Agenda item

To consider the report of the Head of Elections & Regulatory Services on an application for the grant of a premises licence. The application is made by JD Wetherspoon PLC, for premises located at Public House, 37 - 41 Austhorpe Road, Cross Gates, Leeds, LS15 8BA.

The report of the Head of Elections and Regulatory Services presented an application for the grant of a premises licence for Public House at 37-41 Austhorpe Road, Crossgates, Leeds, LS15 8BA.

 

Members were advised that the applicant was JD Wetherspoon PLC who were applying for:

Supply of alcohol

·  Sunday to Thursday 09:00 until 23:00

·  Friday and Saturday 09:00 until 00:00

Late night refreshment

·  Friday and Saturday 23:00 until 00:00

No non-standard timings for bank holidays or special occasions were proposed.

 

Members noted that West Yorkshire Police had sent a representation in their capacity as a responsible authority. However negotiations had taken place prior to the hearing and the measures agreed were included within the amended operating schedule which was appended at Appendix C of the submitted report.

 

Members were informed that representations had also been received from 18 individual letters of objection, an objection from the local neighbourhood community group, who were opposed to the application on the grounds of all four licensing objectives.

 

It was noted that 2 letters of support had also been received.

 

In attendance at the meeting were:

Nigel Connor - JD Wetherspoon

Alistair Broom – JD Wetherspoon

David Ritchie – JD Wtherspoon

Members of the public

Members of the Crossgates Watch Residents Association

 

The Members of the Public and the Crossgates Watch Residents Association elected Mr Ian Howard as their speaker.

 

The Sub-Committee were informed that JD Wetherspoon PLC had been established in 1979 and now had 890 premises throughout the country.

 

 Mr Connor explained that as well as having a number of premises within the city centre they also operated a number of local premises in areas such as Bramley, Morley, Pudsey and Garforth.  Mr Connor said that these premises were successful pubs commercially and worked in harmony with the communities in which they were situated.

 

The Licensing Sub-Committee were informed of the following points:

·  This was to be a standard JD Wetherspoon’s

·  Open at 7:00am for breakfast with alcohol served from

o  9:00am until 23:00 – Sunday to Thursday

o  9:00am until midnight Friday and Saturday with a wind down and dispersal of customers

·  No licence was sought for music or entertainment

·  Access for families with meals served, children’s menu, all children must vacate the premises at 21:00

·  Planning permission had been granted and the opening hours were in line with planning conditions granted

·  The dental practice was to stay in situ until the end of the lease then would move to other premises

·  A layout plan provided to all parties showed that the customer area and bar servery would be located on the ground floor with the kitchen to the rear and toilets and offices to be located on the first floor. Wetherspoons wanted a large premise to accommodate the tables and chairs.

·  CCTV coverage in the premises and the garden area

·  Deliveries would be taken from Austhorpe Road no deliveries before 7:00am

·  Would provide a range of full and part time jobs for local people

·  Club night’s would offer set menu’s with a free drink either alcoholic or non-alcoholic, promotions on drink were only available with food

·  Breakfast was the most popular meal and free refills of tea and coffee were offered

·  Wetherspoon’s pub’s had a broad customer base

·  All Wetherspoon’s pub’s had an operating code of conduct

·  Premises had 4-5 managers, 2-3 of which would be working at any one time, with clear structure of management

·  Extensive training was provided to staff and included behaviour and language

·  Wetherspoon’s worked closely with the Police and had regular contact with them to ensure that the premises were being managed correctly

·  Door supervisors would be used at peak periods

 

Mr Ritchie who manages the Wetherspoon’s at Garforth informed the Members that there had been no issues at these premises.

 

Mr Connor was of the opinion that with regards to the concerns of residents in relation to the ginnel at the rear of the premises the location of the pub would assist in alleviating anti-social behaviour. He advised the Members that the outside beer garden would only be used by smokers after 10pm. It had been suggested that this area should be roped off and it was noted that this suggestion was agreeable. It was also noted that the outside area would be monitored by staff during operating hours and CCTV.

 

The premises do not have parking. However, Mr Connor was of the view that customers would live nearby therefore, would not drive. Mr Connor advised the Members that Wetherspoon’s were providing £15,000 to work with the Council to monitoring parking once the premises had opened. This was part of the Planning conditions.

 

Mr Connor believed that children passing the premises would not see anything different to the advertising that they saw in retail areas such as supermarkets and off licence’s.

 

It was noted that Challenge 21 policy would be used at the premises and anyone being refused would be recorded on the till.

 

Mr Howard on behalf of the residents spoke to the Sub-Committee saying that the dentist was due to move out due to the likely noise and disturbance from Whetherspoons as a neighbour.

 

Mr Howard informed the Sub-Committee that the planning consent had been given at appeal and that the Planning Panel had not agreed that this was a good location.

 

Mr Howard put forward the following concerns:

·  A 3 metre acoustic fence would not be sufficient and does not go the whole way round the beer garden

·  Deliveries of one lorry per day would cause traffic issues for approximately 1 hour on a busy road close to a well-used bus stop. Traffic would be required to over-take on the busy carriageway

·  The proximity of residential properties to the premises with the closest bedroom window only 4 metres from the large beer garden

·  Advertising used by Wetherspoon’s was in some cases attractive to children and he passed round advertising leaflets used by Wetherspoon’s previously to all parties. It was noted that some of the advertising was in a cartoon format which would be especially attractive to children.

 

Mr Howard provided some measures that in his view would be reasonable:

·  One member of staff to be at the front door during times when children might be waiting at the bus stop e.g. at the start and the end of school day to ensure that customers left premises in a reasonable manner

·  Smoking area to be roped off after 22:00

·  Ventilation machine to be shut down by 10pm each day

·  Noise monitor to be installed in the beer garden

 

Mr Howard also made the point that he was not sure that proper notice of the application had been given as in accordance with S182 Home Office guidance, in that the operating hours had not been included on the blue notice.

 

Mr Connor in addressing the concerns raised explained that the marketing material presented was historical and in some cases related to local promotions. He said that he would alert the marketing team to the poster using cartoon imagery and the local people’s concerns.

 

Mr Connor expressed the view that Wetherspoon’s were a responsible operator who sold drinks at competitive prices.

 

He went on to say that no representations had been received from the Police and that issues of deliveries and parking had been dealt with by planning.

 

Mr Connor advised the Members that food was an important part of Wetherspoon’s which attracted people to the premises. He said that 45% of sales at the premises in Garforth was for food.

 

Members carefully considered all the information presented to them including representations made at the hearing and those contained within the agenda pack.

 

RESOLVED – To grant the premises licence as applied for with the measures as agreed with the Police and the condition sought by residents as agreed, but worded as follows:

There shall be a temporary physical barrier to be erected in the beer garden each day at 22:00 to close of business to prevent customers accessing the beer garden from the smoking shelter.