale House, with multiple premises people will drink
at before arriving to the area where the premises was.
- The area experienced
high levels of intoxicated people, particularly on Saturdays and
Sundays, creating nuisance for local residents, such as urination
in gardens and disturbance late at night.
- The extra hours for
sale of hot food will keep people in the area late at night instead
of them going home.
- Some mitigation
measures had been offered by the applicant but there was a flat
above the premises where there was potential for the residents to
suffer with the extension of trading hours.
- As the premises had
30 covers, the door staff may assist with outdoor disturbance but
noise of lots of intoxicated people indoor will create disturbance
for the upstairs flat.
- The reduction of the
level of the extraction fan will still be noisy and may be needed
on full to eliminate smells, and the trade of food late at night
will still create noise.
- EPT had suggested an
earlier closing time of 0:00 every day to limit disturbance to
They had been a resident in the area for over 40 years and the area
had changed dramatically over that time. Headingley used to be
comprised of significant businesses and was now an area which
mainly seemed to cater for students and people drinking on the
The pandemic had caused a rise in the use of external seating area
to encourage social distancing but had now become permanent
features for most bars and pubs.
The Otley run can be up to 2000
participants on a Saturday and around 1000 on a Sunday, with pubs
marking drink prices up to their own benefit with the large numbers
of people participating.
Food and drink outlets had overtaken
the area as the leading business model, affecting people’s
enjoyment of the high street.
The CIA was in place to address crime and disorder and the
applicant had not displayed enough mitigation to show their
business won’t contribute to further issues.
The pavement along the A6120 road that
passes through Headingley was outlined to be narrow, posing danger
to the public with large crowds walking through, as well as there
being no provision of toilet facilities.
Pubs in the area had increased their
outdoor covers with the Original Oak holding 1000 outdoor seats yet
providing no extra toilets.
The evacuation procedure in cases of
danger was not clear for the masses of people.
The late night takeaway deliveries will increase disturbance from
delivery vehicles, with 30% of trade from local restaurants and
takeaways being via delivery at later hours.
Responding to questions from Members the
following information was provided by the objectors:
- The 30 covers and the
intention not to sell alcohol may assist with limiting the amount
of people intoxicated in the streets at late hours but the extended
hours were still expected to contribute to disturbance to nearby
residents, particularly for the upstairs flat.
- There was already a
number of options for food outlets late at night in the
- A suggestion was made
for the applicant to revoke the sale of alcohol from the license
- In response to a
question regarding not allowing takeaways at certain times, and
only permitted deliveries and indoor food consumption, it was noted
this may alleviate some disturbance but will still attract people
late at night and lead to disturbance as people will have to leave
the premises once closed.
- Pubs and bars in the
area had staggered closing times to limit congregating so having
the takeaway shut at the same time as popular bars will lead to
- No complaints had
been received to EPT by the current occupant of the upstairs flat,
but the later hours may impact them further and disturbance may
also be experienced by future occupants.
- The CIA was proof
that there was sufficient provision for drinking establishments and
late night takeaways in the area. The Legal Officer advised it was
the applicant’s burden to justify that approval of the
application will not impact the CIA.
- The Highways
department had recently objected to a planning proposal from
McDonalds at 4 Otley Road, which had subsequently been refused on
the grounds of traffic and associated risks to the public. Highways
will likely also have concerns for drivers coming and going for
deliveries at this premises.
- Door staff may help
mitigate issues outside the premises but footfall in the area was
significant and may incur high costs to the applicant. Any
condition for door staff will need to be worded correctly to ensure
In summing up the applicant outlined the
- The TENs showed the
business can operate successfully, with no contribution to public
nuisance, given that there had been no issues or complaints.
- The dine in option
will assist with reducing nuisance given the 30 covers that will
take intoxicated people off the streets.
- Food will be provided
in trays where people can eat inside and sober up before making
their way home.
RESOLVED – To grant the
application as applied for, subject to the agreed conditions with
West Yorkshire Police and the following additional conditions
agreed by Sub-Committee Members:
- Door staff will be
provided for the hours of 23:00 to 02:00 on Fridays and
- After 23:00 every
day, food will only be served for consumption on the premises and
via home delivery.