Agenda item

The report of the Chief Officer Elections and Regulatory advises Members that three temporary event notices have been received for the same premises, pedestrianized area of Merrion Place, outside Belgrave Music Hall, 1 Cross Belgrave Street, Leeds, LS2 8JP and Leeds City Council Environmental Protection Team have served an objection notice on the grounds of public nuisance.

The report of the Chief Officer Elections and Regulatory advised Members that three temporary event notices had been received for the same premises, pedestrianised area of Merrion Place, outside Belgrave Music Hall, 1 Cross Belgrave Street, Leeds, LS2 8JP and Leeds City Council Environmental Protection Team had served an objection notice on the grounds of public nuisance.

Present at the meeting were:

·  Stevie Mulgrave – Premises User

·  Christopher Impett – General Manager, Belgrave Music Hall

·  Vanessa Holroyd – Environmental Protection Team

The Legal Officer set out the procedure for the hearing.

The Licensing Officer presented the application providing the following information:

• These premises benefit from a premises licence. A copy of the licence is attached at Appendix A.
• The proposed premises user is Stevie Mulgrave.
• This application is for three temporary event notices which were attached at Appendix B.1, B.2 and B.3.
• The temporary event notices are for three periods:
  • 12:00hrs on Friday 29th April 2022 to 22:00hrs on Monday 2nd May 2022
  • 12:00hrs on Thursday 2nd June 2022 to 22:00hrs on Sunday 5th June 2022
  • 12:00hrs on Saturday 27th August 2022 to 10pm on Monday 29th August 2022
• The licensable activity is the provision of regulated entertainment with a maximum capacity of the events to be 150 people
• The location of the premises can be seen on the map at Appendix C.
• The events to be located in the venue’s side street garden area. This event will feature DJs from 12pm to 10pm in the side street before moving inside for the rest of the evening. The area is fully seated and so dancing is not encouraged.
• West Yorkshire Police and Environmental Protection received a copy of the notices on 13th April 2022 attached at Appendix D. No objection was received from the West Yorkshire Police.
• Environmental Protection Team issued an objection notice on 19^th April 2022 as they considered that allowing the premises to be used in the manner set out in the temporary event notice will undermine the prevention of public nuisance. The objection notice was attached at Appendix E of the submitted report.

Mr Mulgrave addressed the Licensing Sub Committee providing the following information:

• The tables and chairs licence had been in place since the covid restrictions had been relaxed. This licence had been extended until September 2022.
• The event would see International DJ’s playing music on the side street from 12:00pm until 10:00pm, then entertainment would move inside the premises.
• Covid had changed the way in which the premises operated and was still affecting the business. This event would celebrate the 10^th birthday of the premises. The premises still attract international DJ’s some of whom prefer to play outside.
• The premises are supportive of the 2023 cultural bid as a venue which will bring income to the city, this does require some events to be hosted outside.
• The premises have operated within the licence for 10 years with no complaints.

Responding to questions from the Sub Committee, Members were informed of the following:

·  The premises does have a licence for both indoors and outdoors, with the Roof Terrace open until 11:00pm.

·  Monitoring does take place of how many people are both inside and outside the premises. Security is in place at the entrance and exit counting those going in and out. The outside street area is monitored and there is no dancing allowed.

·  Once the event has finished at 10:00pm some people will drift away whereas others may wish to go inside. However, should inside be at capacity they would be required to join the queue at the entrance. It was noted that the security staff use radios to constantly monitor the numbers inside, outside on the street and on the roof terrace.

·  Entrance to the side street area is through the main entrance. ID checks are used.

Ms Holroyd from Environmental Protection Team informed the Licensing Sub Committee of the following points:

• The Environmental Protection Team had received notification of temporary events to be held on the side street garden area of the premises from 12:00 hours to 22:00 hours, over the next three bank holiday weekends. If granted this would mean DJ’s performing externally on the street to 150 customers.
• The premises are close to residential properties in Symons House and Vita Student apartments.
• Two complaints had been received in May and August 2021 alleging loud music from Belgrave Music Hall throughout the day and night. It was alleged the sound of the music could not be stopped even when the windows were shut and had left the residents feeling uncomfortable. It was the view of the Environmental Protection officer that it would be unfair to subject residents in nearby properties to 10 hours of loud music.

Mr Mulgrave in summing up said the events were for three days over the bank holiday period. He offered to use a noise limiter for the outside area and if required change the time of the events and limit the numbers.

The Council had increased payments for the use of the outside area and without this type of event the business would struggle.

Members requested further information in relation to noise limiters. Clarification was provided and it was noted that a Db limiter could be used to set levels which would be controlled by a sound manager and not by the DJ’s. Db levels could be checked at the nearest residential properties, this would keep noise to a set level therefore reducing noise disturbance to residents. Mr Mulgrave was agreeable to working with Environmental Protection to set an agreed level. Mr Mulgrave also said he would offer to let the management company of the residential properties have a contact number which could be used should there be any complaints.

RESOLVED -  To grant the temporary event notices for:

• 29^th April to 2^nd May 12:00 hours to 22:00 hours
• 2^nd June to 5^th June 12:00 hours to 22:00 hours
• 27^th August to 29^th August 12:00hours to 22:00 hours

With the condition that a noise limiter be used to set noise levels agreeable with Environmental Protection and contact details be provided to the management company for Symons House and Vita Student apartments.

Meeting concluded at 15:35