Agenda item

To consider  a report of the Head of Elections, Licensing and Registration on an application for the grant of a premises licence for The E Den, Arch 3, Church Walk, Leeds, LS2 7EG

The Sub Committee considered an application for the grant of a premises licence, made by Your Eco Solutions Ltd, for The E Den, Arch 3, Church Walk, Leeds, LS2 7EG. The premises are located within the Cumulative Impact Area for Area 1 – City Centre Green Zone.

 

In summary the application sought to allow the premises to operate Sunday to Thursday 09:00 until 03:00 and Friday & Saturday 09:00 until 06:00 (to include regulated entertainment to cover customers use of online video gaming stations to play on X Box, PlayStation, PCs etc. with late night refreshment and the sale of alcohol Sunday to Thursday 11:00 until 03:00, Friday & Saturday 11:00 until 04:30)

 

Representations had been received from LCC Environmental Protection Team (EPT), West Yorkshire Police (WYP), local Ward Councillor M Iqbal and members of the public.

 

It was noted that the applicant had reached agreements with LCC EPT and the representation had been withdrawn, subject to the agreed measures being included on the Premises Licence should the application be granted. This subsequently amended the application as follows:

Anything of a similar description to that falling within live music, recorded music and performance of dance

Monday to Wednesday 09:00 until 00:30 hours

Thursday to Sunday 09:00 until 01:30 hours

Late night refreshment

Monday to Wednesday 23:00 until 00:30 hours

Thursday to Sunday 23:00 until 01:30 hours

Supply of alcohol

Monday to Wednesday 09:00 until 00:30 hours

Thursday to Sunday 09:00 until 01:30 hours

 

Furthermore, at the start of the hearing it was noted that the applicant had reached agreements with WYP on 14^th November 2016; leading to WYP withdrawing their representation, subject to the agreed measures being included on the Premises Licence should the application be granted. The agreements were read out at the meeting:

Sales of alcohol shall be

11:00 until midnight - Monday to Wednesday: premises close at 00:30 hours 11:00 until 01:00 - Thursday to Sunday: premises close at 01:30 hours

 

Other licensable activities applied for shall be from 09:00 until close

 

Late night refreshment shall be from 23:00 until close

 

Premises opening hours shall be from 09:00 until 00:30 on Monday to Wednesdays and 09:00 until 01:30 on Thursdays to Sunday

 

To supplement the conditions offered in the application and to address police concerns, the following conditions were also agreed:

·  There shall be no person under the age of 18 on the premises after 22:00 hours.

·  Persons identified by West Yorkshire Police to the management shall be denied entry to the premises.

 

The Sub Committee noted that the hours of operation agreed between the applicant and WYP further reduced the hours of operation of the premises.

 

The hearing was attended by:

Mr J Nelson – applicant and Designated Premises Supervisor

Mr T Alston – observer

Ms N Ram – member of the public

Ms J Nicholson – member of the public

Ms B Keeble – member of the public

 

Mr Nelson, the applicant, explained the proposed style of operation of the premises as primarily a venue where gamers could meet and play electronic and on-line/x-box/PlayStation and PC games. Traditionally gamers played remotely, indoors; and he intended this venue as place where they could meet, socialise and play together. He assured Members that alcohol would be secondary to the main purpose of the venue as a gamers meeting place. He explained that only a very small bar area would be available with the main refreshments being soft drinks - the alcohol offer would be limited to two draughts - one beer and one cider. There would be no admittance to Under 17s, unless accompanied by an adult and all Under 17s would be required to leave the premises by 22:00 hours. The venue was across two floors with the main gaming area on the first floor – he confirmed he was in talks with West Yorkshire Fire & Rescue Service about the installation of a stair lift so that disabled players could gain access. A disabled toilet was included in the plans for the venue.

 

Mr Nelson addressed the comments made in a recent newspaper article which he stated misrepresented the purpose of the venue. Mr Nelson also highlighted the closing times of other licensed premises in the locality and stated he wished to close his premises half an hour earlier than local bars/pubs as he did not want those patrons seeking to gain entry for “last orders” at this e-gaming venue. He noted that none of those venues employed doorstaff and he hoped that he would not be required to.

 

During questions from the Sub Committee on the contents of the pro-forma risk assessment included with the application, Mr Nelson provided the following additional information:

-  All staff would be Personal Licence Holders and  would be instructed on implementing a proof of age scheme

-  The venue had a capacity of 70 persons

-  A system would be in place whereby the venue would act on information from WYP of possible undesirable persons who they would then prevent from gaining entry

-  In order to prevent customers disturbing local businesses/residents, Mr Nelson would seek to prevent people accessing the shared Church Row car park adjacent to the row of business by blocking/cordoning off the access. He noted that all businesses in the row had a key to the car park and it was locked after the last worker left. He also noted that currently, there were difficulties when members of the public accessed that car park after hours

-  Mr Nelson acknowledged that this area experienced problems and the concerns of local businesses that this e-gaming venue would attract unruly people, however he stated that they would not gain entry to the venue, such people were not allowed access to any of the other bars/pubs in the area either.

 

At this point, during questions about the applicants’ non-membership of “Pubwatch” and “BACIL” Mr Nelson confirmed that he had not seen the completed Pro-forma risk assessment although he had discussed some elements of the form with his accountant who completed it on his behalf, he had not seen the document. The Sub Committee commented on this, however Members agreed to adjourn for a short while to allow Mr Nelson and a Licensing Officer to discuss the document. On resuming the hearing, the Licensing Officer confirmed that, having reviewed all of the areas where the applicant had not indicated measures would implemented, Mr Nelson now offered the following:

7PF003 relating to a CCTV system

7PF013 relating to provision of CCTV information to WYP on request

7PF022 to be amended to refer to the DPS

7PF 026 and 7PF027 relating to searches to be removed as no Doorstaff would be on site to undertake searches

7PF029 to be removed

7PF030 to 7PF033 all to be attached as conditions

7PF044 relating to membership of “Pubwatch”

 

The Sub Committee then heard from members of the public who had submitted representations about the application.

