Agenda and minutes

RESOLVED – Councillor Wilson was elected Chair for the meeting

To identify any applications as late items of business which have been admitted to the agenda for consideration

 (the special circumstances shall be identified in the minutes)

No formal late items of business were added to the agenda for the meeting. Members did however receive the following supplementary information:

-  Item 6 Headingley Carnegie Cricket Ground – documents submitted by the applicant included a Skeleton Argument presented by the barrister just prior to the hearing, Venue Feasibility Study undertaken by Clifton Noise, a petition containing approximately 90 signatures; 15 letters of support  and a statement from Mr A Fraser, Crowd Safety Consultant

-  Item 8 The Ings Hotel – photographs of the premises and a letter from Mr S Andrew MP were submitted by the applicant just prior to the hearing

All of the documents were submitted in evidence with the agreement of all parties present

Members are reminded to declare any interests at the start of the hearing on each application for the purpose of Section 81 (3) of the Local Government Act 2000 and paragraphs 8 to 12 of the Members Code of conduct

There were no declarations of interest

To consider the report of the Head of Licensing and Registration on an application seeking to vary the existing premise licence held at the Headingley Carnegie Cricket Ground, Headingley LS6

(Report attached)

The Sub Committee, having regard to the Licensing Act 2003, the Section 182 Guidance and the Authority’s own Statement of Licensing Policy, considered an application to vary the premises licence held at the Headingley Carnegie Cricket Ground, St Michaels Lane, Headingley.

Representations had been received from LCC Environment Protection Team (LCC EPT) and LCC Department of Development, local residents and the local ward Councillor. Members and all parties were in receipt of supplementary documents submitted by the applicant. The following were present at the hearing:

The Sub Committee heard from Mr Bashir and Mr Hogg who explained that extending the hours of operation to 23:00 hours and amending/removing relevant conditions would permit the venue to hold concerts. Mr Nash outlined measures proposed to manage noise generated by events and referred to the Noise Council’s Code of Practice on Environmental Noise Control at Concerts (1995).He explained the applicants view that the venue should be classified within the category of “urban stadia or arena” with a recommended noise limit not exceeding 75 dBA. The venue was currently classified as “other urban and rural venue” which set a 65 dBA noise limit. Mr Fraser then addressed the Sub Committee with regards to the management of crowds and impact on public nuisance. During discussions Members heard :

-  2 events proposed per year most likely to be held during the summer months with 25,000 attendees anticipated

-  75dBA would be employed during performances by main acts. Most main acts commenced at 21:00 hours and finished at 22:30.

-  the earlier start time would allow daytime concerts at weekends

-  no concerts had been held during 2011 due to the restricted hours and noise limit

-  acknowledged that the existing planning permission for the ground would have to be amended to facilitate the crowd size and use

The Sub Committee then heard from Mr B Kenny LCC EPT who stated concert events in this ground would cause disturbance to local residents and referred to the current Premises Licence which had been granted in January 2011 when the noise conditions had been set. He stated the venue had been correctly categorised as “other urban and rural venue” at that time as the venue did not lie within a city centre location. Mr Kenny also considered the likely noise and disturbance caused by the volume of patrons attending and leaving concerts in the early evening and late at night and through the setting up and dismantling of the equipment necessary to stage a concert

Mr C Sanderson, LCC Development then addressed the Sub Committee setting out  ...  view the full minutes text for item 174.

To consider the report of the Head of Licensing and Registration on an application for the grant of a premise licence in respect of Ings Hotel, Guiseley

(Report attached)

The Sub Committee, having regard to the Licensing Act 2003, the Section 182 Guidance and the Authority’s own Statement of Licensing Policy, considered an application for the grant of a premises licence for Ings Hotel, Guiseley. The premises currently benefited from a premises licence, but sought to include a marquee and additional activities within the area covered by the premises licence.

Representations had been received from LCC Environmental Protection Team (LCC EPT). The following were present at the hearing:

The Sub Committee heard from Mr Coen regarding the current style of operation of the Ings Hotel and the intention to include a marquee in order to provide an additional function facility. Licensable activities in the marquee would cease at 22:00 hours but would continue within the hotel building until 23:00 hours. The marquee would provide background music but was not big enough to accommodate a live band. Mr Coen outlined the measures already in place to address the licensing objectives and addressed the matter of the complaint referred to in the licensing officers report.

Mr Coen stated that, following discussions with LCC EPT, the applicant now offered to restrict the number of events held in the marquee where regulated entertainment was provided to 12 per year. He therefore suggested that proposed measure No 2 “Noise from a licensable activity at the premises will not be audible at the nearest noise sensitive premises which are Ings Lane and Ings Avenue” was not now appropriate. In discussions, the following was confirmed:

-  The marquee was 10m x 4m temporary structure with a capacity of approximately 40 persons

-  The hotel kitchen would not provide food for the functions held in the marquee. The event organiser would have to supply food so there would be no additional plant/machinery required for the marquee

-  An external speaker was located within the smoking shelter

Members discussed the 8 measures proposed by LCC EPT with the applicants and canvassed their view on whether these were appropriate.

