Agenda item

To consider the report of the Head of Elections, Licensing and Registration on an application to vary an existing premises licence, made by Mr N Hanby and Mrs A Hudson, for Apres Cafe Bar, 179 High Street, Boston Spa, Wetherby, LS23 6AA.

The Sub Committee considered the report of the Head of Elections, Licensing, and Registration on an application to vary an existing premises licence held at the premises known as Après Café Bar, 179 High Street, Boston Spa. The application sought to increase the hours for the sale of alcohol and recorded music; and to add live music, films and performance of dance to the operating schedule. The applicant also wished to include the basement areas, as indicated on the submitted plan, for the provision of licensable activities for up to 24 patrons.

The application had attracted representations from West Yorkshire Police (WYP), LCC Environmental Protection Team (EPT) and from local residents. Prior to the hearing, the applicant had agreed measures proposed by LCC EPT and WYP which amended the hours of provision as follows:

·  Sale by retail of alcohol – Monday to Sunday from 10:00 to 00:00 hours

·  Performance of dance – Monday to Sunday from 10:00 to 00:30 hours

·  Exhibition of films – Monday to Sunday from 15:00 to 23:00 hours

·  Provision of live music – Monday to Sunday from 10:00 to 00:30 hours

·  Recorded music – Monday to Sunday from 10:00 to 00:30 hours

·  The opening hours of the premises – Monday to Sunday from 10:00 to 00:30 hours

·  Non-standard hours:  Licensable activities to take place on Christmas Eve and New Year’s Eve from 10:00 to 03:00 hours

Mr M Emadi and Ms L Elongo attended the hearing as agents for the applicants – Mr N Hanby and Mrs A E Hudson. Councillor G Wilkinson, Wetherby ward councillor, attended to represent a number of local residents.

Mr Emadi explained that he had taken over the lease of the premises from Mr Hanby. He outlined the proposed style of operation for the premises adding that he had been in the restaurant business for some years and had operated Sir Duke’s restaurant/bar in Wetherby for two years, noting that no complaints had been received from either WYP or LCC EPT about the Sir Dukes premises. He intended to operate Après Café Bar with a similar management structure to Sir Dukes - with a General Manager, Assistant Manager and a Supervisor.

Mr Emadi confirmed that the reduced hours of operation had been agreed with LCC EPT and WYP and would be in accordance with other local establishments, including Fifty 50, La Casita and Boston Spa Stew & Oyster.

Mr Emadi explained that he wished to create a social hub for the area, utilising the basement area and to offer something different to the community; including showing films, holding coffee mornings to help local communities and support charitable concerns. Mr Emadi stated that there were no proposals to run a late-night revellers bar. 

In response to questioning about noise concerns, Mr Emadi explained that the premises were currently closed for refurbishment which included new double-glazed windows which would reduce noise escaping from the premises. The previous windows had been single-glazed.

Councillor Wilkinson then addressed the Sub Committee on behalf of Boston Spa Parish Council, Councillor Procter and a number of local residents in relation to some of the objections. He described the premises as being in the centre of a quiet, rural village although noted the main A659 ran through it. He stated that although local residents would welcome the proposals to regenerate the premises, there were concerns that 150 residents lived within 100 yards of the premises and any noise escaping from the premises could be detrimental to those residents.

He noted that the reduced hours for the sale of alcohol until midnight were in accordance with other operators in the village.

Councillor Wilkinson addressed the issue of live music and referred to a previous Sub Committee hearing in 2009 when LCC EWPT had commented that the venue was not suitable for live music provision. He queried whether the venue was suitable now and expressed his preference for music to be unamplified.  He also noted that live music would finish at 00:30 hours - the same as the terminal hour – and expressed his view that live music should finish at 00:00 midnight to allow patrons to finish their drinks and leave the premises quietly. In conclusion, Councillor Wilkinson stated that he had no objection to the proposed 03:00 terminal hour for New Year’s Eve, but suggested that 01:00 hours would be more appropriate for Christmas Eve,

In response to these comments, Mr Emadi suggested that, having reviewed the premises and the new double glazing, LCC EPT had not objected Additionally, Mr Emadi stated that he did not intend to hold a disco at the premises and any music would be at an appropriate volume so that customers were happy. Having regard to the comments, Mr Emadi suggested a compromise in order for live music to cease at 00:15.  He also offered 01:30 hours terminal hour on Christmas Eve.

The Sub Committee carefully considered the application, having regard to the written representations, the statutory guidance and the comments made at the hearing.

RESOLVED - To grant the application as amended through the agreements reached with the Responsible Authorities, subject to the following:
Live music - Monday to Sunday from 10:00 to 00:00 hours
Non-standard hours licensable activities -

Christmas Eve from 10:00 to 01:30 hours

New Year’s Eve from 10:00 to 03:00 hours

All other conditions as agreed with West Yorkshire Police and Environmental Protection are to be included on operating schedule of the licence