Agenda item

To consider the report by the Director of Legal and Democratic Services on an application made under the Licensing Act 2003 for the grant a time limited Premises Licence in respect of land situated within the car parks at Granary Wharf, Leeds LS1

APPLICATION FOR THE GRANT OF A TIME LIMITED PREMISES LICENCE - “CAR PARKS AT GRANARY WHARF”, LEEDS LS1

On 20^th June 2006 the Licensing Sub Committee heard an application made by Mr S Sagoo of Logistik Ltd, Carlton Mills, Pickering Street Leeds LS12 2QG, for the grant of a Time Limited Premises Licence in respect of the Car Parks area (near to Blank Canvas) at Granary Wharf, Leeds LS1.

The application sought was as follows:

-  Dates

  Saturday 29^th July 2006 until Sunday 30^th July 2006

-  Sale and supply of alcohol (for consumption on and off the premises):

Saturday    14:00 hours until 02:00 hours the following day 

Sunday  14:00 hours until 00:00 midnight

-  Live Music, Recorded Music, Performances of Dance, provision of facilities for dancing;

Saturday    14:00 hours until 02:00 hours the following day 

Sunday  14:00 hours until 00:00 midnight

-  Provision of Late Night Refreshment:

Saturday    14:00 hours until 02:00 hours the following day 

Sunday  14:00 hours until 00:00 midnight

The Sub Committee noted that the car park area was a public car park and ordinarily was open 24 hours per day 365 days of the year. The event would involve the creation of two outdoor arenas where entertainment would take place. Previously this site had benefited from a Public Entertainment Licence under the former licensing regime.

This letter represents the formal decision of the Sub Committee in respect of the application.

Preliminary Procedural Issues

The Sub Committee considered preliminary matters of a purely procedural nature. 

There were no declarations of interest made.

The Sub Committee then decided that the procedure for the hearing would not be varied. The Sub Committee also considered if the public should be excluded from any parts of the hearing.

The Sub Committee decided to exclude the public from that part of the hearing where Members would deliberate on the application as presented. This would allow them to have a full and frank discussion on all matters put before them and this fact outweighed the public interest in not doing so.

Prior to the hearing the Sub Committee had considered the Licensing Officers Report which contained the application as submitted along with a Pro Forma Risk Assessment completed by the applicant.  LCC Environmental Health Services had made representation on the application and a copy of their submission was included within the papers. Mr R Bilsborough and Ms J Hartley represented LCC Environmental Health Services at the hearing.

The Sub Committee noted that the applicant had reached agreement with West Yorkshire Police on measures proposed by them, and that LCC Health & Safety and West Yorkshire Fire & Rescue Service had not made a representation on the application

The Sub Committee permitted each party 10 minutes in which to make their case. This time limit was imposed having regard to the relevant Regulations and in the interests of consistency and the efficiency of business.

The Sub Committee then went on to consider the application. 

The Hearing

The Sub Committee considered the verbal submissions made by Mr S Sagoo, the applicant, who attended the hearing and described the nature of the application and addressed the comments of the interested parties. Mr Sagoo was accompanied by Ms J Fox

In determining the application the Sub Committee took into account all written submissions contained within the report which had been circulated prior to the hearing.

After considering the evidence and submissions the Sub Committee needed to satisfy itself that granting the application would promote the licensing objectives.

In reaching this decision the Sub Committee had regard to the provisions of the Licensing Act 2003, guidance under Section 182 of that Act and the Council’s own Licensing Policy.

In particular the Sub Committee took into account Sections 17 & 18 of the Act because these were the most relevant to the application and Chapter 7 of the Guidance relating to the prevention of crime and disorder, public nuisance and public safety

The Sub Committee then went onto consider the following paragraphs of the Licensing Policy as the Sub Committee took the view these paragraphs had bearing on the application

11:05 to 11:10  Crime & Disorder

11:11 to 11:22   Public Safety

11:23 to 11:28  Public Nuisance

The Sub Committee decided the cumulative impact policy did not apply to this application.

Reasons for the decision

The Sub Committee first considered the representation made by Mr R Bilsborough on behalf of LCC Environmental Health Services.

