Agenda item

To receive and consider the attached report of the Chief Officer regarding an application for the grant of a premises licence made by Mark Turnbull for Swillington Miners Welfare Pavilion & Sports Ground, 9 Wakefield Road, Swillington, Leeds, West Yorkshire, LS26 8QB.

The report of the Chief Officer Elections and Regulatory set out an application for the grant of a premises licence made by Mark Turnbull for Swillington Miners Welfare Pavilion & Sports Ground, 9 Wakefield Road, Swillington, Leeds, West Yorkshire, LS26 8QB.

The following were in attendance:

·  Mark Turnbull, Applicant

·  Helen Wormsley, Supporter

·  David Godley, Supporter

·  Gavin Smith, Supporter

·  Jacqui Smith, Objector

·  Stephen Wood, Objector

·  Andrew Nall, Objector

The Legal Officer outlined the procedure for the hearing and the Licensing Officer presented the application. The following information was highlighted:

·  The application is for a new licence for the club’s pavilion and sports grounds located separately to the currently licensed clubhouse.

·  There is the intention to hold a maximum of 12 events per year in the external areas/club grounds.

·  The Clubhouse (separate to the pavilion and sports grounds) currently has the benefit of a premises licence. Details of this were set out in paragraph 2.2 of the submitted report.

·  In August 2022 an application to vary the licence was made seeking to allow the sale of alcohol for consumption both on and off the premises, to remove a condition regarding periodic litter checks, to incorporate the pavilion into the licensed area and to extend the area for licensable activities to include the beer garden to the front of the Clubhouse and the sports field. The Licensing Sub Committee unanimously resolved to refuse the parts of the application relating to the incorporation of the pavilion into the licensed area and the inclusion of the beer garden and the sports field into the licensed area, it became clear that the pavilion and sports fields were not adjacent to the currently licensed area (the Clubhouse).

·  In summary, the application is for the sale by retail of alcohol (consumption on and off the premises) – Everyday 11:00 until 21:30, the hours to be open to the public – Everyday 11:00 until 22:00 and there are no non-standard timings proposed.

·  Agreements have been reached with Environment Protection Team (EPT) and West Yorkshire Police (WYP) resulting in amendments to the proposed operating schedule.

·  The application has attracted several representations from members of the public opposing the application on the grounds of public nuisance. The application has also attracted several letters of support and a petition with 485 signatures.

The applicant provided the Sub-Committee with some background context to the Club and explained that historically the pavilion held a licence prior to 2008. The applicant explained that the pavilion was re-built in the 90s, after it burnt down, and the sports field declined to a point where it did not need a licence anymore. The applicant explained that he had submitted the previous application to vary the Clubhouse licence following advice received from the local authority and it was rejected by the Licensing Sub-Committee on the grounds of not meeting certain criteria.

The applicant explained that following a successful bid to Sports England and the Football Federation to improve the pavilion, the club were granted £350,000 to make those improvements to the facilities. The club now has 13 junior football teams and 2 open age group football teams who utilise the pitches, as well as a ladies rounders team and bowls teams of all ages. The applicant provided an overview of costs to keep the grounds running, and the efforts made to raise funds to pay for such costs. The applicant explained that teams may have to be cut if the club cannot pay for the running costs. In terms of the licence applied for, the applicant confirmed:

·  It is intended that alcohol will be sold during matches, and for the players after a match and/or training. Alcohol won’t be sold to parents watching their children train at 9am.

·  It is considered that the premises is well away from neighbouring properties.

·  6 licensed events were held this year, and no complaints were received in relation to noise disturbance.

·  There are no live objections from responsible authorities.

·  Trustees of the club will carry out event management planning and will provide relevant information to WYP.

·  Monies raised by the Clubhouse are put back into the charity and pay for things such as trophies and football kits. The money generated from alcohol sales will provide assurances longer term and be a benefit to the community.

·  The grounds are a deterrent for anti-social behaviour as it provides a facility for young children.

·  The licence provides flexibility so that the applicant doesn’t have to apply for a Temporary Event Notice (TEN).

