Agenda item

To consider the report of the Chief Officer Elections and Regulatory on an application to vary a premises licence, made by Punch Partnerships (PTL) Limited, for Gardeners Arms 383 Leeds Road, Lofthouse, Wakefield, WF3 3QE.

The report of the Chief Officer, Elections and Regulatory presented an application to vary a Premises Licence held by Gardeners Arms, 383 Leeds Road, Lofthouse, Wakefield, WF3 3QE.

The following were in attendance for this item:

·  George Domleo, Flint Bishop LLP – Representing the applicant

·  Matthew Kelly - Designated Premises Supervisor

·  Claire Richardson – Business Development Manager

·  Councillor Stephen Holroyd-Case – Local Ward Councillor

The Legal Officer explained the procedure to be followed and the Licensing Officer presented the application.

The variation applied for was to:

·  Extend the terminal hour for the sale of alcohol on Monday to Wednesday to midnight, on Thursday to Saturday until 01:00 the following day, and on Sunday to 23:30

·  Extend the opening hours to allow the premises to close on Monday to Wednesday at 00:30 the following day, on Thursday to Saturday at 01:30 and on Sunday at midnight.

Responsible authorities and Ward Members had been notified of the application and representations had been made by the Environmental Protection Team and other persons.  Prior to the meeting, an agreement had been reached with the Environmental Protection Team and their representation had been withdrawn.

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

•  The current Licence had been held since 2003 and the Designated Premises Supervisor had been there since July 2023.

•  The premises were visited by an Area Manager every four weeks.

•  The application for an extra hour each day was to allow flexibility and to allow customers to continue drinking in a safe and enjoyable environment.

•  There would be no change to the style of operation at the premises.

•  The application was to accommodate dates for sporting events on an evening. 

•  There would be no increase in the times for other licensable activities.

•  Details were provided explaining 8 Temporary Event Notices had been used at the premises during the past 2 years.  These had not been objected to and there had not been any complaints that were known about during these events.

•  Conditions had been agreed with regard to the emptying of bottle bins and staff supervision during the dispersal of customers at closing times.

•  The applicant had a good working relationship with local police and was also Chair of the Rothwell Pubwatch Scheme.

•  The applicant appreciated the anxiety expressed by local residents but was confident with the conditions offered that there would be no issues going forward.

•  The lack of representations from responsible authorities was important.  If there were concerns from the place it was expected that an objection would have been submitted.

•  The applicant offered the following two conditions in addition to those agreed with the Environmental Protection Team:

1.  A dedicated telephone number or email address for the DPS or manager will be given to any resident upon request to allow complaints to be made directly at all times the premises is open.

2.  A record of complaints to be maintained to record details of any complaints received.  The information to be recorded shall include the date and time of complaint and subsequent remedial action undertaken and (where disclosed) the complainant’s name and location. The record of complaints shall be kept for a minimum of 12 months from the date of the last record made and shall be available to the Licensing Authority or responsible authorities on request.

It was reiterated that TENs had been used at the premises on numerous occasions without incident and it was hoped that the premises could continue to operate as a community asset.  It was a difficult time for the hospitality sector with spiralling costs and economic uncertainty and the right kind of premises needed to be supported.  It was requested that the application be granted.

A local Ward Councillor addressed the Committee on behalf of local residents.  The following was highlighted:

·  The premises was in a built-up residential area with no other late night premises such as takeaways or restaurants nearby.

·  There were other local premises which showed sports but they had not requested later opening hours.

·  If residents wished to continue drinking, the city centres of Wakefield and Leeds were accessible.

·  Residents had concerns regarding anti-social behaviour in the area and this could be exacerbated by extended hours.  This was a village pub in an area surrounded by families with young children.

·  Local residents had been disturbed by people leaving the premises through a residential parking area.

·  The offer of a dedicated number for complaints was appreciated, this had not been available before.

·  There would be increased disturbance with late night opening as the premises could be used as a meeting point.

·  Police response to issues was quite low and would potentially be the same with extended hours.

·  Resident had raised concern when TENs had been used at the premises but did not know how or who to complain to.

In response to questions from the Sub-Committee, discussion included the following:

·  Although it was acknowledged that sporting events had usually finished by 23:00, there was an organised bus to and from the premises to Leeds United matches.  The premises were usually closed by the time the bus returned after evening kick-offs and this extension would give the opportunity for extra trade.  It would also give customers the opportunity to watch South African rugby which kicked off later. It was not proposed to use the additional hours every day.

·  The applicant had agreed additional conditions with Environmental Protection and offered conditions of their own to address the concerns of residents.

·  The applicant would be willing to install new fencing to prevent customers from disturbing residents when leaving the premises.  There was also a dedicated company that carried out maintenance and cleaning of the exterior of the premises.

·  Door staff had only previously been employed on Mad Friday, Christmas Eve and New Year’s Eve.  An objection would have been submitted by the police if it was felt that door staff were required.

·  The application had been submitted to allow for flexibility.  TENs were not always suitable when sporting fixtures were announced at short notice due to changes made for television.

·  Concern that local residents had not been aware of the proposals and had only discovered them by chance.  It was reported that all statutory notices had been published and displayed as required.

·  The applicant was willing to give their contact details directly to the local residents who had submitted objections and indicated that they would be happy to continue with the current hours permitted on Monday and Thursday.

The applicant was invited to summarise.  Thy reminded the Sub-Committee that they wished to continue as a local community pub with the flexibility for later opening to satisfy customer requirements during sporting events.  There was no need for door supervisors at the premises and the applicant was willing to accept the conditions agreed with Environmental Protection and the conditions proposed with regards to providing contact details and incident reporting.

The Sub-Committee went into private session to make their deliberations and carefully considered the report of the Chief Officer, Elections and Regulatory, the submissions made in writing and at the hearing, and also the Statement of Licensing Policy.

RESOLVED – That the application be granted as follows:

·  Extend the terminal hour for the sale of alcohol as applied for on Tuesday and Wednesday to midnight, on Friday and Saturday until 01:00 the following day, and on Sunday to 23:30 (timings on Monday and Thursday to remain as existing)

·  Extend the opening hours to allow the premises to close on Tuesday and Wednesday at 00:30 the following day, on Friday and Saturday at 01:30 and on Sunday at midnight (opening hours on Monday and Thursday to remain as existing)

And to attach the conditions as agreed with the Environmental Protection Team and those offered by the applicant relating to a dedicated contact telephone number/email address and incident reporting.