Agenda item

To receive and consider the attached report of the Chief Officer, Elections and Regulatory

 

The report of the Chief Officer, Elections and Regulatory presented an application to vary a Premises Licence held by Club Atomic, 156 Briggate, Leeds, LS1 6LY.

 

The application was to vary the existing hours of operation as follows:

 

Sale by retail of alcohol:

 

Monday to Saturday  11:30 to 02:30

Sunday  08:00 to 02:30

 

Performance of recorded music:

 

Monday to Saturday  11:30 to 03:00

Sunday  08:00 to 03:00

 

The premises are based in the red zone of the cumulative impact area and representations to the application had been submitted by West Yorkshire Police, the Licensing Authority and the Environmental Protection Team.

 

The following were in attendance:

 

-  Ryan Mellor Davis, Director, Atomic Business Ltd

-  Richard Jones, Director, Atomic Business Ltd

-  PC Andrew Clifford, West Yorkshire Police

-  Susan Duckworth, Licensing Authority

-  Vanessa Holroyd, Environmental Protection Team

 

The applicants were invited to address the Sub-Committee.  The following was highlighted:

 

·  The applicants had operated at other premises until 03:00 without any issues.

·  These premises had previously had a licence until 03:00.

·  The applicants had a good track record and endeavoured to meet the four licensing objectives.

·  The applicants were aware of the red zone and cumulative impact policy and that this should not be grounds for automatically rejecting the application.

·  The additional hours were necessary for the applicant to continue trading and provide a viable business.

 

The West Yorkshire Police representative addressed the Sub-Committee.  Issues highlighted included the following:

 

·  All applications that fell within the red zone of the Cumulative Impact Area were judged on their own merits.

·  The Cumulative Impact Zone was not premises specific but due to the high concentration of licensed premises in one area.  There were no poor operators within the red zone and problems were due to the high footfall in the area.

·  The postcode area of the premises had seen 92 calls to the police since January of which 62 were made after 11.00 p.m.  All had related to drink, theft and public order offences and virtually all were linked to licensed premises.

 

The Entertainment Licensing Officer addressed the Sub-Committee.  The following was highlighted:

 

·  The area had the highest number of alcohol related crimes within the city.

·  The previous licence holder had been granted a temporary licence until 3.00 a.m.  This was to support the business during the pandemic when capacity was reduced due to regulations that were in place. It was considered that there was no impact due to reduced capacity.

·  The premises was a nightclub style operation and not the preferred style of new premises for the cumulative impact area.  Applications for a food led style of operation would be welcomed.

·  It was recommended that the application be refused.

 

The Environmental Protection representative addressed the sub-committee.  The following was highlighted:

 

·  There were flats to the rear of the premises and a new student accommodation development.  Even if noise from within the premises could be contained, the disturbance from people congregating outside would cause complaints and these would be difficult to deal with through enforcement.

·  Conditions offered to prevent excessive noise were uncertain.

·  There was potential for anti-social behaviour.

 

In response to questions from the sub-committee, the following was discussed:

 

·  Due to the current closing time of 11.00 p.m., customers tended to visit other premises in the immediate locality following closing.

·  The premises had rigorous policies to meet licensing the objectives with regular staff training and use of the Challenge 25 scheme.

·  The applicants had a background in sound engineering.  Directional audio speakers were used to prevent noise leakage and it was ensured that noise levels remained below 80 db.  Regular noise checks were done outside the premises.

·  The applicant did not realise the permission for opening till 03:00 a.m. had expired before buying the premises.

·  The applicant was aware that the premises was in the red zone of the cumulative impact area but did not believe their operation would increase crime and disorder in the area.  It was not felt that they would attract additional people to the area but just have a share of those who were already there.  The premises were away from the most highly concentrated part of the cumulative impact area.

·  The premises was currently losing £4,000 per month and the additional hours would give an opportunity for the business to be more viable.

·  The applicant would provide additional external door staff which would improve safety in the area and extra hours would enable people to disperse more evenly across the area.

·  Entertainment Licensing reiterated concerns that the area already had a high level of alcohol related crime and anti-social behaviour.

·  Concern that allowing the licence would keep more people in the area until 3.00 a.m. and add to existing problems with dispersal.

 

The applicant was invited to sum up.  It was not felt that approval of the application would lead to an increase in crime statistics.  There had not been a problem when the premises had a temporary licence which allowed opening until 3.00 a.m.  This was the only premises in the area that currently had to close at 12.00 a.m.

 

The meeting was adjourned to allow the Sub-Committee to consider whether there was a need for further questions.  Following the adjournment all parties were invited back for further discussion.

 

The Sub-Committee had carefully considered the representations made and the closing times of other premises in the immediate and wider areas.  The possibility of granting the license for 12 months or permanently with the reduced closing time of 1.30 a.m. was discussed.

 

Further information was provided with regard to the crime statistics in the area and it was reported that it was not possible to attribute crimes to any specific premises.  The responsible authorities in attendance still felt that any extension to the hours would potentially add to crime and anti-social behaviour in the area.

 

The applicant indicated that they would be happy for a temporary extension till 3.00 a.m.

 

The Chair concluded the open session of the hearing before the Sub-Committee went into private session to make their decision. All parties were informed that the decision would be sent within 5 working days.

 

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 – That the application be granted with the reduced finishing time as follows:

 

Sale of retail of alcohol:

 

Monday to Saturday  11:30 to 01:30

Sunday  08:00 to 01:30

 

Performance of recorded music:

 

Monday to Saturday  11:30 to 01:30

Sunday  08:00 to 01:30