Agenda item

Application for the grant of a premises licence for Brooklyn Brewery Pop Up, 20-24 The Calls, Leeds, LS2 7EW

To receive and consider the attached report of the Head of Licensing and Registration regarding an application for the grant of a premises licence.



Members heard from the Applicant with regard to the proposals and the concept. The Applicant noted the rebuttable presumption created by the Cumulative Impact Policy and sought to address that presumption with reference to the licensing objectives.


The concept was for marketing specialist craft beer using the Brooklyn Brewery products. No spirits or alcopops would be sold and there were no cheap drink prices.  The brewery would not attract binge drinkers.  Beer could retail at approximately £7.00 per pint.


The temporary nature of the licence was due to the proposal to buy a limited amount of beer and to serve until that had been used up.  The premises were to be used for a short time pending redevelopment.


In answer to questions the Applicant confirmed that maximum capacity of the premises was 200 people.  The Applicant also gave additional information around the proposal to use the premises to promote New York art and music.  The Applicant confirmed that they held a four month lease for the premises subject to the licensing approval and that would include approximately one month of set up time.  If the beer had not sold within that time then there would be a rolling 30 day extension to the lease until such time as the beer was sold. 


Members then heard from West Yorkshire Police who indicated that the main reason for objecting was the cumulative impact policy and that there was no date for this licence to start and stop and a scant amount of detail in the Application.  There was concern over its proximity to Call Lane which was a violent crime hot spot and was in the top three streets for crime and disorder for the last three years.


The police had only just heard that the capacity was 200 people were concerned about the impact of that number of people on the area.  The police also noted that the conditions offered by the Applicant fell short of the offers that they would expect from a late night bar.  These were relatively modest hours but the police were concerned that the customers would then be attracted to the late night bars on Call Lane making the situation even more difficult in that area.  The police also noted that there was no commitment to use the BACIL radio system, no seating shown on the plan and no dispersal policy. 


In answer to conditions the police said that if a licence were to be granted they would want conditions from the pro forma risk assessment regarding CCTV, at least two SIA registered door staff on duty, a search policy, a commitment to the BACIL radio scheme and a dispersal policy.  In answer to another question police said that it was difficult to predict whether a more expensive venue would have customers that would later cause problems in the night time economy.


In response the Applicant indicated that they were willing to work with West Yorkshire Police and offer the conditions requested.


The Applicant also referred members to the Brewdog decision in which the Committee refused a licence that was subsequently granted on appeal.


The legal officer advised the Committee in respect of previous Cumulative Impact Policy decisions noting that in relation to the Brewdog Application the Applicants had been able to show a track record of operating successfully in CIP areas elsewhere in the country, the venue was for a capacity of 60 people and the hours had been reduced during the appeal from a 2.00 am proposal to midnight based upon the period in which violent crime began to peak.


RESOLVED - The Committee resolved to grant the Application notwithstanding that it was in a CIP area but to amend the Application by reducing the hours for licensable activities to midnight on each of the days it was proposed to open the bar.  The premises should close 30 minutes after the end of licensable activities.  Members also imposed a capacity limit on the premises of 150 persons.  Members also imposed a time limit on the licence such that it would seek to have effect seven months from today’s date 17th June 2013. These conditions would be imposed for the promotion of the prevention of crime and disorder


The resultant licence would be granted with conditions as agreed with Environmental Health and the CCTV conditions as worded in the risk assessment pro forma.  There was also to be a dispersal policy agreed with West Yorkshire Police before the premises could open, a minimum of two SIA registered door staff on duty during opening hours and a required commitment to the BACIL radio scheme.  Other conditions would be those consistent with the operating schedule when they did not conflict with the conditions granted by the Committee.


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