Agenda item

To consider the report of the Assistant Chief Executive (Corporate Governance) on an application for the variation of an existing Premises Licence held at the premises known as Seacroft Green Social Club, Brooklands Avenue, Seacroft.

(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 to vary an existing Premises Licence currently in place the Seacroft Green Social Club, 242 Brooklands Avenue, Leeds LS14. It was noted the premises currently benefited from a Club Premise Certificate.

Representations had been submitted by West Yorkshire Police (WYP) and a number of local residents. Local ward Councillor G Hyde had also submitted a letter of representation and attended the hearing accompanied by Councillor V Morgan on behalf of local residents. None of the local residents attended the hearing and the Sub Committee resolved to consider their written submissions and proceed in their absence.

The Sub Committee heard first from Mr B Patterson and Inspector E Chesters on behalf of WYP who described the style of the operation of the premises, problems associated with the premises in the recent past; the nature of the local area and likely impact later hours would have on the locality. WYP stated the application did not contain sufficient detail on how the management would address the licensing objectives, particularly crime and disorder, prevention of public nuisance and protection of children from harm. Furthermore this premise lay within an area which consistently featured in WYP statistics for incidents of anti social behaviour and crime and disorder. WYP also stated the premises management had not adhered to the conditions attached to the current Club Premise Certificate, in terms of failure to supply a copy of the Club Rules; non members being able to enter the premises unchecked and operating past permitted hours.

The Sub Committee then heard from local ward Councillor G Hyde who described the proximity of residents he represented to the premises. He stated their main concerns as being the later hours requested and the impact of noise and disturbance from patrons leaving the premises at later hours would have on local residents. Councillor Hyde stated residents complained about noise emanating from the premises whilst the current hours were in operation. Incidents of anti social behaviour and littering were attributed to the premises by residents.

Councillor Hyde stated the premises did not operate as a Club currently and expressed his belief that if later hours were granted, this premises would become a magnet for patrons from other venues in the locality. In conclusion, Councillor Hyde expressed residents’ belief that “night club hours” were not appropriate in this residential location.

The Sub Committee then heard from Mr R Houghton, the applicant, who was accompanied by Ms B Fowler for LH Taverns and Ms M Gregory the Designated Premises Supervisor. Mr Houghton began by explaining the late production of the Club Rules and confirming the request for Late Night Refreshment should be deleted from the application as this had been included in error.

Mr Houghton stated the Club had not previously received any evidence of residents concerns and added that many local residents were patrons of the Club, and referred to the additional documentation which included a petition of local supported submitted by him. Mr Houghton stated he had taken into account the objections received from other residents and did at this point offer to amend the requested hours to apply to Friday and Saturdays only.

The Sub Committee received advice that this would be a substantial change to the application and adjourned for a short while to consider whether the application required re-advertisement

During the recess clarification was sought from the applicant regarding the hours. Discussions occurred with all parties present and Ms Fowler (LH Taverns) stated the applicant would proceed to seek the hours as applied for; and not Fridays & Saturdays only.

The hearing reconvened. Mr Houghton and Ms Gregory provided details of the style of operation of the premises, installation of CCTV; problems in the area generally related to people drinking on the street and the problematic relationship between the Club and a neighbouring premises.

The Sub Committee noted the written representations and carefully considered the submissions made at the hearing. Members felt that granting the application as applied for would lead to more noise and disturbance in the locality. However the Sub Committee felt that amending the application could address the public nuisance licensing objective and be successfully managed.

RESOLVED – To grant the application in the following terms only:

All licensable activities applied for:

Sunday to Thursday 10:00 until 23:00 hours

Friday & Saturday  10:00 until 00:00 midnight

Hours the premises are open

Sunday to Thursday  10:00 until 23:30 hours

Friday & Saturday  10:00 until 00:30 hours

·  The seasonal variations requested are also granted

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