Agenda item

To consider the report of the Chief Officer (Elections and Regulatory) that advises Members of an application made under section 17 of the Licensing Act 2003 ("the Act") for a new premises licence for The Crown, 128 High Street, Boston Spa, Wetherby, LS23 6BW.

 

The Chief Officer (Elections and Regulatory) submitted a report that advised Members of an application made under Section 17 of the Licensing Act 2003 for a new premises licence for The Crown, 128 High Street, Boston Spa, Wetherby, LS23 6BW.

 

The Legal Adviser to the Sub Committee set out the procedure to be followed and the Senior Licensing Officer outlined the application.

 

In summary, the application was for:

Films

Indoor Sporting Events

Sunday to Thursday: 10:00 - 23:00

Friday & Saturday: 10:00 - 00:00

 

Live Music

Recorded Music

Performance of Dance

Monday to Thursday: 10:00 - 23:00

Friday & Saturday: 10:00 - 00:00

Sunday: 11:00 - 23:00

 

Late Night Refreshment

Sunday to Thursday: 23:00 - 23:30

Friday & Saturday: 23:00 - 00:30

 

Supply of Alcohol

Monday to Thursday: 10:00 - 23:00

Friday & Saturday: 10:00 - 00:00

Sunday: 11:00 - 23:00

 

Non Standard Timings

On the occasion of an event of national interest or televised sporting event of national interest which falls outside the current permitted hours on the Premises Licence to permit licensable activities to a maximum of two additional hours in any one day in respect of an event of national interest or to permit licensable activities to commence one hour before the start of a televised sporting event of national interest and ending one hour after the event, the details of the event to be notified to the Police at least ten clear working days beforehand.

 

On the days/dates listed below the additional hour or hours indicated are to be permitted for the licensable activities:

1st January 1 hour

Valentines Night 1 hour

Burns Night 1 hour

1st March 1 hour (St David's Day)

17th March (St. Patrick's Day) 1 hour

Good Friday 1 hour

Easter Saturday 1 hour

Easter Sunday 1 hour

Easter Monday 1 hour

May Bank Holiday 1st Friday Prior 1 hour

May Bank Holiday 1st Saturday Prior 1 hour

May Bank Holiday 1st Sunday prior 1 hour

May Bank Holiday 1st Bank Holiday Monday 1 hour

May Bank Holiday 2nd Friday Prior 1 hour

May Bank Holiday 2nd Saturday Prior 1 hour

May Bank Holiday 2nd Sunday prior 1 hour

May Bank holiday 2nd Bank holiday Monday 1 hour

August Bank Holiday Friday Prior 1 hour

August Bank Holiday Saturday Prior 1 hour

August Bank Holiday Sunday prior 1 hour

August Bank Holiday Monday 1 hour

Halloween 1 hour

Christmas Eve 2 hours

Boxing Day 1 hour

27th December 1 hour

28th December 1 hour

30th December 1 hour

 

The application had received representations from West Yorkshire Police and Environment Protection Team in their capacity as responsible authorities. Prior to the hearing, measures had been agreed with both West Yorkshire Police and Environment Protection Team, and therefore their representations had been withdrawn. It was confirmed that 8 representations from members of the public remained outstanding.

 

Supplementary information prior to the meeting had been circulated including a witness statement, letters distributed to objectors and a letter confirming the withdrawal of local ward councillors objections.

 

The following were in attendance:

o  Joseph Pinder, Applicant

o  Niall Forde, Applicants Representative

 

The applicant’s representative, Mr Forde addressed the Sub Committee noting that the previous licence for the premises had been surrendered in 2019, and the premises had been closed since 2012. Mr Forde said that there had been two separate planning applications to turn the premises into a supermarket that had been strongly opposed by residents. He said that residents had registered the building as an asset of local value.  Mr Forde explained that the premises was intended to be an asset to the community, and would not be seen as a late night entertainment venue. In responding to the measures agreed with responsible authorities, it was confirmed that conditions specifically relating to CCTV, and residents’ concerns had been implemented in to the operating schedule. Whilst noting the difficulties of meeting in person with concerned residents due to the pandemic, Mr Forde highlighted the efforts of addressing residents’ concerns in a letter which had been distributed. Mr Forde explained the premises would be run by an experienced operator with robust policies and procedures in place. Additionally, it was confirmed that the Designated Premises Supervisor would be residing on-site.

 

In response to Members questions, the following had been confirmed:

·  Quarterly residents meetings would be arranged to address any concerns from residents;

·  Reduced hours for Late Night Refreshment on Fridays and Saturdays would be appropriate;

·  The car park formed part of the licensable area to provide flexibility for community events;

·  Conditions from the previous licence had formed part of the new application, to provide flexibility should there be a national tournament or event of national interest;

·  Performance of dance would include traditional performances on the rare occasion, to better cater for the community.

 

The applicant, Mr Pinder summarised by explaining the premises would not be of concern for local residents and additional work was yet to be undertaken with the planning department regarding noise levels.

 

The Sub-Committee went into private session to make deliberations.  Following a short adjournment the applicant and his representative were brought back for further questions and the following had been confirmed:

·  A suggestion was made to rename events of national/local importance to reflect that this would solely include international sporting events;

·  There would be one vehicular access point to the car park off Church Mews, and the previous access point on Church Street would be blocked off and gated;

·  The car park would be included in the licensable area.

 

The Licensing Sub-Committee carefully considered the report of the Chief Officer (Elections and Regulatory), the Statement of Licensing Policy and the representations submitted and made at the hearing.

 

RESOLVED – To grant a premises licence subject to the variation of the following conditions:

 

a.  To amend the footprint of the licensable area to exclude the area of the car park, and to limit licensable activities to the beer garden and passage way.

 

b.  To alter the operating schedule so that the provision of Late Night Refreshment on Mondays to Thursdays is as applied for, and Late Night Refreshment on Fridays and Saturday is reduced to between 23:00 and 00:00 hours.

 

c.  To remove the following non-standard dates as listed below:

Valentines Night 1 hour

Burns Night 1 hour

1st March 1 hour (St David's Day)

17th March (St. Patrick's Day) 1 hour

Easter Monday

May Bank Holiday 1st Bank Holiday Monday

May Bank holiday 2nd Bank holiday Monday

August Bank Holiday Monday

Halloween

 

d.  To refuse non-standard timings for events of national interest  and for televised sporting events of national interest.