Agenda, decisions and minutes

Bradford District Licensing Panel - Wednesday, 2nd February, 2022 10.00 am

Venue: Committee Room 1 - City Hall, Bradford. View directions

Contact: Jill Bell/Jane Lythgow/Farzana Mughal  Email: farzana.mughal@bradford.gov.uk

Items
No. Item

8.

DISCLOSURES OF INTEREST

(Members Code of Conduct - Part 4A of the Constitution)

 

To receive disclosures of interests from members and co-opted members on matters to be considered at the meeting. The disclosure must include the nature of the interest.

 

An interest must also be disclosed in the meeting when it becomes apparent to the member during the meeting.

 

Notes:

 

(1)       Members may remain in the meeting and take part fully in discussion and voting unless the interest is a disclosable pecuniary interest or an interest which the Member feels would call into question their compliance with the wider principles set out in the Code of Conduct.  Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

 

(2)       Members in arrears of Council Tax by more than two months must not vote in decisions on, or which might affect, budget calculations, and must disclose at the meeting that this restriction applies to them.  A failure to comply with these requirements is a criminal offence under section 106 of the Local Government Finance Act 1992. 

 

(3)       Members are also welcome to disclose interests which are not disclosable pecuniary interests but which they consider should be made in the interest of clarity.

 

(4)       Officers must disclose interests in accordance with Council Standing Order 44.

 

Minutes:

No disclosures of interest in matters under consideration were received.

 

9.

INSPECTION OF REPORTS AND BACKGROUND PAPERS

(Access to Information Procedure Rules – Part 3B of the Constitution)

 

Reports and background papers for agenda items may be inspected by contacting the person shown after each agenda item.  Certain reports and background papers may be restricted. 

 

Any request to remove the restriction on a report or background paper should be made to the relevant Strategic Director or Assistant Director whose name is shown on the front page of the report. 

 

If that request is refused, there is a right of appeal to this meeting. 

 

Please contact the officer shown below in advance of the meeting if you wish to appeal. 

 

(Jane Lythgow - 01274 432270)

 

Minutes:

There were no appeals submitted by the public to review decisions to restrict documents. 

 

10.

APPLICATION FOR A PREMISES LICENCE FOR 47 WILSDEN ROAD, BRADFORD, BD15 9AD pdf icon PDF 190 KB

The Interim Assistant Director Waste, Fleet and Transport Services will

present a report (Document “U”) which outlines an application for a new premises licence for the sale of alcohol for consumption off the premises in respect of 47 Wilsden Road, Bradford, BD15 9AD.

 

Members are invited to consider the information and documents

referred to in (Document “U”) and, after hearing interested parties,

determine the related application.

 

(Melanie McGurk – 01274 431873)

Additional documents:

Decision:

Resolved –

 

That having considered all valid representations made by the parties to the hearing; valid written representations received during the statutory period, the published statement of licensing policy and relevant statutory guidance; the panel grants the application as applied for with the following conditions:

 

  • No licensable activities shall take place at the premises unless or until a CCTV system (with satisfactory internal and external coverage) of a standard acceptable to and to the written satisfaction of West Yorkshire Police and the Licensing Authority has been installed at the premises.  The approved CCTV shall be maintained in good working order and used at all times the premises remain open to the public for licensable activities. Any CCTV footage shall be kept for at least 28 days and be available to the Licensing Authority or a Responsible Authority on request.
  • That an appropriate proof of age policy, incorporating the principles of the “Challenge 25” Campaign be implemented; incorporating measures to ensure that any patron wishing to purchase alcohol who may reasonably appear to be under 25 years of age are asked to prove that they are at least 18 years old by displaying evidence of their identity and age in the form of a valid UK passport, new style driving licence displaying their photograph or PASS identification.

·         All sales of alcohol shall be remotely ordered and pre booked for delivery and there shall be no direct sales or collections by the purchaser from the premises.

·         No collection of alcohol shall be made from the premises before 4pm and after 9pm.

 

Reason – It is considered that the above conditions are necessary to ensure compliance with the Protection of Children from harm and the Public Nuisance objective of the Licensing Act.

 

ACTION: Interim Director, Waste, Fleet and Transport Services

 

Minutes:

The Interim Assistant Director Waste, Fleet and Transport Services presented a report (Document “U”) which outlined an application for a new premises licence for the sale of alcohol for consumption off the premises in respect of 47 Wilsden Road, Bradford, BD15 9AD.

 

The applicant advised the Panel that the application was for the sale of alcohol on line and that no public would be allowed on the premises.  He contended that the objectors misunderstood the nature of the application.  He added that he was a business man providing jobs for the local community.  He referred to the licensing objectives and confirmed that under no circumstances would the public be allowed on the premises to purchase alcohol, CCTV and fire alarms would be operative at all times, sales would be on line and all staff would be over 18 and would have enhanced DBS checks.  He pointed out that there was a public house on the other side of the road to the premises and that to his knowledge none of the licensing objectives had been breached or nuisance caused to neighbouring properties in relation to the operation of that business so he could not foresee his business causing problems in relation to the licensing objectives.

 

In supporting the applicant Janet Arkwright confirmed that the property had 24 hour surveillance and that the applicant lived in close proximity and could respond to any issues very quickly. She referred to the question raised by an objector as to why as estate agent needed a licence and stressed that this was a sole independent business operating on the premises and that anyone accessing the estate agent would not have access to the business selling alcohol.  She confirmed that the premises were in the ownership of the applicant. She reiterated that no public would be allowed on the premises, only workers and delivery drivers.  They would use DPD couriers and the cut off for deliveries would be 6pm.  The hours applied for had been on the advice of a licencing officer to take account of the Christmas period.  She also contended that the residents, who had objected to the application did not understand the nature of the business thinking it was to be a convenience store with off license, where in fact the sale of alcohol would be on line with collection and delivery by courier.  She confirmed that a Challenge 25 policy would be in place, that advice had been taken from Trading Standards and that there would be strict rules regarding couriers checking the age of anyone under the age of 25 ID when delivering to premises.

 

When questioned by the Chair about the opening hours set out in paragraph 2.4 of Document “U” the applicant confirmed that no deliveries would be made after 9pm.

 

In responding to a question from the Char the applicant confirmed that he owned numbers 47 Wilsden Road and 2 West Avenue.

 

In response to  question from the Chair the applicant explained that when questioned  ...  view the full minutes text for item 10.