Agenda item

To receive and consider the report of the Chief Officer Elections and Regulatory regarding an application for the grant of a premises licence made by WPC7 Ltd., for Rileys, Unit 1, 123 Albion Street, Leeds, LS2 8ER.

The Chief Officer Elections and Regulatory submitted a report for Members consideration on an application for the grant of a premises licence made by WPC7 Ltd., for Rileys, Unit 1, 123 Albion Street, Leeds, LS2 8ER.

Attending the meeting were:

• Chris Rees-Gay, Woods Whur – Applicant’s Representative
• Craig Mayes, CEO, WPC7 Ltd - Applicant

The Legal Officer explained the procedure for the hearing. Clearer colour copies of the Landlord Pack, contained within the first supplement pack for Item 7 were tabled by the Applicant’s Representative, with agreement from the Chair.

The Licensing Officer presented the application informing the Members of the following points:

• The application was for the grant of a premises licence made by WPC7 Ltd., for Rileys, Unit 1, 123 Albion Street, Leeds, LS2 8ER and was proposed to operate as a social, competitive sports and entertainment venue.
• In summary the application was for: sale by retail of alcohol every day 10:00 – 03:00 (for consumption both on and off the premises) late night refreshment every day 23:00 – 03:00 and exhibition of a film every day 10:00 – 03:00. Non-standard timings: Licensable activities were to be extended from the end of the permitted hours on New Year’s Eve to the start of permitted hours on New Year’s Day.
• A copy of the application form was contained within appendix A on page 61 of the report pack. Agreements had been reached with the Environmental Protection Team (EPT) and WYP and details were available at appendix D and E, respectively. As part of supplement pack 2, additional agreed conditions were contained.
• 8 representations had been made in objection, on the grounds of public nuisance and were contained at appendix F on page 91 and remained an outstanding matter for consideration by the Sub-Committee.
• Members were advised that the premises was within the Cumulative Impact Assessment Area (CIA) for the City Centre but was not within the two red zones, so licences, and appended conditions, were to be tailored to address the measures and impact on the CIA.
• A list of surrounding licensed premises was available at appendix H from page 167 of the report pack.

The applicant’s representatives provided the Sub-Committee with the following information:

• The application was sought to be granted, as applied for and including the additional conditions contained in supplement pack 2.
• The application was submitted by WPC7 Ltd on behalf of Rileys. Rileys was founded in 1878 and had been operating venues on a largely unchanged model since 1976.
• Tables and equipment for playing snooker, pool, table tennis, golf and darts were provided at the venue, with 13 existing sites across England, Scotland and Wales. The venue was largely targeted at students but was open for all ages. 4 full time and 20 part times jobs were to be created upon approval of the licence.
• Historically, there had not been a review held against any of the Rileys Venues. The applicant / CEO for WPC7 Ltd held 25 years of experience within the organisation and the proposed operations manager was also noted to be experienced. An additional general manager was to be appointed, who would likely be brought in from the existing management structure at Rileys.
• All staff at Rileys were trained on compliance with and promotion of the licensing objectives, including refresher courses.
• The application for: Sale by retail of alcohol every day 10:00 – 03:00 (for consumption both on and off the premises) Late night refreshment every day 23:00 – 03:00 Exhibition of a film every day 10:00 – 03:00 was considered appropriate and proportion with the area and business model. The market analysis was based on similar existing Rileys venues in comparable locations such as Nottingham, Manchester and Coventry.
• Details of the pre-engagement efforts made were contained at pages 3 and 4 of the first supplement pack. The impact of the Public Spaces Protection Order (PSPO) had been considered and a condition had been included restricting any sale of alcohol for consumption off the premises.
• Playing recorded music had not been applied for and only background music was proposed, which was noted to limit any disturbance to nearby residents.
• As agreements had been reached with responsible authorities, it was noted, they were the experts in regard to appropriate measures to limit and reduce nuisance, crime and disorder. Reference to 9.12 of the Licensing Act 2003 was made.
• The premises was not within the CIA red zones and the style of operations was considered to be of low impact. There was no evidence base for crime or disorder stemming from the premises and the agreed conditions with WYP were considered sufficient.
• A copy of the Rileys Landlord pack had been sent to the 8 objectors, including contact details for the applicant in case issues arose that impacted the nearby residents.
• The depth and considered nature of the conditions contained in supplement pack 2 were stressed, with condition 1 for the premises to remain as a sports and entertainment venue, 2 for CCTV measures, 3 for a register held by the DPS/licence holder,  4 for door staff, 5 for an incident log, 11 and 12 for limiting and addressing noise, nuisance and crime, 21 and 22 for limiting delivery hours and noise from patrons leaving the premises and section e) covered operations for Challenge 25 and refusing sales appropriately. Additional agreed EPT conditions were for no plant and machinery and outside noise reduction measures; an additional 34 conditions were contained in this document.
• Addressing the objecting representations, it was noted that there was a misconception relating to noise and disturbance as no recorded or live music had been applied for, there was a 15 minute table change over time proposed to limit noise and congregation and vomit and glass litter concerns were not based on evidence as the premises was not a night club or vertical drinking establishment.
• The objections were not evidence based and Rileys was not to be compared to the previous licensed premises at this location, Players bar. Members were reminded of the powers of review available if any issues arose.
• The Thwaites Case was referenced in order to relay the importance of decision making against evidence and it was requested that Members grant the application alongside the robust conditions.

Responding to questions from Members the Sub-Committee were informed of the following by the applicant team:

• It was confirmed that the objection originally lodged by EPT had been withdrawn and conditions had been agreed and were considered appropriate to the premises operations.

In summing up the applicant’s representative outlined the following:

• Pre-application consultation and engagement had been conducted and Rileys was considered to be a good and trustworthy operator.
• The management and DPS were considered experienced and had shared their details with concerned parties.
• There was no registered evidence against the application or any other Rileys operated premises.
• The powers of review and Thwaites case were again referenced.

RESOLVED – To grant the application, as applied for and subject to the additional conditions agreed with the Environment Protection Team and West Yorkshire Police.