Agenda item

To consider the report of the Head of Licensing and Registration on an application for the grant of a premises licence in respect of the Melbourne Street Community Studio, Leeds LS2

(Report attached)

The Sub-Committee, having regard to the Licensing Act 2003, the Section 182 Guidance the Authority’s own Statement of Licensing Policy considered an application for the grant of a Premises Licence in respect of Melbourne Street Community Studio, Leeds LS2.

Representations had been received from West Yorkshire Police and LCC Environmental Protection Team, however the measures suggested by them to address the licensing objectives had been agreed by the applicant and the representations had been withdrawn on the understanding that the measures would be included on the premises licence, should it be granted. Thirteen local residents had also submitted representations to the application.

Mr P N Geary (for the applicant) and Dr H Jones and Dr A Whiteley (local residents) attended the hearing. The Sub Committee resolved to consider the written representations of those residents not present at the hearing in their absence.

It was noted that the agreements reached over measures to address the prevention of public nuisance licensing objective had in effect amended the application by reducing the opening hours (now 08:00 until 02:30) and the hours for provision of live and recorded music (now 08:00 until 00:00 midnight). Members noted the contents of correspondence in relation to the agreements between the parties.

Mr Geary outlined the application on behalf of Ravenpine Ltd – the applicant – and the history of events held at the venue under the provisions of Temporary Event Notices. He described the proposed management style of the venue as being similar to a village hall, the intention being that the creative arts users of the units within the building would make use of this unit at 18-20 as required as a showcase for their products. There was no intention to trade 7 days a week and events would pre-booked or ticketed and not open to the general public. The applicant had decided that any events requiring live music past midnight would be held in another of the applicants venues elsewhere in the city as such events had caused some issues under TENS. A mechanism had also now been established to communicate with the residents of the Merchants House in the future.

Dr H Jones and Dr A Whiteley then addressed the meeting highlighting their concern that the proximity of the venue to residents was not conducive to the proposed operation of the premises and outlining their experiences of the events previously held at the premises and the problems of noise breakout, on street drinking and anti social behaviour attributable to those events. Dr Jones stated that the residents had contacted the police when a street party had been hosted by the applicant at this venue due to the unacceptable level of noise, she added that this had been a day time event and therefore the reduction in hours later into the night would not resolve her noise concerns. The Sub Committee also heard that the venue had not responded positively when the objectors had made contact regarding noise issues.

The Sub Committee discussed the consequences for the applicant if the condition stating “noise should be inaudible at the nearest noise sensitive premise” was breached however the residents did not have confidence that events managed by this applicant in this building could achieve that.

Members requested information on what measures the applicant proposed to address the licensing objectives, having regard to the location of the venue within Cumulative Impact Area 1 (city centre) and Mr Geary briefly outlined how noise breakout would be managed.

The Sub Committee carefully considered the written and verbal representations made on behalf of the applicant and by the local residents. Members also had due regard to the agreements reached between the applicant and LCC EPT and WYP. The Sub Committee noted that all of the objectors had referred to noise break out from the premises during events held under Temporary Event Notices and concluded that this showed that noise was a real issue at the premises.

Despite the reduction in the proposed hours of operation, secured through agreements with LCC EPT, Members felt that they had not heard anything to satisfy their concerns regarding the public nuisance issues raised by the objectors. Members’ fundamental concern being that this building was not suitable for the type of events proposed.

The Sub Committee also had to take into account the location of the premise within Cumulative Impact Area 1 (city centre). In such cases it is the responsibility of the applicant to demonstrate how the operation of the premises will not add to the cumulative impact of licensed premises in the area, not the responsibility of the objectors to prove it will.

In this case, Members felt that they had not heard evidence from the applicant on measures necessary to satisfy them. The Sub Committee therefore

RESOLVED – To refuse the application