Agenda item

To consider the report of the Assistant Chief Executive (Corporate Governance) on an application to vary an existing Premises Licence held at the Old Fold Bar and Grill, 8 Town Street, Farsley

(Report attached)

The Sub-Committee, having regard to the Licensing Act 2003, the Section 182 Guidance and the Authority’s own Statement of Licensing Policy considered an application to vary an existing Premises Licence held at The Old Fold Bar & Grill situated at 8 Town Street, Farsley, Leeds LS28. The applicant sought to extend the licensable area of the premises to include the first floor area and to extend the hours of operation for licensable activities.

Representations had been received from LCC Health and Safety Team (LCC H&S) and West Yorkshire Police (WYP) which included measures proposed by them to address the licensing objectives. Those measures had been agreed by the applicant and the representations. Had subsequently been withdrawn. The measures would be included as conditions on the Premises Licence should the variation application be granted.

Representations had also been received from LCC Department of Development (LCC DD) and LCC Environmental Protection Team (LCC EPT).

Present at the hearing were:

Mr C Wilkinson & Mr S Callard – business partners on behalf of the applicant

Ms S Grattan – manager of the premises

Mr C Sanderson & Ms S Pinder – LCC DD

Mr B Kenny – LCC EPT

The Sub Committee heard from Mr Sanderson on behalf of LCC DD who explained the planning permission for the premises which restricted the restaurant use to the ground floor area only and the hours of use. Mr Sanderson referred to the previous operators of the premises who had operated later unauthorised hours which had attracted complaints from residents. LCC DD maintained their objection to the variation due to the impact of noise and disturbance on nearby residents through the use of the upstairs area, concerns the first floor may be utilised as a bar; and the hours requested being outside the planning permission.

Mr B Kenny on behalf of LCC EPT described the potential for noise disturbance to local residents caused by later opening hours and stated the department felt the premises already operated as a bar due to the number of patrons observed within the ground floor bar area. Mr Kenny concluded stating this was not a suitable location for a late night bar.

The Sub Committee then heard from Mr Wilkinson who reiterated the premises operated as a restaurant only, the bar only served patrons whilst they waited for a table. The application had been made due to the difficulty the applicant experienced managing the volume of patrons within the ground floor area and the number of customers who arrived for meals later in the evening. Mr Wilkinson noted the comments regarding the previous operators of the premises but stated that there had been no complaints about the restaurant since this management team had taken over in July 2009. Mr Callard and Ms Garratt also addressed the Sub Committee.

The Sub Committee carefully considered all the written and verbal submissions. Members noted that no complaints about the premises had been received since this management team began operating the restaurant in July 2009; however although they felt the earlier opening hour could be managed appropriately they were concerned that the later hours proposed and the extension of the licensed area into the first floor would have a detrimental impact on the public nuisance licensing objective. It was therefore necessary for the promotion of the objective to grant in the application in part only.

RESOLVED – That the application to vary the Premises Licence be granted in part only, in the following terms

Licensable Activities: On Saturdays and Sundays ONLY

Sale of alcohol  12:00 noon until 01:00 hours

Opening hours  12:00 noon until 01:00 hours

(No variation was granted in respect of licensable activities and hours of opening on Mondays to Fridays)

The Licensed Area – the application to extend the licensed area to include the first floor was not granted.

• The Sub Committee, having heard from all parties, was satisfied that the applicant did operate the ground floor area within the terms of the existing Premises Licence, however Members were persuaded by the Responsible Authorities that any use of the upstairs area would have an impact on the Public Nuisance licensing objective

Conditions

• Those measures proposed by LCC H&S to address the public safety licensing objective and agreed by the applicant prior to the hearing were deemed necessary and proportionate to the grant of the variation and will be included within the Premises Licence as conditions
• Those measures proposed by WYP were not now necessary and will not be included within the Premises Licence