Agenda item

To consider the report of the Chief Officer Elections and Regulatory on an application for the grant of a premises licence forThe Wetherby Sandbeck Way, Wetherby, LS22 7DN.

The report of the Chief Officer, Elections and Regulatory set out an application for the grant of a premises licence for The Wetherby, Sandbeck Way, Wetherby, LS22 7DN.

In summary, the application was for the performance of plays, films, indoor sporting events, live music, recorded music, dance and anything of a similar description, the sale of alcohol for consumption both on and off the premises, and the provision of late night refreshments. The application also sought approval to serve on New Years Eve until 03:00, and closing at 03:30.

Representations were received from Environmental Health, a ward Member and the Leeds City Council Planning Department. Prior to the meeting, discussions had taken place between the applicant and Environmental Protection, and the operating schedule had been amended to include the measures agreed by both parties.

Nathan Clark and Jilly Chatten from Brudenell Presents Ltd were in attendance on behalf of the applicant. Mr Clark informed the Sub-Committee that the premises served as a space for the whole community, and was often used by a range of local charities and organisations. Members heard that the applicant had worked with Environmental Health to agree a number of new conditions to reduce noise pollution and nuisance.

Lisa Hart and Adam Ward were in attendance on behalf of the Leeds City Council Planning Department. Members heard that the planning permission only allowed activities to take place until 11:30pm, whilst the premises licence for part of the building allowed activities to take place until 1am. Lisa noted that the premises had been in breach of the planning permission since 2005, however, the number of years that had passed permitted the applicant to apply for a Certificate of Lawful Use. Members were informed that a planning application had been approved for a 65 bed care home to be built within close proximity of the premises, with 20 of the rooms overlooking the premises. The planning application was agreed on the basis of evening activities at the premises ending at 11:30pm, and Planning Department representatives present were concerned about the potential noise pollution this would create for the new residents of the care home.

Members questioned whether the Planning Department were aware of the breach during the application for the care home, and were informed by representatives present that they were not.

Councillor Gerald Wilkinson was in attendance as a local ward Member, and informed Members of his concerns in relation to the welfare of elderly residents who would be living in the care home upon completion. Members were also informed of nearby sheltered housing and accommodation for vulnerable people, who he felt could also be impacted by the lateness of activities proposed. Councillor Wilkinson also informed Members that he was unaware of the breach during the planning process for the care home.

Mr Clark informed Members that the premises would play music until 11pm, and that there would be a ‘cooling down’ period between 11pm and 11:30pm. Members also heard that the applicants were not aware that they did not have planning permission in line with their premises licence until a month ago and that they had not been informed when they bought the premises in May 2018. The applicant also felt that the concerns around noise pollution and nuisance had already been addressed by their negotiations with Environmental Health.

The Licensing Sub-Committee carefully considered the application, the report and the representations made at the hearing.

RESOLVED – That the application be granted as applied for, with agreed conditions between operator and Environmental Health.