Agenda item

To consider the report of the Chief Officer Elections and Regulatory with an application for the grant of a premises licence made by Bospa Limited, for Cafe Bospa Ltd, 181A High Street, Boston Spa, Wetherby, LS23 6AA.

The Chief Officer Elections and Regulatory submitted a report detailing an application for the grant of a premises licence, made by Bospa Limited, for Cafe Bospa Ltd, 181A High Street, Boston Spa, Wetherby, LS23 6AA.

The application requested approval of the following licensable activities:

Supply of Alcohol

·  Sunday to Thursday: 08:00 – 23:00

·  Friday & Saturday: 08:00 – 00:00

Late Night Refreshment

·  Friday & Saturday: 23:00 – 00:00

Recorded Music

·  Sunday to Thursday: 08:00 – 23:00

·  Friday & Saturday: 08:00 – 00:00

Representations had been received from 47 members of the public, 45 of which were primarily on the grounds of public nuisance and that the proposed licensing hours exceed those of the current planning hours recently been granted. There were also two representations in support of the application.

The following were in attendance on behalf of the applicant:

-  Simon Gough, Bospa Limited

-  Mr Paddy Whur, Woods Whur Solicitors

-  Ms Amanda Usher, Woods Whur Solicitors (observing)

Mr Whur addressed the Sub-Committee on behalf of the applicant, firstly requesting Members to consider the change of hours of all licensable activities to 23:00 on Fridays and Saturdays to reflect the week day hours, and a closing time of the premises to 23:30. Mr Whur also informed Members that due to the reduction of hours, the request for late night refreshment was withdrawn. Mr Whur also submitted some additional information for Members consideration, including an artist’s impression of the premises showing the layout of the deli and seating area. Members and the objector present accepted the information and this was distributed to interested parties.

Mr Whur informed Members that the proposed licence holder had discussed the prospective business plan in detail with the responsible authorities, none of whom had expressed any concerns on the grounds of public nuisance or otherwise. Mr Whur explained to Members that the establishment would attract families throughout the day, with freshly baked goods in the morning and a deli selling a range of produce. Members were informed that full breakfast, brunch, lunch and evening menus would also be available to visitors. The alcohol served would only be of premium quality, with a range of gins and wines along with some bottled beers. Mr Whur felt confident that the premises could create an environment that will promote the licensing objectives. When asked by the Sub-Committee why the applicant would not be willing to only serve alcohol with food, Mr Whur informed Members that the premises was intended to be a relaxed and flexible environment, and the premium prices and absence of strong draught lager or alike would reduce the risk of disorderly behaviour.

Councillor G Wilkinson was in attendance and addressed the Sub-Committee on behalf of the Mr Tony Williams, who is the Post Master of the Post Office next door to the premises. Cllr Wilkinson informed Members that Mr Williams was most concerned about the noise pollution from the premises, particularly as the door way to the Post Office is the only covered doorway on the street, and therefore Mr Williams felt that it would attract congregations of smokers. However, Cllr Wilkinson did inform Members that he was reassured by Mr Whur’s presentation in regards to the business plan, as he and Mr William’s were previously under the impression that the premises would be run as a vertical drinking establishment.

Mr Whur commented that it was helpful to be informed of the covered door way, as the staff to actively ensure that this area was not used by customers who wished to smoke. Additionally, no drinks would be allowed outside which Mr Whur felt would reduce the likelihood of customers congregating in the vicinity of the post office.

The Sub-Committee carefully considered the information submitted, both written and oral, and

RESOLVED – That the application be granted as applied for.