Further to questions from Sub-Committee Members, the applicant confirmed:

·  The applicant doesn’t envisage the bar to be open when children are training in the morning and is intended for parents who are watching matches and does not expect people who are not watching matches to use the pavilion as a ‘bar’.

·  The Clubhouse is used for weddings and other events on the weekend and matches finishing at 4pm can sometimes interfere with those events if people are wanting a drink afterwards.

·  There will be a pavilion manager that has undertaken relevant training, as well as others to help guide her.

·  During the summer months, there are 3 open age groups as well as a rounders team and their training starts at 6pm. They may decide to have a drink after training.

·  The licence will only be utilised until 9.30pm if there is a fundraising event or similar.

·  The pavilion room is not considered an exciting room to sit and drink and the applicant does not expect people to hang around there and drink. The applicant also doesn’t expect people who are driving to be drinking, and only envisions people staying for 1 drink during or after a match.

·  There is a car park at the pavilion for people who are using the facilities. The applicant does not believe that people will drive up to the clubhouse after visiting the pavilion to stay and drink.

A supporter in attendance, informed the Sub-Committee that she is the person who instigated the petition, and her children regularly access the club. She explained she has been attending the club since before the refurbishment and complimented the massive improvements to the grounds and commented on the positive impact on local children in the area. Ms Wormsley explained that the costs of running and maintaining is significant and parents are helping to raise funds for the club, but this is limited. Ms Wormsley explained that the club is family orientated and she has never experienced any type of abusive behaviour. The licence applied for provides an opportunity to host events and there have been no issues associated with past events where alcohol was sold. Finally, it was confirmed that the club provides each child with a kit and water bottle which is a significant cost, but also ensures inclusivity.

The objectors in attendance put forward their concerns as follows:

·  Residents who live along the eastern border of the playing fields overlook the playing fields where the application site is, and they have a clear and open view of the pavilion building. It is estimated that there are a number of houses within 160 yards of the pavilion.

·  The noise and disturbance generated from the site has increased over the last 3 years.

·  The club uses portable flood lights that shine directly onto neighbouring properties and due to the noise generated from events and training, residents feel they are unable to use their gardens during certain hours.

·   Some residents feel that alcohol sales and consumption will increase pre-existing noise levels.

·  Individuals have trespassed using residents’ gardens to access the playing fields.

·  Residents have complained regarding the proximity of bouncy castles / inflatables and noise generated from events, as well as footballs being kicked into residents’ gardens due to goalposts being positioned close to their gardens.

·  Noise is generated from car doors being shut late at night and noise is generated from people chatting.

·  It is usually noisiest during the summer months, and this is typically their busiest period.

·  It is believed that the consumption of alcohol doesn’t set a good example for young children and will only generate additional noise.

Further to questions from Sub-Committee Members, the following was confirmed:

·  Residents attempted to raise a complaint to EPT during the construction phase of the pavilion but could not get through as it was over the weekend. Residents did not raise any other complaints and accept that they have to ‘live with the noise’.

·  The applicant explained that other local teams use the playing fields for fundraising events and are not always aware of how close the boundary is to neighbouring properties. It was confirmed that the feedback has been listened to, and the club will seek to foster better relationships and work on open communication.

·  The applicant confirmed that there will be no advertisement within or outside of the premises regarding the sale of alcohol.

·  There will be no use of glass or bottles.

The applicant summarised by explaining there is no other sporting venue nearby that does not have an alcohol licence. The applicant believed that noise will not be increased as a result of the licence, and children playing naturally generates noise. The applicant explained they currently have around 1,100 members and this will be increasing, and the sports facilities are a benefit to the local community and children.

At this point in the meeting, the Sub-Committee moved into private session to deliberate on the application. In reaching its decision, members considered the report of the Head of Elections, Licensing and Regulatory, including the written representations opposing the application. The Sub Committee also had regard to the relevant provisions of the Licensing Act 2003, the Guidance issued under Section 182 of the Act and Leeds City Council’s Statement of Licensing Policy. The Sub Committee also considered the oral representations, contributions, and explanations from the applicant, supporter, and objectors.

RESOLVED – To grant the premises licence as applied for subject to the inclusion of amendments to the operating schedule as agreed with EPT and WYP.