Agenda item

To consider the report of the Head of Elections, Licensing and Registration on an application for the grant of a Premises Licence for “Archies”, Arches V and W, Granary Wharf, Dark Neville Street, Leeds, LS1 4BR

The Licensing-Sub Committee considered an application for the grant of a premises licence for Archie’s, Arches V and W Granary Wharf, Dark Neville Street

  Present at the hearing were:

  Mr P Whur – applicant’s legal representative

  Mr S Midgeley – Operations Manager – Ossett Brewery Taverns Ltd

  Ms Lawson – Operations Manager – Ossett Brewery Taverns Ltd

  Me G Mudhar – Leeds City Council Environment Protection Team (EPT)

  A preliminary matter relating to requests to submit additional information on behalf of the applicant and the representative from EPT was raised.  On this occasion the Licensing Sub-Committee agreed to accept the additional submissions from both parties.  The additional information was circulated to Members and both parties and the hearing was adjourned for a short while to enable consideration of the circulated material

  The application had been brought to Members for consideration as the proposals had attracted representations, although it was noted that following agreements over the suggested control measures, West Yorkshire Police and the Health and Safety Team had withdrawn their representations.  A representation from LCC EPT remained as did the 11 representations which had been made to the application by local residents.  Although invited to attend the meeting and address the Licensing Sub-Committee about the concerns raised, no local residents were present at the meeting

  Mr Whur presented the case on behalf of the applicant and informed Members that Ossett Brewery Taverns Ltd was a successful local business with 25 premises, the organisation promoted the licensing objectives and none of their premises had ever been subject to a review of their licence.  It was proposed that Archies would be run by an experienced manager, who was currently running one of the company’s premises in Saltaire

  Members were informed that although the applicant operated two premises adjacent to Archie’s, the proposals for this venue would differ and the style of the operation would change during the day and week-end.  The premises would be offering breakfast, lunch and dinner and on Fridays and Saturdays would provide a party atmosphere with a small dance floor being available for patrons to have a dance if they wished to.  This type of offer operated by the applicant had proved successful in Saltaire

  Mr Whur referred to the additional nine measures being sought by LCC EPT, as set out in Appendix D of the submitted report and stated that with the exception of no.1 – which related to opening hours and no.7 – which related to the use of the outside area, the applicant was happy to agree these measures

  In terms of the representations by local residents, Mr Whur considered that concerns that other premises would seek to extend their opening hours if this license was granted were not relative considerations as each application had to be considered on its merits.  For the avoidance of doubt, Mr Whur stated that there was no wish to extend the hours of the applicant’s two other premises in this area, The Hop and The Candle Bar

  In terms of noise nuisance, Mr Whur informed Members that the music offer would be situated at the rear of the premises and that there was an exit door which would enable patrons to exit the premises directly into the Dark Arches.  To assist in managing people leaving the premises, doorstaff from the applicant’s other adjacent premises would be available as these premises closed earlier

  To address concerns about noise break out, an acoustic lobby was proposed for the front of the premises, with a planning application for this currently being processed.  To demonstrate the applicant’s commitment to addressing issues of noise nuisance, an acoustic lobby was also proposed for The Candle Bar and reference was made to the work which had taken place with EPT to address issues of noise which had occurred in the past at The Hop

  In response to questions from the Licensing Sub-Committee, Mr Whur advised that the applicant would work with taxi operators and put in management controls relating to patrons leaving the premises

  In response to a question from the Chair about there being no provision for drinking up time in the hours applied for, Mr Whur confirmed this was in fact an office error and he suggested that the Licensing Sub-Committee might wish to consider an additional 15-30 minutes on the hours being sought to allow for this.  Mr Whur reminded the Sub-Committee that a premise could in fact stay open with no impact from the regulators who would unable to police it.   Mr Whur went on to say that the only mechanism by which to challenge a premise which stayed open for longer than its operating hours would be to review the licence, however, no good operator would do that

  The Panel then heard from Mr Mudhar of the LCC EPT who stated that the premises were in a mixed-use area which included 282 apartments and a 14 storey hotel, with there being 300-400 residents within 35m of this bar

  The main concern of EPT was the outside area, with Officers being of the view that the applicant had not addressed the issue of how noise from patrons smoking and talking in this area would be controlled.  Furthermore, if granted a license to 01.00 hours,- this being later than some other bars in the area - the premises could attract customers seeking a last drink.  There were also concerns that other premises might wish to apply for longer hours if Archies was granted the hours being sought

  In response to questions from Members, Mr Mudhar stated that the EPT had a duty to protect against noise nuisance and that the most effective method was the restriction of opening times.  He also stated that the EPT would be content with a closing time of 00.30; were content with the 07.30 opening time and confirmed that there had only been one complaint received by EPT in relation to The Hop, since 2012 and indicated that he was encouraged with the work which had been done to address noise nuisance issues at those premises

  In summing up, Mr Whur stated that in respect of the use of the outside area, this would not be permitted after 23.00, apart from use as a smoking area, although no drinks could be taken outside after that time

  The Licensing Sub-Committee carefully considered the application, noted the additional information submitted on behalf of the applicant and the EPT and considered the verbal representations which had been made and the written representations which had been submitted, including those of 11 local residents.  The Sub-Committee also noted that agreements had been reached with West Yorkshire Police and the Health and Safety Team on suggested control measures and that points 2, 3, 4, 5, 6, 8 and 9 of the EPT’s representation set out in Appendix D of the report before Members had been agreed and would be incorporated into the operating schedule.  The Sub-Committee also had regard to the possibility of incorporating a period of drinking up time in the opening hours to be considered

  RESOLVED -   That the application be granted for the sale by retail of alcohol (for consumption on the premises) and recorded music from 07.30 until 00.00 Sunday to Thursday and 07.30 – 01.00 Friday and Saturday, subject to the agreed additional measures with West Yorkshire Police, the Health and Safety Team and the incorporation into the operating schedule of points 2, 3, 4, 5, 6, 8 and 9 of the EPT’s suggested measures, as set out in Appendix D of the submitted report and an additional condition to state ‘ Patrons shall not be permitted to use the external area to the front of the premises between 23.00 and 07.30 except for smoking which will be permitted until the premises close’