Agenda and minutes

RESOLVED – That Councillor B Selby be appointed as Chair for the meeting

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)

There were no appeals.

There was no exempt information.

There were no late items.  Supplementary information for Agenda Item 7 – Application to vary a premises licence held by Dixy Chicken (formerly Downtown Pizza), 58 Town Street, Horsforth was distributed prior to the meeting.

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.

There were no declarations of disclosable pecuniary interests.

To receive and consider the attached report of the Head of Elections, Licensing and Registration

Site visit to take place prior to the meeting.  Transport to leave Civic Hall at 9.30 a.m.

The report of the Head of Elections, Licensing and Registration presented an application to vary a premises licence held by Engine Shed, York Road, Wetherby Leeds.  The application had previously been considered by the Sub-Committee on 2 February 2016 when it was adjourned to allow Members to visit the site of the premises due to proximity of residential properties.

The Engine Shed was a Grade II listed building and catered mainly for weeding parties but also held occasional parties and discos.  The applicant had sought to increase the hours of operation for sale of alcohol and late night refreshment on Thursday to Sunday until 01:00.

The applicant addressed the Sub-Committee.  He reminded the Sub-Committee that the use of the premises was primarily for weddings and did not actively seek to host 18^th and 21^st birthday parties.  Since the last meeting additional signage had been placed in the premises asking customers to be quite on leaving and there had been further measures to ensure doors are kept closed.  There was a decibel monitor at the premises and managers monitored and noted sound levels.  Reference was made to a noise complaint that had been made in March regarding an occasion when doors had been left open.

A local resident addressed the Sub-Committee with concerns regarding the application.  These included the following:

·  Main problems of disturbance were caused by noise and car headlights.

·  Reference was made to noise disturbance from a recent coach party that was leaving the premises.

·  Noise and disturbance caused by car doors – there was nothing the applicant could do to prevent noise once customers had left the building.

·  Car headlights shining into people’s houses.

·  There had not been any improvement since the previous hearing on 2^nd February 2016.

In response to questions from Members, the following was discussed.

·  The applicant was unaware of any disturbance caused by a coach party.

·  The applicant was unable to prevent noise made by cars other than to ask customers to keep noise to a minimum.

·  The possibility of installing fencing that would prevent some noise and would screen headlights.

The Licensing Sub-Committee carefully considered the report of the Head of Elections, Licensing and Registration, the Statement of Licensing Policy and the application itself.  It also considered the representations made by the applicant and local residents both at the hearing and in writing.  It was also noted that agreement had been reached with West Yorkshire Police and the Environmental Protection Team regarding proposed conditions to the licence.

RESOLVED – That the application be granted as applied for.

Top receive and consider the attached report of the Head of Elections, Licensing and Registration

The report of the Head of Elections, Licensing and Registration presented an application to vary a premises licence held by Dixy Chicken (formerly Downtown Pizza Bar), 58 Town Street, Horsforth.

The application was to extend the provision of Late Night Refreshment on a Friday and Saturday from 01:00 to 02:00.  It was reported that the premises fell within a Cumulative Impact Area and all other licensed activities in the area ceased at 01:00.  Representations to the application had been made from the Local Licensing Authority, Horsforth Town Council and Horsforth Civic Society.

The Applicant addressed the Sub-Committee and highlighted the following issues:

·  Conditions had been agreed with West Yorkshire Police.

·  There would not be sale of alcohol at the premises.

·  The premises had operated till 02:00 through the use of Temporary Event Notifications without complaint.

·  The Kings Arms on Town Street remained open until 02:00.

·  People were still waiting in the area till 02:30 for taxis.

·  The nearest residential property was 120 yards away.

·  It was not felt that opening a further hour would add to problems in the Cumulative Impact Area.

·  The consumption of food was proven to reduce levels of aggression.

·  The responsible authorities were satisfied with the application.

A representative of the Licensing Authority addressed the Sub-Committee.  Issues highlighted included the following.

·  Although the Kings Arms remained open until 02:00 all licensed activities including the sale of alcohol ceased at 01:00.

·  Members were informed that the Cumulative Impact Area was implemented in 2007 and revised in 2011.  There had been problems with litter and noise disturbance in the area and people moving on through residential areas.  Since the implementation of the CIA, the number of complaints had reduced.

·  Concern had been expressed by local Ward Councillors that allowing the provision of Late Night Refreshment until 02:00 would set a precedent and open the floodgates for further requests.

·  Reference was made to a recent request for another premises on Town Street to extend licensed hours until 02:00.  This was refused following a hearing of the Licensing Sub-Committee.

In summary to the application and response to other representations, the applicant’s representative informed the Sub-Committee that there were no problems with litter as they cleared up outside the premises and neither was there any noise disturbance as music was not amplified outside the premises and doors were kept closed during opening hours. With reference to the recently refused application elsewhere on Town Street, that was for the sale of alcohol.

The Licensing Sub-Committee carefully considered the report of the Head of Elections, Licensing and Registration, the statement of Licensing Policy and the application itself.  It also considered the representations made by the local Licensing Authority and the applicant’s and their representative, both in writing and at the hearing.  The Sub-Committee also considered whether the applicant had demonstrated exceptional circumstances for an extended hours licence within the Cumulative Impact Area.

RESOLVED – That the application be refused.