Agenda and minutes

RESOLVED – Councillor Downes was elected Chair of 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 against refusal of inspection of documents.

No exempt information was contained within the agenda.

No formal late items of business were added to the agenda.

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 consider the report of the Head of Elections, Licensing and Registration on an application to vary an existing premises licence, made by Mr N Hanby and Mrs A Hudson, for Apres Cafe Bar, 179 High Street, Boston Spa, Wetherby, LS23 6AA.

The Sub Committee considered the report of the Head of Elections, Licensing, and Registration on an application to vary an existing premises licence held at the premises known as Après Café Bar, 179 High Street, Boston Spa. The application sought to increase the hours for the sale of alcohol and recorded music; and to add live music, films and performance of dance to the operating schedule. The applicant also wished to include the basement areas, as indicated on the submitted plan, for the provision of licensable activities for up to 24 patrons.

The application had attracted representations from West Yorkshire Police (WYP), LCC Environmental Protection Team (EPT) and from local residents. Prior to the hearing, the applicant had agreed measures proposed by LCC EPT and WYP which amended the hours of provision as follows:

·  Sale by retail of alcohol – Monday to Sunday from 10:00 to 00:00 hours

·  Performance of dance – Monday to Sunday from 10:00 to 00:30 hours

·  Exhibition of films – Monday to Sunday from 15:00 to 23:00 hours

·  Provision of live music – Monday to Sunday from 10:00 to 00:30 hours

·  Recorded music – Monday to Sunday from 10:00 to 00:30 hours

·  The opening hours of the premises – Monday to Sunday from 10:00 to 00:30 hours

·  Non-standard hours:  Licensable activities to take place on Christmas Eve and New Year’s Eve from 10:00 to 03:00 hours

Mr M Emadi and Ms L Elongo attended the hearing as agents for the applicants – Mr N Hanby and Mrs A E Hudson. Councillor G Wilkinson, Wetherby ward councillor, attended to represent a number of local residents.

Mr Emadi explained that he had taken over the lease of the premises from Mr Hanby. He outlined the proposed style of operation for the premises adding that he had been in the restaurant business for some years and had operated Sir Duke’s restaurant/bar in Wetherby for two years, noting that no complaints had been received from either WYP or LCC EPT about the Sir Dukes premises. He intended to operate Après Café Bar with a similar management structure to Sir Dukes - with a General Manager, Assistant Manager and a Supervisor.

Mr Emadi confirmed that the reduced hours of operation had been agreed with LCC EPT and WYP and would be in accordance with other local establishments, including Fifty 50, La Casita and Boston Spa Stew & Oyster.

Mr Emadi explained that he wished to create a social hub for the area, utilising the basement area and to offer something different to the community; including showing films, holding coffee mornings to help local communities and support charitable concerns. Mr Emadi stated that there were no proposals to run a late-night revellers bar. 

In response to questioning about noise concerns, Mr Emadi explained that the premises were currently closed for refurbishment which included new double-glazed windows which would reduce noise escaping from the premises. The previous windows had been single-glazed.

Councillor Wilkinson then addressed the Sub Committee on behalf of Boston Spa Parish  ...  view the full minutes text for item 6.

To consider the report of the Head of Elections, Licensing and Registration on application to vary an existing premises licence, made by Market Town Taverns Limited, for Mews, 16 Bank Street, Wetherby, Leeds, LS22 6NQ

The Sub Committee considered the report of the Head of Elections, Licensing and Registration on an application to vary an existing premises Licence at the premises known as Mews, 16 Bank Street, Wetherby. The application sought to add an additional hour onto the hours for sale of alcohol, with the terminal hour being midnight throughout the week, to remove and amend conditions attached to the operating schedule, to make some structural changes and to permit the opening of the premises from 09:00 daily (but not to increase alcohol sales from 09:00 hours)

The application had attracted representations from the Responsible Authorities and local residents. At the start of the hearing, the Licensing Officer advised that the applicant had reached agreements with LCC Environmental Protection Team (EPT) and LCC Health & Safety team over measures to address the licensing objectives. These representations had been withdrawn on the understanding that the amended conditions would be attached to the new premises licence, should this application be granted. Representations received from local residents remained, and as none of the members of the public who had submitted a representation attended the hearing, the Sub Committee resolved to proceed in their absence and take their representations into account during deliberations.

Ms M Hazelwood of John Gaunt & Partners attended the hearing to represent the applicant – Market Town Taverns Limited. Mr A Levine, the Designated Premises Supervisor (DPS) was also present.

Ms Hazlewood confirmed that the applicants operated 15 – 20 premises nationwide. She provided information on the style of operation of the premises – as a traditional public house in Wetherby – which had recently undergone refurbishment. She explained that the application stemmed from wanting to expand the repertoire of the premises, by the introduction of a new menu and capturing the breakfast trade. There was no intention to increase alcohol sales from 09:00 hours. Ms Hazlewood noted that there had been no objections to the proposed change to the layout of the premises.

In respect of possible noise and disturbance, Ms Hazelwood advised that the applicants had considered local residents’ objections to the proposal to extend the use of the beer garden until 00:00 and had now withdrawn that part of the application. She also clarified the circumstances behind one incident when a complaint had been made to the DPS of loud voices in the car park following a corporate event when customers were moving on to other premises. The applicants intended to continue to host corporate functions, and to appeal to those customers who prefer craft ales and premium priced spirits.

Additionally, Ms Hazlewood stated that Mr Levine had spoken to the residents of the two flats above the premises about the application and they had not submitted an objection. Mr Levine advised that he had also spoken to residents who lived directly opposite the premises and they had raised two concerns with him – car parking and noise from the use of the beer garden. He noted that their objections remained despite the proposal  ...  view the full minutes text for item 7.

To consider the report of the Head of Elections, Licensing and Registration on an application for the grant of a new premises licence, made by JD Wetherspoon Plc, for Wetherspoons, 37 Main Street, Garforth, Leeds, LS25 1DS.

This application was withdrawn from the agenda prior to the meeting as the applicants and all interested parties had reached agreements on measures suggested in order to promote the licensing objectives of the city. The Premise Licence will therefore be issued by the Licensing Officer in accordance with the agreed conditions