Agenda and minutes

Licensing Sub-Committee - Monday, 18th May, 2015 10.00 am

Venue: Civic Hall, Leeds

Contact: Governance Services  Copies of the full report with appendices are available on request from the clerk. For details of the new premises licence please contact Entertainment Licensing on 0113 2474095 after the hearing.

Items
No. Item

131.

Election of the Chair

Minutes:

RESOLVED – Councillor Khan was elected Chair of the meeting

 

132.

Appeals Against Refusal of Inspection of Documents

To consider any appeals in accordance with Procedure Rule 15.2 of the Access to Information Procedure Rules (in the event of an Appeal the press and public will be excluded)

 

(*In accordance with Procedure Rule 15.2, written notice of an appeal must be received by the Head of Governance Services at least 24 hours before the meeting)

 

Minutes:

There were no appeals against the refusal of the inspection of documents

 

133.

Exempt Information - Possible Exclusion of the Press and Public

 

1)  To highlight reports or appendices which:

 

a)  officers have identified as containing exempt information, and where officers consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons outlined in the report.

 

b)  To consider whether or not to accept the officers recommendation in respect of the above information.

 

c)  If so, to formally pass the following resolution:-

 

  RESOLVED – That the press and public be excluded from the meeting during consideration of those parts of the agenda designated as containing exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press and public were present there would be disclosure to them of exempt information

 

2) To note that under the Licensing Procedure rules, the press and the public will be excluded from that part of the hearing where Members will deliberate on each application  as it is in the public interest to allow the Members to have a full and frank debate on the matter before them.

Minutes:

No exempt information was included within the agenda

 

134.

Late Items

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)

 

Minutes:

No formal late items of business were submitted

 

135.

Declarations of Disclosable Pecuniary Interests

To disclose or draw attention to any disclosable pecuniary interests for the purposes of Section 31 of the Localism Act 2011 and paragraphs 13-16 of the Members’ Code of Conduct.

 

Minutes:

There were no declarations of disclosable pecuniary interests

 

136.

"Bar Fibre" - Application to vary an existing premises licence by Bar Fibre Limited in respect for Bar Fibre, 168 Lower Briggate, Leeds, LS1 6LY pdf icon PDF 39 KB

To consider the report of the Head of Licensing and Registration on an application to vary an existing premises licence by Bar Fibre Limited in respect for Bar Fibre, 168 Lower Briggate, Leeds, LS1 6LY.

 

Additional documents:

Minutes:

The Sub Committee considered the report of the Head of Licensing and Registration on an application to vary an existing premises licence submitted by Bar Fibre Limited, in respect of the premises known as “Bar Fibre”, 168 Lower Briggate, Leeds LS1 6LY.

 

The application sought retrospective approval for internal alterations to the layout of the premises, including the relocation of the second floor communal toilets to the basement and the relocation of the second floor bar/servery. The report identified the premises as being located within the red area of the Council’s cumulative impact policy. The application attracted representations from West Yorkshire Police (WYP) and from the Licensing Authority

 

The following attended the hearing

Bar Fibre Limited:

Mr P Whur – solicitor

Mr C Rees-Gay – observer

Mr D Rothwell – Director

Mr M Covell - Manager

West Yorkshire Police:

PC C Arkle

Mr B Patterson

 

Licensing Authority:

Ms S Holden

Ms C Brennand

 

The Sub Committee heard from Mr Whur on behalf of the applicant. Mr Whur began by expressing the applicants’ apologies for undertaking the works prior to submission of the necessary variation application. He explained that it had not been deliberate; rather that Mr Rothwell initially felt the alterations could be dealt with by way of a minor variation, and the refurbishment works came at a time when Mr Rothwell was planning for his wedding and therefore distracted.

 

In response to the concern raised by the responsible authorities that the layout changes had the potential to increase capacity at the premises, Mr Whur stated that there was no intention to increase the premises’ capacity. He confirmed that the existing condition regarding the capacity of the premises would remain on the premises licence.

 

Mr Whur provided further information which included:

-  The £340k costs of the refurbishment

-  the proposed style of operation of the premises

-  proposed operation of the second floor which was intended as a high end membership only area with a waitress service

-  access to the second floor would be limited to maintain exclusivity and gained only via a concierge to monitor patron numbers to ensure the capacity of the second floor did not exceed 50

-  the applicant participated in the local Pubwatch scheme and maintained a good working relationship with WYP

 

Mr Whur assured the Sub Committee that the premises would not be a vertical drinking establishment and referred to Council’s Cumulative Impact Policy (CIP). He stated that the negative impact would not be triggered as existing measures were in place for the operation of the second floor, with the additional concierge element and no increase of the capacity had been requested. Mr Whur also stated that no adverse comments had been made by WYP directly to Bar Fibre regarding crime and disorder issues prior to this application being made. 

 

In response to comments made about the capacity of the premises, Mr Whur referred to Condition 19 (capacity) which featured with the Public Safety Conditions on the existing licence. He suggested that  ...  view the full minutes text for item 136.