 

Ms Ram spoke on behalf of the Twinkles Nursery located within the row of businesses on Church Walk. Ms Ram spoke of her concerns relating to the provision on alcohol within the application. Ms Ram explained that the Church Walk area had experienced incidents of anti-social behaviour in the past and had worked with WYP to combat this. She was concerned that, as Eden would open at 11:00 hours, the staff, children and parents attending the nursery would feel less safe when accessing the walkway. This was a gated area, but people unrelated to the business did still gain access. She expressed concern about the likely increased use of the area later at night. She also reported on the reduction of police presence in the city area and the lack of police capability to arrest people. She noted that the side of the nursery grounds was located under a railway bridge where people congregated and that drug taking and exchanges happened close by. Ms Ram queried how the applicant could guarantee his patrons were safe and not a risk if he could not conduct searches without employing doorstaff. In conclusion, Ms Ram questioned the applicants’ decision to propose the venue in this location and what the link was between alcohol and gaming. She stated that any new business in this location would need to be child-friendly, being so close to Twinkles Nursery.

 

In response to questions from the Sub Committee, Ms Ram provided additional information; clarifying that the arch was currently empty and that there were ongoing problems in the car park, plus other incidents aimed at the nursery – such as a recent firework attack. Following the reduction of the police presence, the number of incidents had increased.

 

Ms Keeble from Beattie Communications located on Church Walk then addressed the hearing. Ms Keeble stated that safeguarding was a primary concern as the staff comprised of young women and clients often visited the business. Currently, the front door was kept locked as people approached staff or knocked on the door. She believed that Eden would invite more people into the car park which was already misused. Staff used the car park often very early or later at night and she stated that it could feel threatening with people in the shadows and if the gate was open, with people close-by Street drinking, it would not feel safe. Ms Keeble added that she could see the attraction of creating a venue for gaming, however she did not think that alcohol should be adjacent to the gaming area for young people. She felt that this was the wrong location for this venture as it was across the road from the Drug and Alcohol rehabilitation centre and businesses in the Church Walk area had witnessed drug use, anti-social behaviour and street-drinking amongst the service users outside the centre. A new premise such as Eden would attract their interest and without security, the applicant would not be able to keep them out and it would attract trouble. She noted that the Co-op employed security guards and they were not always able to prevent anti-social behaviour. In conclusion, Ms Keeble felt that the area suffered with anti-social behaviour which needed addressing before this new venue opened.

 

In response to the Sub Committee’s queries, Ms Keeble provided additional information; including her personal experience of threatening behaviour in the car park when a man had approached her and exposed himself to her. Although she did not have a log of incidents at the hearing, there would be records of the liaison undertaken between Beattie Communications and Network Rail (who owned the arches). Church Walk was a no-through road; the car park was open through the day and locked when businesses closed.

 

Mr Nelson then concluded his submission by addressing the comments made by the objectors and responding to queries:

·  Beattie Communications, Manchester office was located adjacent to a gaming centre

·  Each arch business was allocated two parking permits in the car park; however he had seen more than 8 Twinkles Nursery parents using the car park

·  There was no relationship between alcohol and gaming, however this would be a venue where Over 18s attended

·  He queried the authority by which the pedestrian gate to Church Walk was locked

·  He agreed that the area was getting worse in respect of anti-social behaviour but he felt one way to improve it would be to self-police the area as WYP did not have the resources

·  Blocking/cordoning off the car park was a measure he felt could discourage misuse of the car park at night

·  Drug taking and street drinking already occurred in the area, but not actually on Church Walk

·  Wines and spirits may be provided at the venue in the future

·  He anticipated the patrons would largely fall in the 18 to 50 years age range

·  He would employ doorstaff it was necessary, but felt that this could increase intimidation, additionally, none of the bars/pubs in the area employed doorstaff

 

The Sub Committee carefully considered the application before them, alongside the written and verbal submissions from the applicant and members of the public. Members also noted the amended operating schedule subsequent to the agreements reached between the applicant and the Responsible Authorities prior to the hearing and the measures offered by the applicant at the hearing from consideration of the pro-forma risk assessment to address the licensing objectives.

 

The Sub Committee noted the location of the premises and the existing experience of anti-social behaviour in the area. Members noted the likely clientele of the venue and noted that other licensed premises in the area did not employ doorstaff and that WYP had not required this of the applicant.

 

Balancing the application with the submissions made, the Sub Committee felt that the operation of this e-gaming venue would not negatively impact on the anti-social behaviour already experienced in the area. The Sub Committee felt that this applicant would conscientiously adhere to the licensing objectives. The Sub Committee therefore

RESOLVED – To grant the application, subject to the amended operating schedule.

To clarify:

·  The measures included within the pro-forma risk assessment and those offered at the hearing will now be included as conditions on the premises licence.

·  The measures agreed with LCC EPT and WYP shall also be included on the Premises licence with the following hours of operation:

Sales of alcohol

11:00 until 00:00 - Monday to Wednesday (premises close at 00:30hours)

11:00 until 01:00 - Thursday to Sunday (premises close at 01:30 hours)

 

Other licensable activities from 09:00 until close

 

Late night refreshment from 23:00 until close

 

Premises opening hours

09:00 until 00:30 on Monday to Wednesdays

09:00 until 01:30 on Thursdays to Sunday