Agenda item

To consider the report of the Assistant Chief Executive (Corporate Governance) on an application to vary an existing Premises Licence held at the premises known as “Barnbow”, Austhorpe Road, Crossgates.

(Report attached)

The Sub-Committee, having regard to the Licensing Act 2003, the Statement of Licensing Policy and the Statutory Guidance, considered the application and the written submissions before them relating to an application for a new Premises Licence for the premises currently trading as the “Barnbow”, Austhorpe Road, Crossgates. It was noted the premises currently benefited from an existing Premises Licence.

Representations had been submitted by LCC Environmental Protection team (LCC EPT) and LCC Health & Safety Team (LCC H&S) containing measures they proposed in order to address the relevant licensing objectives. The suggested measures had been agreed by the applicant and the representations subsequently withdrawn.

A number of local residents had also submitted letters of representation. Local ward Councillor S Armitage had submitted a representation on behalf of Crossgates Neighbourhood Watch and attended the hearing accompanied by Councillor P Grahame. Comments regarding some residents’ submissions which did not feature in the report were noted and the Sub Committee agreed that Councillor Grahame would make representations on their behalf. Not all of the local residents attended and the Sub Committee resolved to take their written representations in to account and proceed in their absence.

The Sub Committee also varied normal procedure to allow more time for the verbal submissions of the residents who were in attendance, with the same amount of time then offered to the applicant. The following parties attended the hearing:

The Sub Committee heard first from Mr P Macklam who described the proximity of the Barnbow to local residents’ properties and expressed concern that patrons of other local premises would attend the Barnbow if later hours were granted. He described problems the neighbourhood had encountered when the Barnbow had operated as “The Manston”. Mr Macklam confirmed the Barnbow had recently operated a Temporary Event Notice, without attracting complaints from residents however he reiterated his concern that the requested later hours would apply to both the Function Room and the bar.

Mrs A Beckett then addressed the meeting who stated she lived close to the premises and was also a customer. She regarded this application as a major change to the operation of the premises and she was not convinced the Company could successfully manage the later hours. Mrs Beckett stated she had attended a public meeting where the Company had explained its operating strategy for the premises but she maintained concerns over the number of functions and the implementation of later hours.

The Sub Committee then heard from Councillor P Grahame who explained she represented the views of Mr & Mrs Sutcliffe who lived close to the premises. Councillor Grahame stated that although the Barnbow advertised as a restaurant it also operated as a public house with a 75%/25% split and she described the internal layout. Currently, patrons in the bar were local residents who appreciated the existing closing time but there were concerns that new patrons would be attracted from other more rowdy venues in the area. There were also concerns about additional noise from patrons leaving the premises later into the night and noise from taxis.

Councillor Grahame stated the residents did not wish the pub to return to the type of venue which required doorstaff and she personally did not believe there was a local late night drinking culture which necessitated this application.

The Sub Committee referred to the photographs within the submission of the applicant and an up to date internal plan was tabled.

Councillor S Armitage then addressed the meeting and confirmed residents concerns that later operating hours would lead to disturbance from patrons leaving the premises at even later hours. Residents were concerned about the management of incidents outside particularly if doorstaff were employed. Councillor Armitage confirmed the premises had operated well during the last three years; however the later hours requested did not reflect the family orientation suggested by the applicant. Councillor Armitage suggested residents did not have great concerns about the additional hours requested for mornings, but in conclusion there were strong objections to the night time request.

The Sub Committee then heard from Ms H Audsley on behalf of Orchid Pubs Ltd, the applicant. Ms Audsley explained her role in the management and refurbishment history of the premises during the last 3 years and that she was aware of the problems the premises had attracted prior to being purchased by Orchid. Ms Audsley went onto state that there had been no problems at the premises during the last three years and it was notable that West Yorkshire Police had not submitted a representation. She addressed the comments made by the objectors and stated the Barnbow now operated as 70% restaurant and 30% public house; no complaints had been received from residents prior to the application being made and there was no intention to revert to the public house/sports bar style operation and no intention to encourage more alcohol consumption between 23:00 to 00:00 midnight.

Ms Audsley explained a public meeting had been held to explain the plans for the future of the premise at which she had offered to ensure admission to new customers was refused after 23:00 hours. She added the application had been made in response to requests from existing patrons for a later closing time and to facilitate those function bookings who wished to stay past the current closing time.

Discussions followed on the functions held recently under TENs and the Sub Committee also heard from Mr Dunn and Mr Wilkinson in support of the application who provided information on the type of clientele the premises currently attracted and management style

The Sub Committee noted the written representations and carefully considered the submissions made at the hearing by the objectors and those in support of the application.

Members had regard to the fact that the premise had been successfully run during the last 3 years and in particular that 4 TENs had been operated in the last 8 months without undermining the licensing objectives.

The Sub Committee was therefore satisfied that Orchid Pubs Ltd had demonstrated they could operate the premises without undermining the licensing objectives and

RESOLVED – To grant the application as requested

·  Those measures suggested by LCC EPT and LCC H&S to address the licensing objectives and agreed prior to the hearing are now imposed as conditions on the new Premises Licence

·  The Sub Committee took the opportunity to remind local residents of their power to seek a Review of the Premises Licence or contact their local ward Councillors should they experience any problems which they associated with this premises in the future