Agenda item

To consider the report of the Head of Licensing and Registration on a application for the grant of a premises licence in respect of the New World Café, New Briggate, Leeds LS1

(Report attached)

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 the grant of a Premises Licence in respect of  New World Café, 26-30 New Briggate, LS2. The premises was located within Cumulative Impact Area 1 (city centre) and had previously operated as D’Fusion.

Representations had been received from West Yorkshire Police (WYP) and LCC Environmental Protection Team (LCC EPT). A representation had also been received from LCC Health and Safety Team over measures proposed to address the public safety licensing objective, these measures had been agreed by the applicant prior to the hearing and the representation subsequently withdrawn. The hearing was attended by the following:

Mr G Chan –the applicant’s agent

Mr Lau – the applicant

Mr B Kenny – LCC EPT

PC C Arkle - WYP

The Sub Committee was aware that the premises licence for D’Fusion had been revoked and was now the subject of an appeal to the Magistrates Court. Discussion followed on the status of the two premises licences, should this application be granted. Mr Chan confirmed that if this application was granted, the appeal would be withdrawn. The Sub Committee heard that this applicant was in the process of buying the building, and sought an operational premises licence.

Mr Chan outlined the proposed target clientele and operation of the premises, which covered the ground, first and second floor of the building. He assured the Sub Committee that the applicant intended to operate a restaurant to the ground floor with corporate or pre-booked functions on the upper floors. The venue could no longer operate as a nightclub as it had been refurbished to create smaller spaces. This had also reduced the capacity. Mr Chan also stated that the applicant was content to accept measures discussed with WYP at a meeting the previous week - which included employment of doorstaff although the number and hours they would attend had yet to be determined

PC Arkle then highlighted WYP concerns regarding the location of the premises on New Briggate which was identified as a hotspot area in the city centre associated with anti social behaviour. There was concern over the lack of coherent measures to address the licensing objectives and the CIP area 1 policy included within the application. PC Arkle reported on the outcome of the meeting referred to by Mr Chan and highlighted that the proposed operation of this venue until 03:00 hours would add to the conflict with other licensed premises already experienced on New Briggate. She stated that it was important that conditions on this premise licence, should it be granted, reflected that the venue was not generally open to the public, due to its location and licensed history and that it was necessary and proportionate therefore for 2 doorstaff to be employed at the premises from midnight until 03:00 hours (when the ground floor restaurant was proposed to close).

Members noted that the premises could remain open until 05:00 hours although the sale of alcohol would cease at 03:00 hours if this application was granted. A plan of the internal layout plan showed that the ground floor restaurant was a self contained unit accessed from a separate door within the entrance lobby which could be closed at 03:00 am whilst the entrance to the upper floors could remain open.

Mr Chan added that the applicant intended to operate until 03:00 hours initially as a trial period and if unsuccessful he would close at 00:00 midnight – in which case doorstaff may not be necessary.

Mr B Kenny, LCC EPT, then addressed matters raised in the written submission but stated that having heard the representations of the applicant and WYP, he was reassured over the future operation of the venue. Mr Kenny requested that standard EPT conditions to address the public nuisance licensing objective be attached to the Premise Licence should this application be granted.

Members then adjourned to deliberate the application and considered how to progress matters, noting that measures had now been included within the application to address the licensing objectives and the CIP having regard to the location and licensed history of the premises. Members noted the comments made by WYP and at this point reconvened the hearing to inform the parties of their view that they were minded to grant the application with conditions. The Sub Committee then invited the parties to consider the pro forma risk assessment and to discuss which measures would be placed on the premises licence in the event of a grant. Members indicated that they would wish to see conditions which clearly set the hours and activities for each of the venues’ floors.

The matter was adjourned to facilitate those discussions. On recommencement the Sub Committee received confirmation that all parties had discussed and agreed a set of measures that could be included within the premises licence. Members were provided with a revised copy of the pro-forma risk assessment. The Sub Committee, having carefully considered the written and verbal submissions made at the hearing by all parties and having regard to the agreements now reached

RESOLVED – That the application be granted in the following terms:

Ground Floor  –   alcohol sales 08:00 to 02:30 hours

provision of all other licensable activities 08:00 until 03:00 hours (except alcohol)

    This part of the premises shall close at 03:00 hours

Upper floors  –   alcohol sales 08:00 to 04:30 hours

provision of all other licensable activities 08:00 until 05:00 hours (except alcohol)

    This part of the premises shall close at 05:00 hours

• Those measures proposed by the applicant shall now be included within the premises licence as conditions to address the relevant licensing objectives
• Those measures agreed between the applicant and LCC H& S (included within appendix D) shall be included within the premises licence in order to address the public safety licensing objective.
• The following additional conditions were imposed on the licence as being necessary and proportionate to address the licensing objectives and to ensure the premises operated to the business plan outlined at the hearing

-  the ground floor area shall operate as a restaurant

-  the sale and supply of alcohol shall be restricted to ensure that it is consumed on the premises and only supplied with the purchase of a substantial meal

-  a minimum of 80 covers shall be maintained to the ground floor

-  there shall be no use of external promoters for any function within the venue

-  public access to the first & second floors shall be by pre-booking only