Agenda and minutes

To seek nominations for the election for the position of Chair.

RESOLVED – That Councillor A Hutchison be elected as Chair for the hearing.

To consider any appeals in accordance with Procedure Rule 15.2 of the Access to Information Procedure Rules (in the event of an Appeal the press and public will be excluded)

(*In accordance with Procedure Rule 15.2, written notice of an appeal must be received by the Head of Governance and Scrutiny Support at least 24 hours before the meeting)

There were no appeals.

1)  To highlight reports or appendices which:

a)  officers have identified as containing exempt information, and where officers consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons outlined in the report.

b)  To consider whether or not to accept the officers recommendation in respect of the above information.

c)  If so, to formally pass the following resolution:-

  RESOLVED – That the press and public be excluded from the meeting during consideration of those parts of the agenda designated as containing exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press and public were present there would be disclosure to them of exempt information

2)  To note that under the Licensing Procedure rules, the press and the public will be excluded from that part of the hearing where Members will deliberate on each application as it is in the public interest to allow the Members to have a full and frank debate on the matter before them.

There was no exempt information.

There were no late items.

To disclose or draw attention to any disclosable pecuniary interests for the purposes of Section 31 of the Localism Act 2011 and paragraphs 13-16 of the Members’ Code of Conduct.

There were no declarations.

To receive and consider the attached report of the Chief Officer, Elections and Regulatory.

The report of the Chief Officer, Elections and Regulatory presented an application for the variation of a Premises Licence held by Rawdon Moustache, 9 Harrogate Road, Rawdon, Leeds.

The Legal Adviser to the Sub-Committee explained the procedures to be followed and the Senior Licensing Officer outlined the application.

The application was as follows:

• Vary the hours for sale by retail of alcohol as follows:

Monday to Wednesday 14:00 to 22:30 (as existing)

Thursday to Sunday 12:00 to 22:30

• Vary the hours the premises is open as follows:

Monday to Wednesday 14:00 to 22:30 (as existing)

Thursday to Sunday 12:00 to 22:30

• The addition of an outdoor seating area to be used for the consumption of alcohol only.

The following were in attendance:

-  Mr C Churm – Rawdon Moustache

-  Mr G Holmes – Rawdon Moustache

-  Mrs M Thompson – Local resident

The applicant addressed the Sub-Committee.  The following was highlighted:

• Additional outdoor seating would be provided for twelve people across two tables.  Social distancing could be applied.  Photographs of the outdoor area had been submitted with the application.  The outdoor seating area would be screened from neighbouring premises and would have a perimeter fence.
• Noise levels would be monitored at all times and there would not be any music played outside.
• The premises were situated in a commercial zone.
• The outdoor area would be of a high specification design.

A local resident addressed the Sub-Committee with concerns regarding the application.  These included the following:

• The area was mixed commercial and residential.
• There was a need to prevent noise and public nuisance for people who lived and worked in the area.
• Granting this application would add to the noise created by other licensed premises in the area.
• There were noise sensitive properties nearby which had meant other licenses had been restricted to 8.00 p.m.  There had also been a previous application for the change of use of a nearby shop premises to a public house that had been refused by the Planning Inspector due to potential for noise and disturbance.
• There were problems with car parking in the area.
• Should the licence be granted it was requested that tables and chairs would be removed after operations had ceased.  It was also felt that 8.00 p.m. would be a more suitable time to end outdoor serving.

In summary, the applicant acknowledged that there were problems with parking, but their cstom was from local people who were not encouraged to drive to the premises.  The premises had a café style operation and reference was made to food offers.  The applicant informed the Sub-Committee that they would be willing to close the outdoor area at 8.00 p.m.  There had not been any previous noise complaints associated with the premises.

In response to questions from the Sub-Committee, the following was discussed:

• Alcohol would only be served with food.  The Licensing Officer confirmed that this was a condition of the licence and would apply to both the indoors and outdoors.
• Customers had stated a  ...  view the full minutes text for item 6.