Agenda item

The report of the Head of Elections, Licensing and Registration advises Members of an application made under Section 34 of the Licensing Act 2003 ("the Act") to vary a premises licence at The Hedonist Project, 156 Briggate, Leeds, LS1 6LY.

(Report attached)

This was an application to vary a premises licence made by Oenotheque Limited for Hedonist Project, 156 Briggate, Leeds, LS1 6LY,

The application sought approval to extend the hours until 02:00 hours for each licensable activity currently permitted by the premises licence, and to extend the opening hours to read Monday to Sunday 08:00 hours until 02:30 hours. The application also suggested additional measures that included substantial food being available until the close of business and a minimum of 40 seats to be available at all times.

Members noted that the premises were within the ‘red zone’ of the Leeds City Centre Cumulative Impact Area (CIP).

Representations opposing the application in its entirety had been received from West Yorkshire Police (WYP) and the Local Licensing Authority. Both representations were made on the grounds of the premises location within the ‘red zone’ of the City Centre Cumulative Impact Area (CIP).

Members were informed of the history of the premises and noted the following points:

·  Premises licence initially granted on 26^th July 2007. At that time trading as Wokon Noodle Bar

·  The transfer of the licence to the current holder Oenotheque Limited was made on 28^th September 2015 , with no representation from WYP

·  A Minor variation to play recorded and live music on Fridays and Saturdays from 23:00 until 00:00 hours had attracted representation from WYP regarding the prevention of crime and disorder. Proposed measures requested by WYP were accepted by the applicant and the minor variation granted.

·  The Hedonist Project had applied for Temporary Event Notices (TEN’s) to extend the terminal hour for events where on average the finishing time had been 02:00 hours.

Dan Crowther, Bruce Lerman and Tom Finnon of The Hedonist Project attended the Licensing Sub-Committee they were represented by Paddy Whur of Woods Whurr 2014 Limited.

At the request of Mr Whur the Members accepted additional documents for consideration. The documents were circulated to all parties.

Mr Whur addressed the Sub-Committee and informed the Members that he realised the premises falls within the ‘red zone’ of the CIP but was of the view that the hours applied for were not out of character with the area and would not add to the impact already experienced. Mr Whurr drew Members attention to 7.3 and 8.2 of the submitted report.

Mr Whur informed Members that he believed this was exceptional for the following reasons:

·  The owners work at the premises

·  The venue was to attract young executives and older customers

·  Education and masterclasses to be held at the venue

·  The Hedonist Project rebrands every 3 months was previously Whiskey and Liquor for the winter season and gin led for the spring summer season

·  Unique in the fact that would make 40 seats available although could hold up to 50

·  The premises was of a modest size in comparison to neighbouring establishments

·  Substantial food menu available all day

·  Premises licence was well conditioned

·  TEN’s applied for with no objections and proved could operate to the proposed hours with no issues of crime or disorder

·  The premises would focus on one type of spirit and sell only wine, bottled specialist beers and lagers, and soft drinks

Sgt. Shaw of WYP informed the Sub-Committee that the premises was located in the CIP ‘red zone’. The Area was extremely busy at weekends and the area was not safe with crimes of assault, theft and sex offences recorded within the area.

Sgt. Shaw believed that no recorded crime and disorder had been made in relation to Hedonist Project because the premises were not open after midnight. He believed that there was not sufficient evidence after 5 or 6 TEN’s to prove that management was able to cope with extended hours.

The Members were informed that at a meeting with PC Arkle she had told owners that an objection would be raised for any extension of hours at the premises.

He said that the concept of a ‘gin bar’ was not a new idea with similar establishments opening all over the country. He was of the view that this operation would attract new customers raising footfall in the area.

Sgt. Shaw said that he did not believe that serving food until 2.00am was sufficient or sustainable. He also highlighted the fact that the operation spoke of seats for 40 and this was not the same as covers for 40.

In response to Members Sgt. Shaw said that if the operation was in a different area of the city there would be no objection but the location of the premises was in an already saturated area and there was a need to protect the public.

Mr Whur informed Members that he did not believe that the bar would attract additional footfall and that the hours applied for would mean a gradual dispersal from the area.

Mr Whur referred to 7.20 and 7.23 of the Cumulative Impact Policy.

The Officer from the Licensing Authority reiterated the facts that the premises had initially been granted a premises licence for a fast food restaurant but had closed shortly after opening. For £23 the Premises Licence had transferred to the applicant and following a refurbishment another bar had been opened in the area.

The Officer informed the Sub-Committee after midnight that area of the city is ‘heaving’ with pavements packed and fears that an accident will occur.

The Licensing Authority and WYP had no objection to an earlier opening time at the premises.

Mr Whurr in his summing up quoted the Brewdog case which had been part of the documents submitted at the start of the hearing. Minute 180 refers.

RESOLVED - That the Licensing Sub-Committee carefully considered all the information put before them but the view of the Members was that the application was not exceptional and had not rebutted the presumption of refusal.

The Sub-Committee did approve the earlier opening time of 08:00am but refused the late terminal hours.