Agenda item

The report of the Chief Officer Elections and Regulatory advises Members of an application for the grant of a premises licence, made by Bombay to Goa Limited, for Bombay 2 Goa, 16A Headingley Lane, Headingley, Leeds, LS6 2AS.

The Chief Officer Elections and Regulatory submitted a report for Members consideration of an application to grant a premises licence made by Bombay to Goa Limited, for Bombay 2 Goa, 16A Headingley Lane, Headingley, Leeds, LS6 2AS.

Attending the meeting were:

• Sandeep Manhas – Applicant and Proposed Designated Premises Supervisor
• Mrs. Sue Buckle – Public Objector and Community Representative
• Peter Mudge – LCC, Localities Improvement Manager, Stronger, Safer Communities

The Legal officer explained the procedure for the hearing. As there were only two Members on the Sub-Committee, all parties agreed to proceed with the hearing on this basis.

The Licensing Officer presented the application informing the Members of the following points:

• The application was for the grant of a premises licence, made by Bombay to Goa Limited, for Bombay 2 Goa, 16A Headingley Lane, Headingley, Leeds, LS6 2AS.
• The premises operated as a bar and restaurant, proposing the sale by retail of alcohol, late night refreshment and recorded music. This was the first licence application made by the business.
• Responsible authorities and Ward Members had been notified of this application and representations had been received from WYP, Environmental Health and twelve other persons. Agreements had been reached with WYP and Environmental Health and the operating schedule amended accordingly. Four objection comments had been withdrawn so eight objections remained an outstanding matter for the Sub-Committee’s consideration.
• Following the agreement to amend the proposed operating schedule the application was for the sale by retail of alcohol (for consumption on the premises) Every day 11:00 until midnight, late night refreshment every day 23:00 until midnight, performance of recorded music every day 11:00 until midnight and the hours the premises were open to the public, every day 11:00 until midnight.
• A copy of the application form was available at appendix A, a map of the locality at appendix B, the agreement with WYP at appendix C, agreement with Environmental Health at appendix D, objection comments at appendix E and a list of local licenced premises at appendix F.

The applicant provided the Sub-Committee with the following information:

• The applicant was to be the store manager of the premises.
• The premises and the one next door had previously been LS6 Café which had closed a year previously. The arrangements were now to split the premises as a South Indian costal restaurant, Bombay 2 Goa, and an Italian restaurant.
• The application had been made after the closure of multiple premises in the locality, opening the opportunity for new premises to serve the community.
• The hours applied for had been reduced and it was thought some of the objections were grounded on a misinterpretation that the premises was to act as a nightclub or bar and not a sit-down restaurant, given the late hours originally applied for.
• An Officer from the Environmental Protection Team had visited the premises and they had discussed that the sale of alcohol will be for indoor customers only and was not to be sent out for delivery, as well as mitigating disturbance to local residents.
• The proposed operating schedule had been informed by, and in liaison with the Licensing Authority.
• The restaurant had 50 covers and the 1^st floor was approximately 700ft².
• The previous business at the premises, LS6 Café, had held an alcohol licence.
• The customers the restaurant will attract were noted to be local workers and families, and not students. It was an a la carte style restaurant and was not a drinking establishment, drinkers were to be ordered to supplement meals.
• The objection comments had been read and were perceived to be more in objection to the concentration of students and the Otley Run.
• The applicant was ready to assist the local community and did not seek to attract trouble or public nuisance, with necessary objectives and systems in place. The opening hours of 11:00 to 12:00 midnight was thought to be reasonable.
• The restaurant will not impact residents negatively and operations will safeguard their interests.

