Agenda item

To consider a report by the Head of Elections, Licensing and Registration which sets out details of an application seeking the variation of a premises licence made by Soul Bars And Restaurants Limited, for Hemingway's Cuban Bar (formerly Sandbar) 15 Town Street, Horsforth, Leeds, LS18 5LJ.

The report of the Chief Officer, Elections and Regulatory set out an application for the grant of a premises licence for Hemingway’s Cuban Bar, 15 Town Street, Horsforth LS18 5LJ.

In summary, the application was to add late night refreshment onto the premises licence, extend the sale of alcohol hours and to extend the regulated entertainment on Fridays & Saturdays.

A representation was received from West Yorkshire Police in their capacity as a responsible authority. An additional condition was agreed between the applicant and West Yorkshire Police prior to the hearing, and subsequently the representation was withdrawn. A representation was also received from Environmental Health, and representatives were in attendance at the meeting to provide an oral representation.

The applicant Paul Kinsey and his legal representative Paddy Whur, of Woods Whur 2014 Limited, were in attendance. Mr Whur addressed the Sub-Committee, informing them that the premises was a small venue (60 customers on a busy night) with an older clientele and premium prices. As the premises had become increasingly popular, Mr Kinsey felt that the current closing time seemed artificially early. Members also heard that the additional hour would allow gradual dispersal from the property, as the new condition agreed with West Yorkshire Police stated that last admittance to the premises for customers would be 1am. Mr Whur also addressed the complaint included in the report, and noted that the incident involved a chef leaving a door open when accessing a storage area, which resulted in some noise pollution. Members heard that this occurred shortly after the premises was opened and had since been resolved, with no further complaints received.

Karl Sheldon addressed the Sub-Committee on behalf of Environmental Health, objecting on the grounds of the likelihood of noise pollution. Members heard that there was a ginnel to the side of the premises, in which normal conversation would be amplified and cause noise pollution to the block of flats built to the side of the ginnel if customers were to leave by this route. The Sub-Committee heard that there had been 10 complaints relating to loud music at premises between June 2003 and June 2012, however Mr Kinsey informed the Board that he was not the operator at that time. Mr Sheldon added that he had heard from Mr Whur’s office regarding the additional condition agreed with West Yorkshire Police after submitting the objection, and did not feel that there was any other condition that could be added to protect local residents further. Mr Whur informed Members that the door staff would supervise customers leaving the property through the ginnel at closing time, and Members asked whether Condition 85 could be amended to reflect the supervision, which Mr Kinsey confirmed he would be in agreement with.

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 the following two additions:

a)  The condition set out in the report agreed by West Yorkshire Police prior to the hearing;

b)  Condition 85 to be amended as follows “the premises supervisor and any door supervisors will monitor the activity of persons leaving the premises and remind them of their public responsibilities where necessary. This will include patrons leaving the premises and dispersing via the ginnel between Town Street and Church Road, Horsforth.”