Agenda and minutes

  Councillor Downes was elected Chair of 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)

  Although there were no formal late items, the Sub-Committee were in receipt of the following additional information which had been made available in advance of the meeting:

  Further written information from the applicant; LCC Environmental Protection Team (EPT) and a local resident (minute 101 refers)

To disclose or draw attention to any disclosable pecuniary interests for the purposes of Section 31 of the Localism Act 2011 and paragraphs 13 -18 of the Members’ Code of Conduct.  Also to declare any other significant interests which the Member wishes to declare in the public interest, in accordance with paragraphs 19 -20 of the Members’ Code of Conduct.

  No disclosable pecuniary interests or other interests were declared

To consider the report of the Head of Licensing and Registration on an application for the grant of a Premises Licence relating to land within the grounds of, and adjacent to, the Village Hotel, Capitol Boulevard, Tingley, required in order for functions to be held within a marquee

  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 De Vere Village Trading, Village Hotel South Leeds, Capitol Boulevard, Tingley LS27

  Representations had been received from LCC EPT, although Members were informed that these had been withdrawn following agreement by the applicant to a condition of inaudibility.  Representations had also been received from local residents.  As no residents were in attendance, the Sub-Committee agreed to deal with the issues raised by residents on the basis of their written representations

  Present at the hearing were:

  Mr Williams – applicant’s solicitor

  Mr Hartley – Designated Premises Supervisor

  Ms Julian – Sales Manager

  Also present were Mr Kenny an officer within the Environmental Protection Team and his colleague, Ms Turner, who was observing the proceedings.  The Chair advised that as EPT had withdrawn their objection to the application, they were not a party and had no right to address the hearing, however the Sub-Committee could seek clarification or technical advice from Mr Kenny, if that was required

  The Licensing Officer presented the application and stated that this had been amended to show a finish time of 00:30 hours for licensable activities and a closing time of 01:00 hours.  Further discussions had also taken place in view of the planning consent which had been recently granted and the Sub-Committee was informed that the application would be amended further to a time limited licence valid for six weeks from the date of the hearing to 2^nd January 2013, with the proposed marquee being removed by 6^th January 2013

  The Sub-Committee then heard from Mr Williams, the applicant’s solicitor, who confirmed that the application to erect a marquee in the grounds of the hotel would be amended to a six week period.  The purpose of this was to provide additional function space as there was insufficient space for the events the hotel wished to hold over the Christmas and New Year period

  Members were informed that the marquee would hold a maximum of 435 people and that the events to be held there would include DJs, live music and tribute acts. 

Mr Williams acknowledged that there were nearby residential properties on Topcliffe Lane and Aspen Court and that representations had been received from local residents.  To address these issues, the hotel had engaged acoustic consultants early in the process and the report before Members included the acoustic report which had indicated that due to the location of the hotel, the overwhelming noise in the area was from the motorway.  The siting of the marquee and the position of Aspen Court in relation to the hotel was likely to prevent these residents from experiencing noise disturbance.  The report stated that if the sound from the marquee was limited to 95 decibels, then the noise at the nearest noise sensitive premises in Topcliffe Lane would be lower than the ambient noise from  ...  view the full minutes text for item 101.

To consider the report of the Head of Licensing and Registration on an application to vary an existing premises licence in respect of Pizza Bella, 32 Market Place, Wetherby

  The Sub-Committee, having regard to the Licensing Act 2003, the Section 182 Guidance and the Authority’s own Licensing Policy, considered a an application to vary a premises licence held in respect of Pizza Bella, 32 Market Place, Wetherby LS22

  Representations had been received from LCC EPT and from Wetherby Town Council and Collingham with Linton Parish Council.  It was noted that no representatives of either the Town or Parish Council were in attendance and the Sub-Committee decided to proceed taking into account their written representations.  However part of the representations related to concerns about an extension of time for alcohol deliveries: as this was not part of the application, the Sub-Committee did not consider the representations raised about this aspect

  Present at the hearing were:

  Altin – the applicant – represented by Mr Akif and Mr Samil

  Mr Kenny – LCC EPT

  Ms Turner – LCC EPT (observing)

  Mr Akif explained that this was a family run business and was situated in the basement of the premises.  An extension to the opening hours was being sought for weekends as this was the busiest time and that patrons were requesting longer opening hours.  As the local pubs closed around 00.45 hours, the trade was there which was the reason for requesting a closing time of 02.00am on Friday, Saturday and Sunday.  Members noted that a extension to 03.00am was being sought for Christmas Eve and the comments of the applicant that he would be willing to give up both the ability to serve alcohol by delivery and the Christmas Eve extension in order to secure the additional hours on a weekend

  Members were informed that Altin had been in business for seven years and there were no problems with noise or bad behaviour in the area caused by the business

  The Sub-Committee then heard from Mr Kenny of the Environmental Protection Team who stated that the premises were situated in a quiet market town, close to residential properties, although no objections to the application had been received from local residents

  EPT’s concerns related to the possibility that extending the hours of operation of the premises could lead to it becoming a focal point for patrons leaving the local pubs, which in turn could result in people congregating/ queuing at the premises with the potential for noise and disturbance which was difficult to manage.  Extending the opening hours to 02.00am could also set a precedent and could lead to further applications coming forward

  In responding to the points made by EPT, Mr Akil stated that CCTV was installed in the premises and that there was another takeaway premises in the area which opened until 01.00am

  The Sub-Committee carefully considered both the written and verbal representations from the applicant and LCC EPT and the relevant aspects of the written representations from Wetherby Town Council and Collingham with Linton Parish Council

  The Sub-Committee noted the concerns raised about potential public nuisance and determined to grant the license but only until 01:00am on Friday,  ...  view the full minutes text for item 102.