Agenda item

To receive the report from the Licensing Manager, which asks Members to determine an application for a premises licence, which has been made under the Licensing Act 2003.

The Sub-Committee considered the application to grant a premises licence for the Tadclub Limited, trading as The Legion, 49 Church Street, Tadcaster, LS23 9AS.  The hearing had been necessitated by representations which had been received from ten members of the public.

The Licensing Manager presented the report and outlined the details of the application.  It was confirmed that no additional papers had been received since the agenda had been published, and the members were made aware of an error on page four of the report; at 1.2, licensable activities, the sale of alcohol should read, for on and off sales.

The Sub-Committee were informed that the premises already held a Club Premises certificate.  It was also noted that representations had been received from North Yorkshire Police and the Responsible Authority in response to the original application, which had applied for the licence to be granted for 24 hours from Monday to Sunday.  These representations had since been withdrawn following a reduction in the opening times, and conditions had been agreed with both North Yorkshire Police and the Responsible Authority which would now be included in the operating schedule.

The Sub-Committee listened to evidence from the Applicant, Mr Lee and evidence in support of the relevant representations from one of the members of the public.

Mr Lee explained that he had taken over the premises 18 months previously, and that he was retaining the Social Club for the benefit of members, however the current licence was too restrictive for the way in which he wished to build and expand the business.  In relation to customer noise, Mr Lee stated that he had staff to control the perimeter of the club and the beer garden area to minimise any noise, and that CC-TV was being installed.  Mr Lee also confirmed that he would be applying for a personal licence himself in September.

In relation to the off sales business, Mr Lee stated that off sales would not affect Tadcaster town as the deliveries would be out of the area, and the delivery vehicle would already be loaded with some of the most frequently ordered brands to keep noise to a minimum.   

 Mr Lee commented that he took his responsibilities seriously and was pro-active in being a good neighbour; and felt that his neighbours should take reassurance from the fact that both North Yorkshire Police and the Responsible Authority had withdrawn their representations.

The representor stated that the people who had made the representations were objecting to the application on the grounds of prevention of crime and disorder, and the prevention of public nuisance objectives. He raised grave concerns that in the past Tadcaster had a history of anti-social behaviour, at that time Street Marshalls had been deployed, and it had taken considerable time to eradicate the problem.  Local residents felt that granting the Premises licence with additional hours would exacerbate the issue and impact the local community detrimentally.

The Solicitor confirmed with all parties that they had said all that they needed to say in relation to the application.

The members of the Sub-Committee retired together with the Democratic Services Officer and Solicitor to consider the application.  In arriving at the decision the Sub-Committee considered written and oral representations as well as the operating schedule, the Licensing Act 2003 having regard to the Secretary of State's Guidance issued under section 182 of the same; and the Council's Statement of Licensing Policy.

RESOLVED:

To grant the application subject to the modification of the conditions consistent with the operating schedule as follows:

i.              To replace and amend condition [12] at page 43 of the agenda papers as follows:

The beer garden at the Premises shall not be used (save for smokers) between the hours of 23:00 and 09:00 the day following

REASONS FOR DECISION:

The Sub-Committee considered that it was appropriate and proportionate for the promotion of the Prevention of Public Nuisance Licensing Objective to ensure that customers of the premises did not eat and/or drink in this area between these times. The decision to replace was based on the oral evidence of the representor, the written representations of the Interested Parties and the concern that, if unregulated, customer noise late at night has the potential to negatively impact the Licensing Objective of the Prevention of Public Nuisance.

ii.            To replace condition [16] at page 43 of the agenda papers as follows:

The Premises Licence Holder shall risk assess the need for SIA Licensed Door Supervisors and staff levels at the Premises.

Additional risk assessments shall be produced for Bank Holiday Weekends and local/national events

A copy of the risk assessment(s) shall be kept at the Premises and made available for inspection by Responsible Authority Officers.

REASONS FOR DECISION:

The Sub-Committee listened to the concerns expressed by the representor and in the written representations regarding anti-social behaviour (ASB) in the local area. Whilst the Sub-Committee noted that the concerns of ASB didn't, specifically, relate to the Premises the Sub-Committee wanted to ensure that the Premises did not negatively contribute to ASB in the local area. The Sub-Committee were mindful of the assurances from Mr Lee on behalf of the Applicant that the Premises would not contribute to ASB and that customers would be self-policed by the Premises.

iii.           To replace and amend condition [2] at page 47 of the agenda papers as follows:

Save for access and egress of persons, the Premises Licence Holder shall ensure that all doors and external windows are kept closed between 23:00 and 09:00 the following day.

REASONS FOR DECISION:

The Sub-Committee considered that it was important to ensure that noise escape from the premises was minimised and that this condition supported the other conditions agreed between the Applicant and the Environmental Health Officer. The Sub-Committee felt that this condition was appropriate and proportionate to ensure the Prevention of Public Nuisance Licensing Objective is promoted, particularly in relation to customer and music noise.

iv.           To add conditions as follows:

There shall be a Personal Licence Holder on duty at the Premises from 20:00 until the Premises closes to the public on Friday and Saturday nights

The Premises Licence Holder shall risk assess the need for a Personal Licence Holder to be on duty on other days and at other times, particularly with regard to Bank Holiday Weekends and local/national events.

REASONS FOR DECISION:

The Sub-Committee listened carefully to the submissions made by Mr Lee on behalf of the Applicant. The Sub-Committee appreciated Mr Lee's comment that the Premises Licence Holder would employ “sufficient” staff but felt that, on balance, it was important, particularly in light of the later hours being granted by virtue of the Premises Licence, to ensure that a Responsible Person (be that the Designated Premises Supervisor or another Personal Licence Holder) be on duty later in the evening on Friday and Saturday nights.

The Parties were informed of the decision and the right of appeal.

In granting the application (as amended) the Sub-Committee noted that many of the Licensable Activities and hours for the same were already permitted by virtue of the existing Club Premises Certificate.

The Sub-Committee took the opportunity to remind the Applicant of its responsibilities as a Premises Licence Holder and the need to be a good neighbour to local residents and businesses. The Sub-Committee hoped that the Applicant would approach those who made relevant representations with a view to ensuring a dialogue between the parties moving forwards.