Agenda item

To consider the report of the Assistant Chief Executive (Corporate Governance) on an application for the grant of a Premises Licence in respect of premises situated at Unit B-K Watermans Place, Holbeck and trading as Fazenda Rodizio Bar & Grill

(Report attached)

The Sub-Committee, having regard to the Licensing Act 2003, the Statement of Licensing Policy and the Statutory Guidance, considered the written submissions before them relating to an application for the grant of a Premises Licence in respect of premises to be known as “Fazenda Rodizio Bar & Grill” at Units B to K, Waterman’s Place, 3 Wharf Approach, Holbeck Leeds 1

Representations had been submitted by West Yorkshire Police (WYP), LCC Environmental Protection Team (LCC EPT) and LCC Health and Safety Services (LCC H&S) containing measures proposed to address the licensing objectives. Those measures had been agreed by the applicant and the representations had been withdrawn prior to the hearing.

Letters of representation had also been received from ten local residents objecting to the application and Ms Emma Hopkins attended the hearing on their behalf. The Sub Committee resolved to proceed in the absence of the other members of the public and to take their letters of representation into account during their deliberations.

Mr David Hercock, barrister, attended the hearing to represent the applicant. He was accompanied by Mr R Melman and Mr M Ladocha.

The Sub Committee heard from Ms E Hopkins who described the location of the premises within a residential development and detailed the concerns that the premises should operate appropriately given its proximity to residents homes. Ms Hopkins tabled photographs of the development for reference, with the permission of the applicant. Ms Hopkins described problems of noise and anti social behaviour arising from other licensed premises in the area experienced by residents. Residents were also concerned that the nature of the premises could change to facilitate a bar and disco once this licence was granted.

Ms Hopkins reported on a meeting held 21 September 2010 where the applicant had given some assurances regarding the nature of the business to residents however she detailed additional control measures she asked the Sub Committee to consider as conditions to further reassure the residents. Ms Hopkins also requested the Sub Committee consider a reduction to the hours of operation as residents felt the requested hours to be inappropriate in this location and amendments to 2 conditions from LCC EPT restricting the audibility of noise and the serving of drinks in the external area.

The Sub Committee then heard from Mr D Hercock on behalf of the applicant who explained the intended operation of the premises as a restaurant with the sale of alcohol ancillary to that use. He acknowledged the concerns of residents in flats above the premises and detailed the measures put in place by the applicant during the refurbishment of the premises which included a filtration system to address odours and the employment of an acoustic specialist to advise on the extensive sound attenuation scheme. Furthermore the applicant had engaged in dialogue with the residents and would continue this in order to identify a smoking area for patrons.

In response to queries from the Sub Committee the applicant discussed the capacity and intended management of the external seating area, the lobby; bar area and restaurant in detail. Members noted the condition “A number of covers to be agreed with WYP shall be maintained on the premises” was not satisfactory in terms of enforcement and discussed an appropriate number with all parties in order to ensure the premises remained a restaurant. Members took the already agreed measures and management proposals for the external area into account and considered 118 covers (internally) to be appropriate.

The Sub Committee considered the application having regard to all the written submissions and the measures already agreed with the Responsible Authorities by the applicant. The Sub Committee also carefully considered the verbal submissions made at the hearing, particularly the detail of the measures put in place by the applicant and the concerns of the local residents. Members were minded to grant the application, but felt there were additional steps which could be taken which were appropriate to a premise in this location and proximity to local residents in order to further address the licensing objectives.

RESOLVED – That the application be granted in the following terms:

Hours and licensable activities

·  Granted as applied for

Conditions

·  The Sub Committee felt it was necessary and appropriate to include those measures proposed by the Responsible Authorities and agreed prior to the hearing by the applicant within the Premises Licence as conditions;  with an amendment to the following WYP measure

o  The number of covers to be maintained internally on the premises shall be no less than 118

Members commented that the issues of noise and smell had been sufficiently addressed by the applicant and that the management of the external area was sufficiently dealt with by the condition to close at 21:00 hours

The applicant was encouraged to continue dialogue with the local residents, particularly with regard to the location of the smoking area