Agenda and minutes

Licensing Sub-Committee
Monday, 17th June, 2013 10.00 am

Venue: Civic Hall, Leeds

Contact: Helen Gray  Copies of the full report with appendices are available on request from the clerk. For details of the new premises licence please contact Entertainment Licensing on 0113 2474095 after the hearing.

Items
No. Item

16.

Election of the Chair

Minutes:

RESOLVED – That Cllr. Selby be elected as Chair for the duration of the meeting.

 

17.

Appeals Against Refusal of Inspection of Documents

To consider any appeals in accordance with Procedure Rule 25 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 25, written notice of an appeal must be received by the Head of Governance Services at least 24 hours before the meeting)

 

Minutes:

No appeals against refusal of inspection of documents.

 

18.

Exempt Information - Possible Exclusion of the Press and Public

 

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.

Minutes:

There was no exempt information. The press were in attendance for item 6.

 

19.

Late Items

To identify any applications as late items of business which have been admitted to the agenda for consideration

 

 (the special circumstances shall be identified in the minutes)

 

Minutes:

There were no late items. However, Members of the committee and all interested parties were in receipt of supplementary information from the Solicitors representing Brooklyn Brewery Pop Up (minute 20 refers) and also supplementary information in respect of Darbar Restaurant (minute 21 refers).

 

20.

Declarations of Disclosable Pecuniary Interests

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.

 

Minutes:

There were no declarations of Disclosable pecuniary interests.

 

21.

Application for the grant of a premises licence for Brooklyn Brewery Pop Up, 20-24 The Calls, Leeds, LS2 7EW pdf icon PDF 29 KB

To receive and consider the attached report of the Head of Licensing and Registration regarding an application for the grant of a premises licence.

 

Additional documents:

Minutes:

Members heard from the Applicant with regard to the proposals and the concept. The Applicant noted the rebuttable presumption created by the Cumulative Impact Policy and sought to address that presumption with reference to the licensing objectives.

 

The concept was for marketing specialist craft beer using the Brooklyn Brewery products. No spirits or alcopops would be sold and there were no cheap drink prices.  The brewery would not attract binge drinkers.  Beer could retail at approximately £7.00 per pint.

 

The temporary nature of the licence was due to the proposal to buy a limited amount of beer and to serve until that had been used up.  The premises were to be used for a short time pending redevelopment.

 

In answer to questions the Applicant confirmed that maximum capacity of the premises was 200 people.  The Applicant also gave additional information around the proposal to use the premises to promote New York art and music.  The Applicant confirmed that they held a four month lease for the premises subject to the licensing approval and that would include approximately one month of set up time.  If the beer had not sold within that time then there would be a rolling 30 day extension to the lease until such time as the beer was sold. 

 

Members then heard from West Yorkshire Police who indicated that the main reason for objecting was the cumulative impact policy and that there was no date for this licence to start and stop and a scant amount of detail in the Application.  There was concern over its proximity to Call Lane which was a violent crime hot spot and was in the top three streets for crime and disorder for the last three years.

 

The police had only just heard that the capacity was 200 people were concerned about the impact of that number of people on the area.  The police also noted that the conditions offered by the Applicant fell short of the offers that they would expect from a late night bar.  These were relatively modest hours but the police were concerned that the customers would then be attracted to the late night bars on Call Lane making the situation even more difficult in that area.  The police also noted that there was no commitment to use the BACIL radio system, no seating shown on the plan and no dispersal policy. 

 

In answer to conditions the police said that if a licence were to be granted they would want conditions from the pro forma risk assessment regarding CCTV, at least two SIA registered door staff on duty, a search policy, a commitment to the BACIL radio scheme and a dispersal policy.  In answer to another question police said that it was difficult to predict whether a more expensive venue would have customers that would later cause problems in the night time economy.

 

In response the Applicant indicated that they were willing to work with West Yorkshire Police and offer the conditions requested.

 

The Applicant also referred  ...  view the full minutes text for item 21.

22.

Application to vary a premises licence in respect of Darbar Restauarant, 17 Kirkgate, Leeds, LS1 6BY pdf icon PDF 69 KB

To receive and consider the attached report of the Head of Licensing and Registration regarding an application to vary a premises licence made by Ms L Keenan.

 

Additional documents:

Minutes:

Members heard from the Applicant that the proposals were for a variation to remove two conditions on the licence relating to the number of covers and the need to serve alcohol ancillary to meals.  In effect this was to change the premises from a restaurant to a bar/ live music venue.

 

The Applicant had met with the police and Environmental Health and as a result had agreed a dispersal policy and tried to address their concerns by offering conditions including a reduction in the hours for live music.

 

The Applicant explained the concept was for a music venue for professionals aged 18 to 30 similar to a venue run by the same individual in Manchester.  That venue had been successful and had turned around the premises and there were no complaints or trouble.  The Applicant was clear that he was not seeking to attract the sorts of customers who frequented the bars on Call Lane.  His music policy would be light rock similar to other venues run in other parts of the city centre.

 

In answer to questions he confirmed that the capacity would be 350 people and that they were not aiming to operate as a night club even though he accepted they would have permission for night club hours.

 

Members then heard from West Yorkshire Police who outlined that the reason for the conditions was to tie the premises to restaurant use and prevent it changing into a bar.  The police submitted that the premises were in the Cumulative Impact Policy area but accepted that Kirkgate was not a violent crime hotspot.  However it was located in close proximity to Briggate which was a violent crime hotspot and had been in the top three streets for the last five years (Briggate and Lower Briggate excluding New Briggate).  Police said that under the proposed new licensing policy this would be classed as an area of concern rather than a hotspot however since the policy was published for consultation crime in the area in question had increased.

 

The peak time for offences on Briggate was midnight to 05:00 hours.  Overall violent crime in the city linked to the night time economy was reducing but 36% still occurred on the street and could not be linked to specific licensed premises.  This was the reason behind the Cumulative Impact Policy itself.

 

On conditions the police noted the dispersal policy and the aim to disperse the customers towards Kirkgate and away from Briggate.  The conditions offered by the Applicant at 3 and 4 should include the approval of West Yorkshire Police and there should be set times when door staff would be on duty.

 

Members then heard from Environmental Health who also objected on cumulative impact grounds.  Environmental Health indicated that there were flats 20 – 25 metres away above shops and that there was a night club already operating in this area from which Environmental Health had had a complaint about noise from people on the street.  Environmental Health do not have  ...  view the full minutes text for item 22.