Agenda item

To consider the report of the Head of Elections, Licensing and Registration on an application for the grant of a premises licence, made by Potting Shed Trading Limited, for Potting Shed, Oxford Road, Guiseley, Leeds, LS20 8AA.

The Sub Committee considered the report of the Head of Elections, Licensing and Registration on an application made by Potting Shed Trading Limited for the grant of a Premises Licence for The Potting Shed, Oxford Road, Guiseley LS20 8AA.

In brief, the application sought the provision of live and recorded music and sale of alcohol Monday to Saturday 10.00 am until 01:00 hours, and on Sundays from 10.00 am until 23:30 hours. Late night refreshment was proposed Monday to Saturday from 23:00 until 01:30 and Sundays 23:00 until 23:30. Non-standard timings to extend hours of operation at Christmas, New Year and British Summer time were also sought.

No representations had been received from the Responsible Authorities however one member of the public had submitted a representation. The following were present at the hearing:

Mr Whur addressed the Sub Committee first and informed Members that the applicant had a number of other premises in Bingley, Beverley, Northallerton and other locations. The Guiseley venue was formerly occupied by HSBC bank, and a refurbishment of £750,000.00 to £1m was proposed to establish the business which in turn would create 50 new jobs.

Mr Whur explained that the main focus would be a “Family Friendly” food orientated venue – there would be a large seating area, waiter service and an acoustic lobby, to assist in ensuring any escape of noise from the premises would be kept to a minimum. Additionally, the live music to be offered would be largely solo or duo performers; and the external area had been orientated away from the nearest residents. A number of conditions were offered by the applicant and detailed at pages 5 to 9 of the report which sought to ensure the promotion of the licensing objectives. The applicant had also held pre application meetings with the responsible authorities – and no responsible authority had felt it necessary to make a representation in respect of the application.

In reply to a Members’ query,  who pointed out that this application sought the longest hours of operation in the area, Mr Whur stated that the requested hours mirrored those operated in the applicants other premises. The other premises, specifically the Northallerton site which had a much larger garden/external seating area, operated without incident – with the exception of one isolated incident at the Bingley premises in 2016.

The Sub Committee then heard from Mr Verge who appeared on behalf of a resident who lived 80 metres away from the proposed premises. He advised that one of the applicants other Potting Shed premises in Bingley had been the source of noise complaints. There was concern that this Guiseley premises would also be a source of noise and related issues. Mr Verge also highlighted that the external terraces and seating area had been included within the ‘red line boundary’ for the licensed area and queried what activity was proposed within that area. Planning permission had not yet been granted and Mr Verge requested that this application be deferred until the planning application had been determined.

In responding to the points made, Mr Whur advised that quite often planning and licensing applications “run parallel” and invariably, one application would be determined before the other. He explained the issues with the Bingley premises which had led to a Review of that Premises Licence and the action taken since then  - the person responsible was no longer with the company and lessons had been learnt. Ms Renner provided additional information on the management of the external areas; as well as doorstaff provision and Members received assurance that smokers would be located to the rear of the premises (from 22.00 hours).

The Sub- Committee carefully considered the application as presented and the submissions made at the hearing by Mr Whur and Mr Verge.

During their deliberations, Members sought to clarify the applicants’ stance on the inclusion of the external terraces and areas within the licensed area. On receipt of an offer to remove those two areas from the application, Members continued their deliberations, having regard to the Licensing Act 2003, the Section 182 Guidance and the conditions offered by the applicant.

RESOLVED – To grant the application as varied by the applicant (namely that the roof terraces and external areas would be removed from the premises licence application as no licensable activities will be undertaken in these areas).

Subject to the following Conditions:  

·  The applicable mandatory conditions;

·  The conditions offered by the applicant and detailed in the application