The Sub Committee then heard from Mrs R Teale, LCC EPT, who highlighted the good working relationship between the department and this premises licence holder. The department felt that the marquee would be a well managed addition to the premises and that the measures would be adhered to. Mrs Teale set out the reasoning behind each proposed measure which were intended to ensure the continuing good management of the premises, should another DPS take over.

After discussions between the parties on the LCC EPT measures and noting those which were now agreed or amended, the Sub Committee carefully considered the representations made by the applicant and LCC EPT.

Members noted the applicant offered to amend the application to provide no more than  ...  view the full minutes text for item 175.

To consider the report of the Head of Licensing and registration on an application for the grant of a Premises Licence for Beat Bar, 66 Merrion Street, Leeds LS2. The premises are located within an area covered by the Cumulative Impact Policy Area 1.

(Report attached)

The Sub Committee, having regard to the Licensing Act 2003, the Section 182 Guidance and the Authority’s own Statement of Licensing Policy, considered an application for the grant of a new premises licence for premises to be known as Beat Bar, 66 Merrion Street, Leeds LS2. The premises were located within Cumulative Impact Area 1 and had previously operated as a nightclub.

Measures proposed by LCC Health & Safety Team to address the public safety licensing objective had been agreed by the applicant and LCC H&S had withdrawn the representation on the understanding the measures would be included as conditions on the premises licence should this application be granted. Representations had also been submitted by LCC Environmental Protection Team (LCC EPT) and West Yorkshire Police (WYP). The following were present at the hearing:

Mr G Rathore described the intended style of operation of the premises as a daytime venue for dance/music classes and nightclub during the evening/early morning. Mr Rathore outlined his licensing and project management experience; the reasoning behind the request for a 24 hour premises licence and addressed the measures proposed by LCC EPT. He explained the premises lay within the basement areas of the Merrion Centre and had operated prior to the introduction of the CIP without complaint. He explained that staff would usher patrons to the taxi ranks on Briggate to discourage people from congregating and reduce noise impact on residents of the adjacent hotel. Mr G Rathore added that the premises were not within the main hotspots for crime and disorder in the city centre and that 4 licensed premises in the immediate locality had closed during the last 18 months and therefore suggested that the opening of Beat Bar would not add to the cumulative impact of licensed premises in the area.

Discussions followed on the number of other licensed premises open during the early morning in the city centre noting that there were no other similar premises licensed for 24 hours.

The Sub Committee then heard from WYP. Mr B Patterson acknowledged that other premises were licensed to open until 06:00 or 08:00 hours but that most of these did not operate until the time permitted by their licence and certainly not every day. PC C Arkle commented that the mix of nightclub, functions venue and dance class venue presented a confused proposition and she was concerned that the different uses would conflict with each other. PC Arkle suggested that the measures proposed by the applicant to address the four licensing objectives were inadequate for a city centre premises. She was also concerned Mr G Rathore had no experience of managing a city centre premises and this was evidenced by the suggestion that his staff would usher patrons to use the Briggate taxi ranks  ...  view the full minutes text for item 176.

To consider the report of the Head of Licensing and Registration on an application to vary an existing premise licence held at the Star Chef Take Away, North Lane, Headingley LS6. The premise lies within an area covered by a Cumulative Impact Policy

(Report attached)

The Sub Committee, having regard to the Licensing Act 2003, the Section 182 Guidance and the Authority’s own Statement of Licensing Policy, considered an application to vary a premises licence held by Star Chef Takeaway, 15b North Lane, Headingley. It was noted that the premises were located within Cumulative Impact Area 2 (Headingley & Hyde Park)

The applicant did not attend the hearing. The Sub Committee resolved to consider the written application and to proceed in the absence of the applicant. Representations had been received from responsible authorities. The following attended the hearing:

Mr B Kenny - LCC Environmental Protection Team (LCC EPT)

Mr C Sanderson - LCC Department of Development

Mr B Patterson - West Yorkshire Police (WYP).

The Sub Committee heard from Mr Kenny regarding the close proximity of the premises to residents, the likelihood of noise and disturbance being caused later into the night/early morning by attracting patrons who would otherwise not be in the locality and the likelihood of setting a precedent in terms of opening hours for premises in this area

Mr Patterson then addressed the Sub Committee regarding the CIP Area 2 policy which was revised to include hot food takeaways in 2007 specifically to address the impact of the cumulative effect of such premises in the area

Mr Sanderson addressed concerns of public nuisance likely to be caused by the congregation of patrons outside the premises, proximity to residents homes and the CIP

Members carefully considered the application as submitted and the representations made by the responsible authorities. Members shared the concerns expressed by the responsible authorities and noted that the applicant could not demonstrate that this application would not have a detrimental impact of the cumulative impact of licensed premises in the Headingley /Hyde Park area

RESOLVED – To refuse the application

To consider the report of the Head of Licensing and Registration on an application for the grant of a premises licence for Listce Bar/Nightclub at 8 Church Walk, Leeds LS2. The premises lie within an area covered by a Cumulative Impact Policy

(Report attached)

This application was withdrawn in its entirety by the applicant prior to the meeting.