The objectors addressed the Sub-Committee providing the Members with the following information:

Public Objector and Community Representative

• LS6 Café had previously been the Clock Café, with previous owners having a long history and had been supportive of the community, including the sponsorship of Unity Day, an annual local community event.
• There was a hope that the new owners will engage with Unity Day and looked forward to them working with the community.
• The initial concern was the original hours applied for, which was until 3:30am, and the impact it would have on local residents. It was noted that Hyde Park was a mixed demographic area, with students and older people and whilst each community was generally respectful towards each other, student parties had disturbed residents and effected their sleep, work and childcare.
• A minority of students had created noise and disturbance, with the Universities and the Anti-Social Behaviour team assisting with mitigation and management, however, it had caused some residents to move out of the area.
• Disturbance by students was comprised of being loud when returning from nights out, broken glass and litter, urination in gardens and trespassing. These issues were often difficult to address.
• An increase in the number of premises serving alcohol, particularly at late evenings and nights, were likely to increase anti-social behaviour in the area.
• The reduction in the hours applied for were appreciated but were still until midnight, which can impact upon resident’s sleep.
• Although the restaurant wasn’t aimed at students, it will still attract them, leading to potential issues arising.
• The main concerns were the late exit time, residents possessing little power to address issues of disturbance and public nuisance, impact of frequent delivery drivers, debris from takeaways and the potential for it not to be biodegradable.
• The premises was noted to be inside the Headingley/Hyde Park Cumulative Impact Area (CIA).

Localities Improvement Manager, Stronger, Safer Communities

• It was good to hear the applicant was wiling to work with the community.
• The Otley Run, post Covid-19 pandemic, had become a huge drinking event, attracting people across the UK and involving lots of heavy drinking.
• While the Otley Run particularly effected Headingely, it was becoming an increased concern for Hyde Park residents.
• The new premises had the potential to attract students and heavy drinking. It was hoped they will hold a policy to not allow people taking part in the Otley Run to enter the premises, as many comparable pubs, bars and restaurants also had.
• It was requested that the premises employ door staff for Saturday afternoons and evenings, when the disturbance and nuisance caused by the Otley Run peaked.

Responding to questions from Members the Sub-Committee were informed of the following by the applicant:

• It was confirmed that the restaurant will not use plastic or polystyrene trays for food that was to be sold as a takeaway or delivered to people’s homes.
• As the opening times were until midnight and the licensed hours applied for were also midnight, Members noted this will not leave sufficient drinking up time. The applicant agreed it was appropriate to amend the licence time to 23:30 to accommodate this and Members outlined TENs can be applied for special events if later times were required for specific events.
• The applicant confirmed there will be no outside drinking space or any allowances for drinks to be taken outside.
• The applicant was willing to work with the community and engage with events such as Unity Day.
• The applicant was mindful that the provision of security staff may significantly increase operation costs but was willing to employ security if problems arise. The Legal Officer noted provision of security may be difficult on short notice terms and also that door staff may be off putting to restaurant customers. 
• The applicant proposed to close the restaurant at peak times on Saturday’s, the busiest day for the Otley Run.
• Members noted other Indian restaurants in the locality did not attract heavy drinkers on the Otley Run and neither did the two previous businesses at the premises, who also manged without door staff. This business model posed less of a risk than bars or pubs.
• The restaurant will take bookings and will know the scope of customers and business that will occur in advance. Members proposed to condition that customers will only be served alcohol when they had ordered food or in the bar area when they were waiting for a table.

Responding to questions from Members the following information was provided by the objectors:

• The LS6 Café was noted to have had 120 covers.
• The demographic of Otley Run participants had changed and wasn’t exclusive to students as had previously been the case, with events such as stag dos occurring.
• Provided mitigation was in place to not allow Otley Run participants in the premises, the application could be acceptable.
• The takeaway element raised concerns in regard to litter.

RESOLVED – To grant the application, subject to the alteration of the hours permitted for the sale of alcohol and to the addition of a “restaurant condition” (see below).  The hours would be:

The Sale by Retail of Alcohol (for consumption on the premises)

Every day 11:00 until 23:30

Late Night Refreshment

Every day 23:00 until midnight

Performance of Recorded Music

Every day 11:00 until midnight

Hours the premises are open to the public

Every day 11:00 until midnight

The Committee added the following condition:

The sale/supply of alcohol shall only be made to accompany the sale of food. This does not preclude the sale/supply of alcohol to a person waiting to be seated in the restaurant or at the conclusion of the meal.