Agenda item

To receive and consider the attached report of the Head of Elections, Licensing and Registration

The report of the Head of Elections, Licensing and Registration presented an application to vary a Premises Licence held by Upstairs Bar, 28-32 Bridge End, Leeds.

The application was to include a variation of the existing licence to authorise alcohol sales for consumption off the premises.

Representations had been made by West Yorkshire Police and from a local business.  Agreement had been reached with West Yorkshire Police with the inclusion of additional conditions to the licence.

Mr Georgiou of the Upstairs Bar addressed the Sub-Committee.  Issues highlighted included the following:

·  The premises was only a small bar and specialised in gin and craft beers.  Ninety percent of trade came from local customers and the variation was to allow them to drink in an outside area overlooking the river.

·  The only objection had come from a neighbouring company and was focussed on rights of way and the use of the area for their client’s access and parking.

·  The land to the rear was also used by other companies and there had not been any objections from them.  The landlord of the building occupied by Upstairs Bar was also happy for the use of the outside area as a beer garden

·  Many other bars in the area had outdoor drinking areas overlooking the river and it was not felt to be a risk to customers.

·  There had not been complaints or objections from residents living in flats that were located above the outdoor area.

·  The outdoor area had been used with the use of temporary event notices.  There had been no complaints or objections.

·  There had not been any objections from West Yorkshire Police or Environmental Health

·  In response to questions from the Sub-Committee, the following was discussed:

o  During the use of the temporary event notices, the outdoor area had been used until 21:00.  There had been an objection from a taxi company who used the area after 22:00.

o  Use of the outdoor area would take away the use of one parking space.

o  It was anticipated that there would not be any more than fifty people using the outdoor area.  Approximately thirty people had used the area while the temporary event notices were held.

Mr P Robson addressed the Sub-Committee on behalf of an objector.  Issues highlighted included the following:

·  The issues surrounding rights of way were a matter for the county court.

·  The applicant needed to demonstrate how he would meet the licensing objectives and made reference to an application in July 2017 which was felt to contain sufficient information on how the licensing objectives would be upheld and resulted in the application being rejected.  Following a short adjournment for all parties to examine the current licensing application form, he felt that there was still insufficient information to uphold the licensing objectives particularly with regard to public safety, public nuisance and crime and disorder.

·  In summary to his concerns regarding the licensing objectives, Mr Robson made the following representations:

o  Prevention of crime and disorder – The conflict with rights of way – there was potential for blockages and prevention of access – this could lead to conflict and a potential negative impact on public safety.

o  Public safety – the proximity of the outdoor area to the river.

o  Public nuisance – due to the numbers of people using 5the outdoor area there was a significant likelihood of noise disturbance to local businesses and residents and also problems with litter.

o  Further issues highlighted included lack of disabled access and customers having to carry drinks across a public area.

In summary to the application Mr Georgiou informed the Sub-Committee that both West Yorkshire Police and Environmental Health were happy with the application and satisfied that licensing objectives would be met.  He reported that the bar had operated for three years without any incidents.  In response to further questions it was reported that there were other bars in the vicinity with outdoor drinking areas and that smokers would use the area outside the front of the premises.

The Licensing Sub-Committee carefully considered the report of the Head of Elections, Licensing and Registration, the Statement of Licensing Policy and the representations submitted and made at the hearing.

RESOLVED – That the application be granted as applied for with additional agreed conditions between the applicant and West Yorkshire Police.