Bid to open chai cafe on Little Horton Lane until 2am is refused

A CHAI tea cafe’s bid to open until 2am has been turned down by a licensing panel after an Environmental Health officer claimed the business has “no regard for planning and licensing laws.”

Members of the panel had heard that there had been complaints about late night noise from Chaii Wali, on Little Horton Lane.

The Chai tea cafe opened in a kiosk in the car park of Aunt Betty’s fish and chip shop in Summer 2019.

The kiosk has since been removed, and the business now operates in the chip shop unit. Owner Naveed Aslam had applied to Bradford Council to extend the opening hours of the business so its closing time would change from 11pm to 2pm.

The application went before the Bradford District Licensing Panel yesterday after objections were raised from the authority’s Environmental Health officers and a local Councillor.

At the meeting Mr Aslam said the business had opened later on occasion after obtaining a number of temporary licences. He told members that the business was popular late at night with police on shift work and staff from nearby St Luke’s Hospital.

He said since the tea hut has been removed there was no longer any issue with parking or noise nuisance, and that the only objection was from someone he described as a “nagging neighbour.”

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The panel heard that a separate planning application had been submitted to extend the opening hours of the business until 1am.

When asked why the planning application was for 1am and the licensing application was for 2am, Mr Aslam said the aim was to close at 1am, but that staff would be on site for an hour after to clear up.

Jo Steel, representing Mr Aslam, said: “The country has suffered terribly under the pandemic, and continues to do so, but this business has managed to keep trading without any financial support.

“The main custom after 11pm is front line staff who work at St Luke’s, such as ambulance drivers, and police, who use the business to take their breaks.”

He said a noise report included with the planning application found the later opening hours would not cause any noise nuisance issues.

And the removal of the cabin had created more parking space.

When asked if there had been any problems with noise at the site, Mr Aslam said “There were a few kids lighting fires behind the site. We’re near a Council estate in a rough area – there were kids lighting fires and smashing things.”

Environmental Health Officer Jeanette Howarth spoke of the lengthy history between the business and the Council.

She said originally the tea shack had been opened without planning permission – leading to an enforcement notice being issued.

There were complaints about the business opening late, customers causing parking issues on the street, revving of engines, loud music and the burning of commercial waste.

After Bradford Council refused a retrospective application, Mr Aslam appealed, and a Government inspector overturned Bradford Council’s decision. One condition of this appeal decision was that the business had to shut at 8pm.

The building the cafe currently operates out of only has permission to open until 11pm.

She said although the application refers to a customer car park to the rear of the building, she understands that this land is owned by Northern Powergrid – and that the applicant can only use it to access his business – not for customer parking.

Mr Aslam had been given a community protection notice ordering him to stop customers from parking on the car park in question.

Mrs Howarth said that on one occasion when Mr Aslam was spoken to by Environmental Health officers, he referred to a complainant as “crying like a bitch” and said they should “move away if they didn’t like the noise.”

She also said a complainant had recently provided Environmental Health officers with recordings of the site, where engines can be heard revving and music being played from cars.

She told the panel: “It is clear he has no regards for planning and licensing laws and has done nothing to control noise from the premises, as we continue to receive complaints.”

Mr Aslam disputed the claim that Northern Powergrid owned the site used for parking – saying he had deeds showing the land belonged to his sister.

He has also denied that he made the comments read out by Environmental Health officers at the meeting.

Referring to the complaints he said: “Someone has something against me – I feel like I am being harassed. People are taking photos of me and making allegations against me.

“Environmental Health area against me. She (a person who complained about the noise) has been putting things in officers’ heads, making me out to be a monster.

“We’re working with the community to make the best environment. We have nurses and doctors coming here. We have police coming to get tea here and complaining that we have to shut so early.”

The panel voted to refuse the 2am licence.

A decision has yet to be made on the planning application to extend opening hours to 1am.