Mr Bilsborough began by stating the department had first submitted a representation in May 2006 due to concerns about the proposed open-air nature of the event and its proximity to noise sensitive flats and apartments. However Mr Bilsborough reported that following discussions held the previous day, the applicant had agreed to abide by all the measures proposed by the department.

Additionally the applicant had agreed that all noise from the outdoor arenas (Arena 1 and Arena 2) would cease by 23:00 hours on each event day – this to include noise emitted by the clear up. The event would then continue within the indoor arena and would be monitored as per the LCC Code of Practice regarding pop concerts. Furthermore the applicant had agreed to submit a Noise Management Strategy to LCC Environmental Health Services within 7 days.

In summary the agreed conditions were reported as

1  The applicant to abide by the Code of Practice for Concerts

2  The applicant will close the 2 outdoor arenas by 23:00 hours

3  The applicant will achieve inaudibility from the 2 outdoor arenas within noise sensitive premises after 23:00 hours

4  The applicant will forward a Noise Management Strategy for achieving 1) to 3) above to LCC Environmental Health Services within 7 days

These agreed conditions would now form part of the Operating Schedule attached to the Time Limited Premises Licence should it be granted.

The Sub Committee then went onto consider the submission made by Mr Sagoo, the applicant.

Mr Sagoo began by stating that he was happy to agree all of the conditions suggested by LCC Environmental Health Services, and confirmed that he had already made agreements with West Yorkshire Police, as he was keen to secure the future of the event. However, having made agreement to close the outdoor arenas at 23:00 hours, he was mindful that he had lost 3 hours of entertainment and was concerned that the loss of this time would affect the viability of the event. Therefore he requested that the Sub Committee consider an amendment to the application to allow the event to commence earlier in the day.

Mr Sagoo was advised that the Sub Committee could not amend an application to allow longer operating hours. Furthermore, to do so would not allow all interested parties to make any representation on this change, therefore he was advised that to open the event earlier would require a further application and representation period.

The Sub Committee noted the comment from Mr Bilsborough that LCC Environmental Health Services would not make a representation should the event open earlier in the day and Mr Sagoo was advised that should the Time Limited Premises Licence be granted today, he should make immediate application to vary this Licence stating the requested earlier start time.

The Decision

The Sub Committee were persuaded by the submission made by the applicant he had taken had taken sufficient steps to promote the stated licensing objectives. Members welcomed the agreements already made with LCC Environmental Health Services.

Therefore, having regard to the submissions of the applicant and interest parties and relevant parts of the Licensing Act, the Sub Committee resolved to grant the application as now amended by the applicant. The Time Limited Premise Licence would now include all those measures as agreed with LCC Environmental Health whish would now be included within the Operating Schedule for the Licence 

Dates – granted as requested

Saturday 29^th July 2006 until Sunday 30^th July 2006

Hours and Licensable Activities – granted as amended

Sale and supply of alcohol (for consumption on and off the premises):

Saturday    14:00 hours until 02:00 hours the following day 

Sunday  14:00 hours until 00:00 midnight

Indoor Live Music, Recorded Music, Performances of Dance, provision of facilities for dancing;

Saturday    14:00 hours until 02:00 hours the following day 

Sunday  14:00 hours until 00:00 midnight

Outdoor  Live Music, Recorded Music, Performances of Dance, provision of facilities for dancing (provided in Arena 1 and Arena 2);

Saturday    14:00 hours until 23:00 hours 

Sunday  14:00 hours until 23:00

Provision of Late Night Refreshment – granted as requested

Saturday    14:00 hours until 02:00 hours the following day 

Sunday  14:00 hours until 00:00 midnight

There is a right of appeal to the Magistrates Court should you be dissatisfied with the decision made by the Sub Committee. You must make this appeal within 21 days of this letter reaching you. Appeals should be addressed to the Magistrates Court at:

Clerk to the Justices

Leeds Magistrates Court

Westgate

Leeds

LS1 3JP

Appeals should be accompanied by a copy of this decision letter and the court fee of £75.00

Yours Faithfully,

Helen Gray

Clerk to the Licensing Sub Committee