Agenda item

To consider the report of the Head of Licensing and Registration on an application for the grant of a premises licence in respect of premises known as “Macy’s” located at 6a Otley Road, Headingley

(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 for the grant of a premises licence for Macy’s, 6a Otley Road, Headingley, LS6 2AD.

Representations had been received from LCC Environmental Protection Team, Ward Councillors, Neighbourhood Groups and from individuals. There had also been a letter of support.

Present at the hearing were:

Mr Robert Carlton- the applicant

Mr Paddy Whurr- solicitor for the applicant

Ms Monica Legiza- legal assistant

Mr B Kenny- LCC Environmental Protection Team

Councillors Matthews and Walshaw

Joan Brown- Cardigan Triangle Community Association

Local Residents: Susan Sleeman, Christine Beels, Tony Green, Carry Franklin and Marion Charlton

The Sub-Committee heard from Mr Whurr who was representing the applicant. He put forward the view that this application did not come under the Cumulative Impact Policy and informed the Sub-Committee that Macy’s was intended to be a European Style Café. The premises did not have a bar, and would only sell bottled beers and wines rather than draught as it would be a deli supplying a modest amount of alcohol as a high quality food led business. The premises would usually be shut by 7pm, with the exception of charity events. The business would create 12 new local jobs, and would donate 5% of it’s profits to charity.

The Sub-Committee heard from Mr Kenny, of LCC Environmental Protection Team, who informed the Sub-Committee that their objection was based on the belief that the application did come under the Cumulative Impact Policy as an additional premises in Headingley which would be selling alcohol.

Councillor Matthews addressed the Sub-Committee as opposing the application. He outlined his concerns for the area such as the problems with Anti Social Behaviour and litter, and problems with illegal taxis plying for trade there. He gave examples of establishments in the area which had started as food led establishments which had become alcohol led over time which then caused problems within the area.

Councillor Walshaw reminded the Sub-Committee of the scale of public opposition to this application, and asked that they consider the Cumulative Impact Policy in relation to this application.

Carry Franklin, a local resident, addressed the Sub-Committee, outlining her concerns around the problems caused by drinking in the area such as intimidation of local residents and the amount of rubbish created. She gave her view that Headingley had enough food establishments that served alcohol already.

Following full and lengthy consideration of all the written and verbal representations, the Sub-Committee felt that the Cumulative Impact Policy did not apply to this application as, in the Sub-Committee’s view, this was not an alcohol led premises. The Sub-Committee on balance felt that granting the application with stringent conditions would uphold the licensing objectives. The Chair commented that this had been a very difficult application to deal with.

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

-  That the supply of alcohol be between the hours of 10.00 a.m. and 7.00 p.m. only.

-  That alcohol only be sold with food, and only for consumption on site.

-  That condition 8 be amended to replace “first floor” with “ground floor”.

-  That condition 1 be amended to prevent the sale of spirits and draught wine and beer and to specify that only bottled beer and wine be sold.

Members had also noted that any future application to install a bar by way of a minor variation had the potential to impact on the licensing objectives and should be subject to the full variation process.