Agenda item

The report of the Chief Officer Elections and Regulatory requests Member’s consideration on an application to vary a premises licence held by Chevin Country Park Hotel, York Gate, Otley, Leeds, LS21 3NU.

The Chief Officer Elections and Regulatory set out an application to vary a premises licence held by Chevin Country Park Hotel, York Gate, Otley, Leeds, LS21 3NU.

Present at the meeting for this item were:

• Claire Savage – Hotel Manager
• Christopher Grunert – John Gaunt and Partners

The Legal Officer outlined the procedure for the meeting.

The Licensing Officer provided the Sub Committee with the following information:

• This was an application to vary a premises licence, made by Diamond Hotel Collection Limited, for Chevin Country Park Hotel, York Gate, Otley, Leeds, LS21 3NU
• A history of the premises was set out at point 2 of the submitted report with the current licensed hours and activities. It was noted that the premises have had various DPS changes and licence transfers over the years, the most recent being in September 2018 to transfer the licence to the current licence holder, Diamond Hotel Collection Limited. Attached to the submitted report at Appendix A was the current application form
• This application was to vary the licence for the following:
  • Allow permitted regulated entertainment and the sale of alcohol to take place throughout the licensed area of the hotel until the terminal hour of 02:00hrs daily, in line with the Woodland Suite.
  • To draw forward the commencement hour for regulated activities to 10:00hrs daily.
  • Remove from the licence all historic Public Entertainment Licence conditions, namely 9 to 115 (inclusive) and replace them with new conditions as specified in section 16 of the application form.
  • Add additional regulated activities as specified in the application and allow them to take place throughout the premises, (not limited to the Woodland Suite), namely plays, indoor sporting events, exhibition of a film and boxing and wrestling, between the hours of 10:00am and 02:00, also late-night refreshment, between the hours of 23:00 and 02:00.
  • To allow regulated entertainment, currently limited to the Woodland Suite, to take place throughout the premises, namely live music, recorded music, performance of dance and entertainment similar to live music, recorded music or dance.
  • To allow non-standard timings as follows: on the morning British Summertime is applied, the terminal hour will be extended to 03:00hrs.
  • • From 10:00hrs on New Year’s Eve, until 10:00hrs on 1st January without interruption, for provision of plays, provision of films, provision of indoor sporting events, provision of boxing or wrestling.
  • • From 23:00hrs on New Year’s Eve, until 10:00hrs on 1st January without interruption, for provision of live music and recorded music.
  • From 10:00hrs on New Year’s Eve, until 02:00hrs on 2nd January without interruption for performances of dance, provision of anything of a similar description to live music, recorded music or performances of dance and sale of alcohol.
  • From 23:00hrs on New Year’s Eve, until 05:00hrs on 1st January for late night refreshment
• A copy of the application form was appended to the submitted report at Appendix B. The applicant proposes to promote the licensing objectives by taking the additional steps identified in section 16 of the application form.
• Representations had not been received from Responsible Authorities. However, it was noted that three additional conditions had been agreed between the applicant and West Yorkshire Police. A copy of the agreed conditions was appended to the submitted report at Appendix D.
• Entertainment Licensing were in receipt of two individual letters of objection, both opposed to the application on the grounds of noise nuisance. Redacted copies of the letters were attached to the report at Appendix E.

Mr Grunert presented the case for the application, providing the following information:

• The present licence had passed to the Diamond Hotel Collection Limited with ‘Grandfather Rights’. He said that some of the imposed conditions would be frowned upon today and the hotel wished to propose a set of modern conditions used by hotels of this type across the country.
• Currently the Woodland Suite is licensed to sell alcohol until 2:00am and play recorded music for 24 hours, whilst other bars and rooms close at different times. This makes multiple events difficult to host.
• The proposal for the variation to the licence requested the unification of hours across all event rooms and bars on the site to 2:00am and for the playing of recorded music.
• He was of the view that the playing of recorded music would not cause a disturbance as the closest individuals would be guests staying at the hotel or in the lodges. The Hotel had not received complaints from any guests in relation to noise disturbance. The hotel wished to promote a setting of tranquility and relaxation at this spa hotel.
• He acknowledged that two representations of objection had been received. However, it was the first time that the hotel had been made aware of any issues in relation to noise disturbance. It was his view that the one of the objectors who owned an Airbnb and placed a curfew of 10pm on his guests was bordering on the commercial aspect rather that being directly affected. Mr Grunert was surprised that a further objection had come from a neighbouring property, as the nearest neighbours were outside the boundary of the hotel and did not think that the noise would travel that far.
• Mr Grunert was of the view that unifying the licence would make the running of the hotel more straight forward.

In responding to questions from Members Mr Grunert said that the hotel was not aware of any issues concerning noise nuisance. Environmental Protection had not raised any objections.

Mr Grunert said the hotel was open to the public as well holding events. However, there was nothing around the hotel so was of the view that people would not travel to use the late-night licensing hours. The hotel booked private events and they were committed to the hospitality and comfort of their guests.

Member’s discussions included:

• Standardising of hours throughout the hotel
• The hotel catering for a particular clientele
• Employment in the area
• Wider public interest
• Conditions in place for events such as boxing

RESOLVED – To grant the variation to the licence as applied for.