Agenda item

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

The Sub-Committee received the report of the Chief Officer Elections and Regulatory regarding the application to Grant a Premises Licence for Fulneck Golf Club, Fulneck, Pudsey, LS28 8NT

In attendance were:

• Robert Wagner – Applicant - Fulneck Golf Club Director
• Sean Wood – Proposed DPS (designated premises supervisor) – Fulneck Golf Club General Manager

The Legal Officer outlined the procedure to be followed.

The Licensing Officer presented the application, highlighting the following points:

• The application had been made by Fulneck Golf Club Ltd, for Fulneck Golf Club, Fulneck, Pudsey, LS28 8NT.
• The premises operate as a private golf club and hold a club premises certificate authorising the following licensable activities; supply of alcohol, performance of live music, performance of recorded music, performance of dance and entertainment.
• The current Premises Certificate issued under the Licensing Act 2005 was for: Supply of alcohol (for consumption on the premises) Monday - Saturday 11:00 - 23:00 and Sunday 12:00 - 22:30, Performance of live music Monday - Saturday 11:00 - 23:00 and Sunday 12:00 - 22:30, Performance of recorded music Monday - Saturday 11:00 - 23:00 and Sunday 12:00 - 22:30, Performance dance, Monday - Saturday 11:00 - 23:00 and Sunday 12:00 - 22:30 and Entertainment of a similar description Monday - Saturday 11:00 - 23:00 and Sunday 12:00 - 22:30.
• The application was for: Sale by retail of alcohol (for consumption on the premises) every day 08:00 - 23:00, Performance of live music every day 08:00 - 23:00, Performance of recorded music every day 08:00 - 23:00
• The applicant’s intention was to apply for a premises licence to allow greater flexibility in relation to non-club member events/functions.
• Responsible authorities and Ward Members had been notified of the application. Agreements, including the operations schedule, had been reached with responsible authorities and a representation from one other person remained outstanding.
• A redacted copy of the application form was available at appendix A of the report, the West Yorkshire Police representation at appendix C, Environmental Health’s representation at appendix D and one outstanding letter of objection at appendix E, on the grounds of public nuisance.

The applicant had provided the following additional details which were noted by the committee:

·  The golf club was the oldest in Leeds, open since 1892.

·  The increase in hours for sale of alcohol were proposed largely for hosting events and functions, the venue could be booked by the public.

·  The doors to the premises usually open at 12:00 noon daily which was outlined to be expected to continue as a regularity, with the cut off time for serving alcohol expected to be 23:00 if the application was granted.

·  Agreements had been made with the Environmental Protection Team with outdoor music only allowed until 22:00, however it was noted the venue will likely only play external music until 21:30.

In response to question posed to the applicant team, Members were provided with the following information:

• Attempts to mitigate against noise concerns for nearby residents were outlined as, keeping the doors closed from 21:00 onwards, in line with the Environmental Protect Team agreement for no one to be outside, except when smoking, past this time.
• Sound proofing was proposed, with a director of the club working in construction who had provided the specifications and plans; works were estimated for completion within 3 months if the application was granted.
• To limit noise when leaving the premises, there will be signage requesting patrons to be respectful and considerate of neighbours and to leave quietly. This type of noise can be harder to manage but the applicant outlined they will act responsibly and do all possible and feasible to limit disturbance.
• The sale of alcohol hours from 8:00 was proposed to host special events and will not be a regular opening time. Advice from Entertainment Licensing was to apply for the longest expected hours so Temporary Event Notices will not be needed for specific functions. The early licensed hours will not be advertised.
• Patrons were mostly comprised of private members and some local walkers who tend to arrive towards lunch time and was not a venue for regular, heavy drinking.
• The nearest residential property was considered to be fairly close by the applicant and DPS. A landline and personal mobile number for the general managers will be shared should residents feel disturbed and want to discuss or complain.
• CCTV was confirmed to be in place or proposed for all external areas to the venue and from behind the bar the cameras will be able to capture all internal space of the premises. A member of the club was a security expert who had outlined all the necessary CCTV coverage which was proposed to be installed after grant of a license due to high costs.
• West Yorkshire Police had suggested a door man may be appropriate for the venue, however it was established that the premises will not be advertised for passing trade as a pub or nightclub and members of the public were only expected during planned family party bookings. A door man was not needed previously which was also the expected case under any new license.
• Last orders for drinks were to be at 23:00 with all patrons off the premises by midnight; later hours of drinking were mainly expected to be utilised for pre-booked parties and functions. 
• Outdoor music events were proposed up to once or twice a year, which will require a Temporary Event Notice and will be expected to finish before 23:00.
• Clarity regarding the difference in opening hours, detailed in the letter to residents from the club President, at page 9 of the Supplementary Information Pack, was sought by Members. It was outlined that the golf course and premises were busier during the summer and opening all day everyday through winter will be unaffordable. The main months of business will be between April and October, with a few winter functions expected to be booked, such as wakes.
• Assurance was offered to nearby residents that the expected hours schedule will be followed, with flexibility on some occasions.

The Licensing Sub Committee considered all the information provided to them by the responsible authorities, residents and applicant, and regarded the 2003 Licensing Act.

RESOLVED: That the application to grant of a Premises Licence for Fulneck Golf Club, Fulneck, Pudsey, LS28 8NT be granted, as applied for.