Agenda item

To consider the report of the Head of Licensing and Registration on an application to vary a premise licence in respect of Brooklyn Bar 50 Call Lane, Leeds, LS1.

(report attached)

PLEASE NOTE : Appendix F to the report is regarded as containing exempt information under the provisions of Paragraph 14 of the Licensing Act 2003 (Hearings Regulations 2005)

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 a premise licence for Brooklyn Bar, 50 Call Lane, Leeds, LS1 6DT.

Representation had been submitted by West Yorkshire Police (WYP).

Representation had also been submitted by LCC Environmental Protection Team, on the grounds that the application would undermine the prevention of public nuisance licensing objectives.

The hearing was attended by the following:-

-  Matthew Jones, Applicant

-  Brendon Warren, Brooklyn Bar representative

-  Bob Patterson, West Yorkshire Police

-  Brian Kenny, Environmental Protection Team

A copy of the following documents were circulated at the meeting as supplementary information:-

• West Yorkshire Police – Updated Problem Profile: 12 Months Violent Crime and Theft Vicinity of Call Lane, Leeds – Appendix F – Exempt Document

• Photographs of First Floor Restaurant: Brooklyn Bar

Matthew Jones and Brendon Warren addressed the Sub-Committee and, in summary, made the following points:-

• The history behind the operation of the premises
• The forced closure of the first floor restaurant after six months trading due to lack of custom
• The continuing financial concerns with regards to paying rates/business rent for the first floor of the building
• That the removal of the condition relating to the first floor would make the premises more appealing
• To acknowledge that food would be a condition of the amended application and that it would not impact on public nuisance or crime and disorder
• That extending the trading hours would ensure that the business was more commercially viable in today’s market
• To give assurances that they would not allow entry after 3.00am
• That the business had a good working relationship with the Licensing authority and the police

Questions were then invited and the following points were raised:-

• Clarification of the operating times of the Marshalling Scheme
• The concerns that there was a huge amount of crime and disorder coming from the premises
• Clarification of whether food would be available all hours
• Details of the amount paid in rates and business rent

Bob Pattison, West Yorkshire Police (WYP), addressed the Committee

and, in summary, made the following points:-

• Reference to the current conditions relating to the Cumulative Impact Policy (CIP) and the hotspots identified within the report
• The concerns that the hotspots on Call Lane had increased and as a result now required extra police resources
• The need for the applicant to demonstrate to the Sub-Committee that they have not been contributing to the current problems within the area
• The need for the Sub-Committee to consider imposing a condition regarding the proportionate number of covers to be maintained during the term of the licence

Brian Kenny, Environmental Protection Team, addressed the Sub-Committee and, in summary, made the following points:-

• The view that there was very little demand for food after 3.00am
• The removal of condition 21.3 would intensify the use of the premises making it an alcohol led establishment and likely to give rise to public nuisance from loud music
• There was also a potential for public nuisance from the noise of large numbers of patrons all leaving at a later closing time having a cumulative impact on the area

Matthew Jones and Brendon Warren responded to the covers proposal put forward by West Yorkshire Police; crime and disorder and hotspots issues and on the achievements of the current Marshalling Scheme.

The Sub-Committee then carefully considered all the written and verbal submissions and made the following decision:-

RESOLVED – That the application be dealt with as follows:-

1)  That taking into account the Cumulative Impact Policy and hotspot issues, the application to extend the hours be refused.

2)  To remove the condition relating to the first floor that reads: The sale of alcohol on the first floor of the premises is permitted only as ancillary to a table meal and to substitute a condition that reads: 40 covers to be maintained on the first floor offering a food menu when the premises was open.

(Councillor G Wilkinson left the meeting at 12.15pm and had agreed to the above decision prior to the Legal Adviser drafting and announcing the Sub-Committee’s decision)

(The meeting concluded at 12.20pm)