Agenda item

To consider the report of the Head of Elections, Licensing and Registrations on an application to vary a premises licence, made by The Craft Union Pub Company Ltd, for The Thomas Osbourne Street Lane, Roundhay, Leeds, LS8 1AP.

This was an application to vary a premises licence held by the Thomas Osbourne Street Lane, Roundhay, Leeds, LS8 1AP. The application was made by The Craft Union Pub Company Ltd. Representations had been received from Health and Safety, Environmental Protection Team and West Yorkshire Police in their capacity as a responsible authority.

Prior to the hearing measures had been agreed with Health and Safety and West Yorkshire Police.

The representation from the Environmental Protection Team was still a matter for Members consideration.

The Licensing Officer informed the Sub-Committee of the history of the premises which included:

·  6^th May 2011 an application for a premises licence this was granted.

·  25^th October 2011 a minor variation was applied for structural alterations this was granted.

·  13^th November 2012 a minor variation application was applied for to change a condition relating to door men, this was granted.

·  8^th January 2016 a minor variation for structural alterations was applied for and granted.

·  15^th June 2016 a variation application was submitted to extend the hours for sale by retail of alcohol, films, live and recorded music, late night refreshment and to remove and add conditions.

·  There have been various Designated Premises Supervisors and licence transfer applications submitted

The applicant The Craft Union Pub Company Ltd had applied to extend the hours of sale by retail of alcohol, films, live, and recorded music to 10:00 to 00:00 Sundays to Thursdays and 10:00 to 01:00 Fridays and Saturdays. Late night refreshment 23:00-00:00 Sundays to Thursdays and 23:00 -01:00 on Fridays and Saturdays. They also wished to remove and add certain conditions.

In attendance at the hearing were Richard Taylor of Gosschalks Solicitors and Liz Davies of The Craft Union Pub Company Ltd.

Mr Taylor informed the Members that The Craft Union Pub Company currently operate 67 pubs. They had had the Thomas Osbourne since November 2015 and had had no problems. He said that they were only applying for an extra 30 minutes Sunday to Thursday and an extra hour at the weekends.

He went on to inform the Sub-Committee that the pub had used Temporary Event Notices (TEN’s) to date with 02:00am as the terminal hour for St Patrick’s Day and bank holidays. He said that no complaints had been received from local residents and this was due to the policies and operation of Liz Davies. He went on to explain that the DPS does not work behind the bar on Fridays or Saturdays but worked the floor dealing with any issues that may occur and said that the dispersal policy used was good.

Mr Taylor drew Members attention to page 18 of the agenda which the Environmental Protection Team had highlighted that they had received no complaints from local residents.

In response to questions from Members in relation to the use of the TEN’s Ms Davies informed the Members that no new clientele had been admitted entry after 01:00am when open till 02:00am.

Ms Davies informed the Members that they were trying to create a local pub for local people with pub teams including a darts team.

It was noted that the Thomas Osbourne would be the only pub in the area that would be open until late.

The Sub-Committee were informed that it was not the intention to attract new clientele. However they would not stop people coming in to the premises after midnight.

Members noted that the premises employed two door staff on Fridays and Saturdays and also on Sundays when it was bank holiday. It was also noted that the premises attracted 150 people on average.

Members raised concerns in relation to the location of the car park and the residential properties and how door staff would control the outside of the premises. They were informed by Ms Davies that they would operate as they do currently and no complaints had been received.

Members were informed that the Thomas Osbourne was a vertical drinking establishment.

The Officer from Environmental Protection Team informed the Sub-Committee of his concerns which were:

·  The close proximity of the car park and the residential properties which backed on to the premises

·  Poorly driven cars

·  Headlights of the cars

·  Car stereos

·  That the door staff would be unable to manage the outside space effectively

The Officer highlighted the fact that the other public houses in the area currently had the same terminal hours and the concern would be that to grant extended hours would open the way for others to apply.

The Officer said that TEN’s were acceptable for celebrations such as Christmas and New Year and people expected and accepted that public houses stayed open late for these celebrations.

The Officer was of the view that if the terminal hour was extended it would start to cause complaints from residents as the door staff would not be able to control the noise outside.

The Licensing Officer advised Members of the non-standard timings.

Mr Taylor quoted paragraph 63 of the Thwaites case.

He reiterated that the premises was already open till 11:30 and when working under a TEN’s where the terminal hour was 02:00am no complaints had been received which showed that the policies used were effective.

RESOLVED - That the Licensing Sub-Committee had taken in to account the representation by Environmental Protection Team but as there was no clear evidence to objection from the public or responsible authorities, it agreed to grant the application as applied for with the measures agreed with the responsible authorities prior to the hearing.