Agenda item

To consider the report of the Chief Officer Elections and Regulatory on an application for the grant of a premises licence, made by D McCallum, for Blayds Bar 3 - 5 Blayds Yard, Leeds, LS1 4AD. The premises previously held a licence which lapsed. This application is to replace the previous premises licence and proposes the same licensable activities and hours.

The report of the Chief Officer, Elections and Regulatory presented an application for the grant of a Premises Licence at Blayds Bar, 3-5 Blayds Yard, Leeds, LS1 4AD.

The following were in attendance for this item:

·  Ed Smith, Levi Solicitors LLP – Applicant’s Representative

·  Duncan McCallum – Applicant

·  Paul Evans – Supporting the Applicant

·  Gillian Dobson – Supporting the Applicant

·  Sue Duckworth – Entertainment Licensing

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

The application was for:

Sale by retail of alcohol, performance of live and recorded music, performance of dance and entertainment of a similar description

Monday – Saturday 11:00 to 01:00

Sunday  12:00 to 00:30

Non standard timings

No non-standard timings for bank holidays or special occasions are proposed.

The premises was previously licensed and the licence had lapsed due to the dissolution of the holding company.  The application mirrored that of the lapsed licence.

Representations had been received from other persons and a responsible authority.

There had been 47 letters of support and 1 objection.  There had also been a petition in support of the application. A representation had been received from the Licensing Authority as the premises were within a designated red zone of the City Centre Cumulative Impact Area.

The applicant’s representative addressed the Sub-Committee.  The following was highlighted:

·  The application mirrored the historical licence at the premises and had an extensive schedule of conditions.

·  The applicant has operated the premises for eighteen years and it was an important part of the LGBT community.

·  The applicant’s husband had passed away and following this, the company that held the licence was dissolved and the licence lapsed accordingly.  The premises had been operating with the use of Temporary Event Notices since.  An application had been made to restore the dissolved company which would also restore the lapsed licence.  Granting this application would effectively enable the premises to trade until December when the previous company was restored.

·  The licence applied for was on the exact same terms of the lapsed licence.  The premises had operated with TENS since the lapse of the licence without incident.  The applicant was a highly respected member of the trade and the only issue was the premises location within the Cumulative Impact Area.

·  The application would satisfy the requirement that the licence would not  increase the impact of licensed premises in the area.  There had not been any objections from Environmental Protection or West Yorkshire Police.

·  There had only been one objection and that lacked any real evidence and it was questioned whether the objection made was valid.

·  There had been 47 positive representations and a petition that had gained over 2,600 signatures within a week.

·  Should the company that previously held the licence be restored then the licence would be reinstated.  Should the licence be granted today and the company be restored, one of the licences will be surrendered.

Supporters of the application addressed the Sub-Committee.  The following was highlighted:

·  The premises was an iconic bar for the LGBT community and provided a safe place for everyone.

·  The applicant ensured the premises were operated in a safe manner and the refusal of a licence would have a massive impact on the LGBT community.

·  The bar was a safe place and suitable to visit alone.  It had never known for any of the emergency services to be called.

·  The bar assisted people in getting home and was also suitable for the older community as well as the LGBT community.

·  The bar provided space for community groups and was a community hub.  People would lose a safe place to meet if the application was not granted.

·  With regards to objections regarding noise, the nearby properties were operated as Air BnBs and weren’t always occupied.

A representative of the Licensing Authority addressed the Sub-Committee.  The following was highlighted:

·  The area was suffering from high levels of crime and disorder due to the high density of licensed premises.  This was generally due to the high level of people in the area late at night and not necessarily relatable to one premise.

·  Members were asked to consider the application as a new licence with the sale of alcohol at peak hours and would there be an impact on the Cumulative Impact Area.  Members were also asked to consider:

o  That this was a replacement licence.

o  The hours applied for were moderate.

o  That although it was in the Cumulative Impact Area, the premises were away from the main street and away from the main footfall.

o  If it was considered that the application would have a negative impact, it should be refused.

The applicant’s representative was asked to summarise.  It was reiterated that though the premises fell within the Cumulative Impact Area, this was to replace a lapsed licence which would be reinstated upon the restoration of the dissolved company that previously held the licence. The applicant had a successful track record operating from the premises, there were no representations from the Police or the Environmental Protection Team and it was felt that the criteria for granting a licence in the Cumulative Impact Area had been demonstrated.

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 licence be granted as applied for.