Agenda and minutes

Licensing Sub-Committee
Tuesday, 11th June, 2019 10.00 am

Venue: Civic Hall, Leeds

Contact: Governance Services  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 378 5029 after the hearing.

Items
No. Item

1.

Election of the Chair

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

Minutes:

 

RESOLVED – That Councillor B Garner be elected as Chair for the hearings.

 

 

2.

Appeals Against Refusal of Inspection of Documents

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)

 

Minutes:

 

There were no appeals.

 

 

3.

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 were no exempt items.

 

 

4.

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 was a formal late item, which was circulated to all Members prior to the meeting:

 

Item 7) Temporary Event Notice for The Engine, Moor Road, Hunslet LS10 2JJ (Minute 7 refers)

 

 

5.

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.

 

 

6.

Application for the grant of a premises licence for Cafe Bospa Ltd 181A High Street, Boston Spa, Wetherby, LS23 6AA pdf icon PDF 241 KB

To consider the report of the Chief Officer Elections and Regulatory with an application for the grant of a premises licence made by Bospa Limited, for Cafe Bospa Ltd, 181A High Street, Boston Spa, Wetherby, LS23 6AA.

Additional documents:

Minutes:

 

The Chief Officer Elections and Regulatory submitted a report detailing an application for the grant of a premises licence, made by Bospa Limited, for Cafe Bospa Ltd, 181A High Street, Boston Spa, Wetherby, LS23 6AA.

 

The application requested approval of the following licensable activities:

 

Supply of Alcohol

·  Sunday to Thursday: 08:00 – 23:00

·  Friday & Saturday: 08:00 – 00:00

Late Night Refreshment

·  Friday & Saturday: 23:00 – 00:00

Recorded Music

·  Sunday to Thursday: 08:00 – 23:00

·  Friday & Saturday: 08:00 – 00:00

 

Representations had been received from 47 members of the public, 45 of which were primarily on the grounds of public nuisance and that the proposed licensing hours exceed those of the current planning hours recently been granted. There were also two representations in support of the application.

 

The following were in attendance on behalf of the applicant:

 

-  Simon Gough, Bospa Limited

-  Mr Paddy Whur, Woods Whur Solicitors

-  Ms Amanda Usher, Woods Whur Solicitors (observing)

 

Mr Whur addressed the Sub-Committee on behalf of the applicant, firstly requesting Members to consider the change of hours of all licensable activities to 23:00 on Fridays and Saturdays to reflect the week day hours, and a closing time of the premises to 23:30. Mr Whur also informed Members that due to the reduction of hours, the request for late night refreshment was withdrawn. Mr Whur also submitted some additional information for Members consideration, including an artist’s impression of the premises showing the layout of the deli and seating area. Members and the objector present accepted the information and this was distributed to interested parties.

 

Mr Whur informed Members that the proposed licence holder had discussed the prospective business plan in detail with the responsible authorities, none of whom had expressed any concerns on the grounds of public nuisance or otherwise. Mr Whur explained to Members that the establishment would attract families throughout the day, with freshly baked goods in the morning and a deli selling a range of produce. Members were informed that full breakfast, brunch, lunch and evening menus would also be available to visitors. The alcohol served would only be of premium quality, with a range of gins and wines along with some bottled beers. Mr Whur felt confident that the premises could create an environment that will promote the licensing objectives. When asked by the Sub-Committee why the applicant would not be willing to only serve alcohol with food, Mr Whur informed Members that the premises was intended to be a relaxed and flexible environment, and the premium prices and absence of strong draught lager or alike would reduce the risk of disorderly behaviour.

 

Councillor G Wilkinson was in attendance and addressed the Sub-Committee on behalf of the Mr Tony Williams, who is the Post Master of the Post Office next door to the premises. Cllr Wilkinson informed Members that Mr Williams was most concerned about the noise pollution from the premises, particularly as the door way to the Post Office is the only covered doorway on the street,  ...  view the full minutes text for item 6.

7.

Temporary Event Notice for The Engine, Moor Road, Hunslet, LS10 2JJ pdf icon PDF 39 KB

To consider the report of the Chief Officer Elections and Regulatory that sets out a temporary event notice has been received and the Leeds City Council Environmental Protection Team have served an objection notice on the grounds of the prevention of public nuisance.

Additional documents:

Minutes:

 

The Chief Officer Elections and Regulatory submitted a report detailing an application for a Temporary Event Notice (TEN) from The Engine, Moor Road, Hunslet, LS10 2JJ.

 

The application requested approval of the following licensable activities on 15th and 16th June 2019:

 

Sale of alcohol

Provision of late night refreshment

Provision of regulated entertainment

Times: 01:00 to 04:00 hours

Capacity: 50

 

The application received one representation from the Environmental Protection Team on the grounds of public nuisance.

 

Ms Elaine DuBois, the proposed licence holder, was in attendance. Ms DuBois addressed the Sub-Committee, informing Members that the TEN was applied for as the pub was celebrating a year of current management. Ms DuBois explained the event as family focused during the day, with a BBQ and bouncy castle from 2pm. In the evening the event would be adult only, and two or more door staff would be present until all customers had left the premises after close at 4am. Ms DuBois informed Members that there were two flats above the premises which were currently tenanted, however, Ms DuBois believed that this was only a temporary arrangement.

 

Vanessa Holroyd and Karl Sheldon were in attendance on behalf of the Environmental Protection Team and addressed the Sub-Committee. Members were informed that there had been a number of complaints submitted following Ms DuBois becoming the Designated Premises Supervisor (DBS). Members were informed that one of the frequent complainants was a tenant from above the premises. Members were informed that a meeting took place between the Environmental Protection Team and Ms DuBois, and following this, there had been some improvement.

 

Ms DuBois informed Members that she had not received any correspondence from the Environmental Protection Team following their meeting in January 2019, and therefore Ms DuBois was unclear about any further action to be taken or if action taken was sufficient. Environmental Protection Team could not confirm if any correspondence had been sent.

 

The Sub-Committee carefully considered the information submitted, both written and oral, and

 

RESOLVED – That the application be granted as applied for. The Sub-Committee trusts that the Environmental Protection Team maintain communication with the applicant to address any future concerns of breaches of the current licence.