Agenda item

To consider the report of the Head of Licensing and Registration on an application for the grant of a premises licence for Friends Of Ham 4 New Station Street, Leeds, LS1.

  The Sub-Committee having regard to the Licensing Act 2003, the Section 182 Guidance and the Authority’s own Statement of Licensing Policy considered an application for a premises licence for Friends of Ham 4 New Station Street LS1, which was situated in an area covered by the Cumulative Impact Policy

  Representations had been received from West Yorkshire Police and from LCC Environment Protection Team

  Present at the hearing were:

  Mr Whur – solicitor for the applicant

  Mr & Mrs Kitching – owners

  PC Arkle – West Yorkshire Police

  Mr Kenny – LCC Environment Protection Team

Three additional letters of support were tabled with the agreement of all parties.  Larger scale maps showing the location of the premises and the area covered by the CIP were also tabled for Members’ consideration

  The Sub-Committee heard from Mr Whur on behalf of Mr & Mrs Kitching who were seeking a premises licence for a Charcuterie-style bar offering meat and cheese selections with beers, ales and wines with a takeaway delicatessen and off licence capability in premises which had previously been licensed for a restaurant-led operation.  Mr Whur stated that the applicant was seeking the same hours but with the addition of late night refreshment

  Mr Whur stated that he did not consider that the CIP applied in this case as the premises would be self-regulating through the offer which would be premium priced drinks, locally sourced quality food and no spirits would be provided so future-proofing the licence in the event of another operator taking over the premises.  The location of the premises had been carefully selected as it was on a main arterial route from the railway station to the upcoming Trinity development.  Mr Whur also pointed out that the premises were not located in a police ‘hotspot’ for crime and disorder, furthermore late night opening had not been requested

  A range of conditions had been agreed to with Mr Whur offering a condition specifying a maximum of 60 seats in the premises if that was required.  Only background music was being requested with a noise consultant having been commissioned by the applicants to carry out a survey which had been included in the information before the Sub-Committee

  Mr Whur reiterated that the premises would not be alcohol-led and referred to paragraphs 7.3 and 7.8 of the Authority’s Statement of Licensing Policy in support of the application

  The Panel was informed that the premises would employ 3-4 people initially and that in respect of security measures, a stringent CCTV condition had been offered; that door staff would be provided if required and that the premises would not open on match days when Leeds United were playing at Elland Road

  Concerns were raised about the prices for some drinks as set out in the submitted information and that these prices were not necessarily so high as to deter some people from using the premises.  It was reported that some prices shown had been printed incorrectly and these would be higher than indicated

  In terms of the request for late night refreshment, this would be to enable people to finish their meal and allow for gradual dispersal

  The Panel then heard from PC Arkle of West Yorkshire Police who stated that she did not agree with Mr Whur’s statement about the CIP and was satisfied that this premises would trigger the CIP

  The current licence for the premises was for a more food-led operation and although the Police had discussed this with the applicants prior to the hearing, PC Arkle stated that the applicants’ view was that they wished to pursue their licence application as they felt the current licence would stifle their business and not offer the flexibility they required.  The Police had concerns about this particularly as it would not stop the premises from evolving into a more alcohol-led operation if the venture was transferred to someone less crime prevention aware

  A possible additional condition to satisfy the police would be the provision of waitress service to prevent people going to the bar.  Concerns were also raised at the high alcohol level of some of the drinks to be offered

  The Sub-Committee then heard from Mr Kenny, LCC Environment Protection Team who stated that he had concerns in relation to the CIP and the premises themselves.  Mr Kenny advised that a planning application for change of use from restaurant to bar had been submitted with Mr Whur stating that planning permission had been granted

  Mr Kenny was of the view that as a bar there would be greater implications with people congregating and smoking outside the premises.  He made reference to the flats sited on the first floor of the premises with concerns about noise nuisance, particularly from music within the premises and stated that a condition ensuring no noise penetration through the fabric of the building had not been offered

  In summing up Mr Whur stated that granting the licence would enable a quality venue to be opened in the city; that steps had been taken to future-proof the licence and that if it was found that problems were occurring, there was a process in place for the licence to be reviewed

  As requested by Members, a copy of the planning permission for the change of use of the premises was provided for the Sub-Committee’s consideration

  The Sub-Committee carefully considered both the written and verbal representations from the applicant’s legal representative, West Yorkshire Police and LCC Environmental Protection Team

  RESOLVED - The Sub-Committee concluded, as a finding of fact, that the application did trigger the CIP but would not add to the cumulative impact of such premises in the area and resolved to grant the licence as set out in the application, subject to replacing in condition No 11, the word ‘seats’ with ‘covers’