Kirklees Council refuses to grant licence to Dewsbury dessert shop due to noise concerns

On Tuesday, March 17, the council’s licensing panel met to decide an application made by Velora Desserts at 717 Huddersfield Road, Dewsbury.

The applicant had hoped for a licence to provide late-night refreshments between the hours of 7pm and 2am the following day, Monday to Thursday, and from 7pm until 3am the following day on Friday to Sunday.

The meeting heard that there was a “significant discrepancy” between the licensing hours that had been applied for and the premises’ opening hours which had been determined through an earlier planning application and cut off at 8pm. Even if the licence had been granted as requested, the earlier closing time would have had to be observed.

Prior to the meeting, an objection had been raised by Environmental Health, which feared the proposal would result in public nuisance.

Environmental Health Officer, Alexandra Garry, told the meeting: “In my opinion, the leaving and arrival of customers to the premises, after 11 o’clock in particular, would cause excessive noise and disturbance to nearby residents. This would detrimentally affect the use and enjoyment of their homes and cause a public nuisance.”

While the applicant was not in attendance, their supporting document said on the matter of preventing public nuisance: “The premises will operate as a takeaway and delivery-only business, minimising noise and disturbance.

“Customers will be encouraged to leave the area quietly. Deliveries and collections will be managed to avoid congestion, and waste will be stored and disposed of responsibly to prevent litter or odours.”

Chair of the meeting, Coun Eric Firth (Dewsbury East, Labour) said: “The panel has decided the application be refused.

“The panel acknowledged the concerns raised by Environmental Health which stated that the proximity of residential properties situated adjacent to the premises and customers arriving, leaving and congregating together with delivery vehicles, activity would create unreasonable disturbance. The proposed hours are the most sensitive time for noise disturbances.

“The panel has concluded that there are no conditions that would mitigate the noise outside of the premises and the circumstances of granting the licence would undermine the public nuisance objective.

“The Environmental Health evidence was persuasive and unchallenged.”