To consider any items which the Chair has agreed to have submitted as urgent.

The Hearing Panel agreed to take this item as Urgent Business:

New Premises Licence - Ronya's Convenience Store, 106 Waterloo Road, M8 8AF - determination

The report of the Director of Planning, Building Control and Licensing is enclosed

Consideration was given to a report of the Director of Planning, Building Control and Licensing regarding an application for a New Premises Licence.

The application was before the Hearing Panel after having been adjourned in February 2020 due to the applicant’s representative being unavailable for the hearing. Councillor Jeavons had sat on the previous Panel and, as Chair of this Hearing Panel, gave a brief summary of the previous hearing and reasons for adjournment before commencing the hearing.

The Hearing Panel heard from the applicant’s representative as to the proposed operations and running of the premises. It was explained that the application was for Red’s Takeaway & Dark Kitchen to be a small seated restaurant (15-25 capacity) plus outside patio/smoking area, serving food and alcohol (alcohol served with food only), a walk-in takeout service for food and alcohol (alcohol served with food only) and also a home delivery service of food and alcohol (alcohol served with food only) via recognised and registered delivery companies. The Dark Kitchen would service the delivery aspect of the business until 05:00. A new summary of conditions was circulated which confirmed that the applicant had brought the proposed closing time forward from 05:00 to 02:00. It was put forward by the representative that this was a premium food product with the Red’s True Barbecue brand having been placed high in the ranking in a World Barbecue Competition, held in Texas in 2019 and, as such, it was felt that the premises would have a positive impact on the area. The representative went on to explain that the applicant was aware that the application was being made for a Licensed Premises within a Cumulative Impact Policy (CIP) zone and stated that the applicant currently operated another premises within a CIP zone in Leeds.

The Hearing Panel then gave consideration to objections from a Local Ward Councillor and Residents Groups. Their contributions were on the grounds that they did not wish for any further licensed premises operating within the CIP zone. It was detailed in these objections that a CIP had been imposed on the Fallowfield/Withington area due to the amount of late night disturbances arising from intoxicated patrons of various nearby licensed premises, litter, anti-social behaviour and crime and safety issues.

GMP stated their objection to the 02:00 closing time, stating that a closing time of 00:00 midnight would be encouraged.

LOOH stated their objections on the basis that the reduction in opening hours from 05:00 to 02:00 was not enough to satisfy their concerns around the impact the premises would have on local residents within the CIP zone.

In their closing summary the applicant offered the withdrawal of alcohol sales in a bid to prove to any objectors that they were a food-led business. The applicant’s representative concluded by asking the Hearing Panel to consider that the CIP could also have a negative impact on the area with derelict premises, unable to trade at later hours, reasoning that the premises Red’s were looking to trade from  ...  view the full minutes text for item 25.

The report of the Director of Planning, Building Control and Licensing is enclosed

The Hearing Panel noted that the application was agreed by all parties prior to the meeting and was therefore treated as a determination.

In reaching its decision the Panel also considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under Section 182 of that Act and the licensing objectives.

Decision

To grant the application for a new premises licence.

The report of the Director of Planning, Building Control & Licensing is enclosed

Consideration was given to a report of the Director of Planning, Building Control and Licensing regarding an application for a New Premises Licence.

The Hearing Panel gave regard to LOOH having submitted a number of receipts from the premises that proved they had traded beyond their licensed closing time. When the applicant was questioned about this, they stated that they were new to the business and thought they had been told by the previous business owner that they license to trade at this hour. LOOH then stated that there was a subsequent interview, informing the applicant that they needed to cease trading at 00:00 midnight, followed by another test purchase from a LOOH officer beyond the midnight hour and, again, the LOOH officer was served.

Both GMP and LOOH stated they had little faith in the applicant possessing the knowledge to trade effectively and in line with the Licensing Objectives.

The applicant confirmed that they were not fluent in English and would have some difficulty in learning the Licensing Objectives. At this point the Hearing Panel gave the applicant the option to adjourn and return with an interpreter. The applicant understood the question and requested to continue.

The Hearing Panel questioned whether the applicant had operated this way on purpose or whether it was due to an honest lack of understanding. LOOH confirmed that the applicant had had more than one warning and felt that this demonstrated them having no effective knowledge of the Licensing Objectives.

In their deliberations the Hearing Panel felt that the applicant was unable to run the business effectively and in line with the Licensing Objectives.

Decision

To refuse to grant the licence.

The report of the Director of Planning, Building Control and Licensing is enclosed.

The Hearing Panel noted that the application was agreed by all parties prior to the meeting and was therefore treated as a determination.

In reaching its decision the Panel also considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under Section 182 of that Act and the licensing objectives.

Decision

To grant the application for a new premises licence.

The report of the Director of Planning, Building Control & Licensing is enclosed

Agreement has been reached between the applicant and all parties that submitted relevant representations.

The Sub Committee is asked to grant the application subject to the modifications agreed between the parties without the need for a hearing.

If the Sub Committee is not minded to grant the application as above, it is requested to adjourn the matter for a full hearing to be held to determine the application.

The Hearing Panel noted that the application was agreed by all parties prior to the meeting and was therefore treated as a determination.

In reaching its decision the Panel also considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under Section 182 of that Act and the licensing objectives.

Decision

To grant the application for a new premises licence.

The Hearing Panel noted that the application was agreed by all parties prior to the meeting and was therefore treated as a determination.

In reaching its decision the Panel also considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made there under and the Guidance issued by the Secretary of State under Section 182 of that Act and the licensing objectives.

Decision

To grant the application for a new premises licence.