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0113 395 1599 Helen.Gray@Leeds.Gov.Uk Your Reference: Our Reference:A61/Hg/Potternewton Park FINAL Chief Executive’s Department Governance Services 4th Floor West Mrs D Preston Civic Hall Chief Recreation Officer Leeds LS1 1UR Learning & Leisure 7th Floor West Merrion House Contact: Helen Gray Merrion Centre Tel: 0113 247 4355 LS2 8DT Fax: 0113 395 1599 [email protected] Your reference: Our reference:A61/hg/potternewton park 3 August 2006 APPLICATION FOR THE GRANT OF A PREMISES LICENCE - “POTTERNEWTON PARK”, HAREHILLS AVENUE, LEEDS 7 On 6TH June 2006 the Licensing Sub Committee heard an application made by Mrs Denise Preston, LCC Department of Learning and Leisure, for the grant of a Premises Licence in respect of land situated within Potternewton Park, Harehills Avenue, Leeds LS7. The application sought was as follows: - Sale and supply of alcohol (for consumption on and off the premises): Sunday 12:00 noon until 22:30 hours Monday to Saturday 10:00 hours until 23:00 hours - Provision of Plays, Films, Boxing or Wrestling entertainment, Live Music, Recorded Music, Performances of Dance (all of these both indoors and outdoors) Indoor Sporting events, anything similar to live/recorded music or performances of dance (such as fashion shows, non-animal circuses, festivals and exhibitions), provision of facilities for dancing and provision of facilities for entertainment similar to making music or dancing Sunday to Saturday 08:00 hours until 23:00 hours The Sub Committee noted that the Park was a public open space which is therefore open 24 hours per day 365 days of the year. This letter represents the formal decision of the Sub Committee in respect of the application. Preliminary Procedural Issues The Sub Committee considered preliminary matters of a purely procedural nature. www.leeds.gov.uk switchboard : 0113 234 8080 FINAL There were no declarations of interest made. The Sub Committee then decided that the procedure for the hearing would not be varied. The Committee also considered if the public should be excluded from any parts of the hearing. The Sub Committee decided to exclude the public from that part of the hearing where Members would deliberate on the application as presented. This would allow them to have a full and frank discussion on all matters put before them and this fact outweighed the public interest in not doing so. Prior to the hearing the Sub Committee had considered the Licensing Officers Report which contained the application as submitted, along with a Pro Forma Risk Assessment completed by the applicant. Also included were copies of letters of representation from the following local residents: Kathy Anderson, 2 Bracken Edge, Leeds LS8 4EE M S Walmer, 12 Bracken Edge, Leeds LS8 4EE Mr J and Mrs W Callaghan, 15 Garmont Road, Leeds LS7 3LY Mr K Whitall, 27 Avenue Crescent, Leeds LS8 4HD The local residents did not attend the hearing, however their written submissions would be considered. The Sub Committee permitted each party 10 minutes in which to make their case. This time limit was imposed having regard to the relevant Regulations and in the interests of consistency and the efficiency of business. The Sub Committee then went on to consider the application. The Hearing The Sub Committee considered the verbal submission made by Mrs D Preston, the applicant, who described the nature of the application and addressed d the comments of the interested parties. She was accompanied by Mr David Morgan, LCC Department of Learning and Leisure. In determining the application the Sub Committee took into account all written submissions contained within the report which had been circulated prior to the hearing. After considering the evidence and submissions the Sub Committee needed to satisfy itself that granting the application would promote the licensing objectives. In reaching this decision the Sub Committee had regard to the provisions of the Licensing Act 2003, guidance under Section 182 of that Act and the Council’s own Licensing Policy. In particular the Sub Committee took into account Sections 17 & 18 of the Act because these were the most relevant to the application and Chapter 7 of the Guidance relating to the prevention of crime and disorder, public nuisance and public safety www.leeds.gov.uk switchboard : 0113 234 8080 FINAL The Sub Committee then went onto consider the following paragraphs of the Licensing Policy as the Sub Committee took the view these paragraphs had bearing on the application 11:05 to 11:10 Crime & Disorder 11:11 to 11:22 Public Safety 11:23 to 11:28 Public Nuisance The Sub Committee decided the cumulative impact policy did not apply to this application. Reasons for the decision The Sub Committee considered the representation from Mrs Preston, the applicant who addressed the application and the comments of the local residents. Mrs Preston began by explaining that a Premise Licence was required for this site principally for Carnival and reggae events which historically been held at this Park. Additionally, in view of earlier decisions of the full Committee regarding parks applications, Mrs Preston made an undertaking to employ the “Check 21” approach with regards to sales of alcohol to young people, rather than the method outlined in the application With regards to the sale of alcohol, Mrs Preston stated that previous Carnival/reggae events had been difficult to manage with regards to the sale and consumption of alcohol. She stated that she believed the new legislation with the inclusion of the new Designated Premises Supervisor in place, would make such events much better managed. In addition, any event would require all relevant agencies to work together. Turning to the objectors submissions, Mrs Preston explained that she had been in contact with Mr & Mrs Callaghan who had lodged a representation as they had been under the impression that this requested Premise Licence would cover The Mansion (within the park). Mrs Preston had explained that it would not, and had therefore expected this objection to be withdrawn. With regards to the “clean up” after the events, Mrs Preston confirmed that, although this was difficult, it was usually completed within a few days. With regards to noise, Mrs Preston confirmed that any noise emitted from the event was always monitored by LCC Environmental Health, although it was true that some noise was generated by smaller events associated with the Carnival in adjacent streets. These may be the source of noise disturbance to the objector but would be outside the remit of the applicant and would be matters to be enforced either by LCC Environmental Health as a separate issue or by West Yorkshire Police. Furthermore, Mrs Preston confirmed that the Carnival/Reggae event was usually closed by 20:30 hours on both the Sunday and Monday evenings. In answer to a query from the Sub Committee Mrs Preston confirmed that the site within the Park was completely fenced off and would aid crowd management Responding to a question regarding the completion of the Risk Assessment, Mr Morgan confirmed that any furnishings employed throughout the events would be fire retardant and all furnishings and fittings would be governed by the Multi Agency meetings. www.leeds.gov.uk switchboard : 0113 234 8080 FINAL In conclusion, Mrs Preston further explained that the Department had agreed that for each individual event scheduled to be held at the Park, an Event Management Plan would be drawn up. This would be created in conjunction with all the statutory authorities as required and would cover issues such as noise, access/egress. The Decision The Sub Committee were persuaded by Mrs Preston’s submissions that the applicant had taken had taken sufficient steps to promote the stated licensing objectives, and felt the intention to produce an Event Management Plan for each individual event scheduled for the Park would address each of the licensing objective in detail. Therefore, having regard to the submission of the applicant and relevant parts of the Licensing Act, the Committee resolved to grant the application as requested, noting the minor amendment made by the applicant to adopt the Check 21 proof of age scheme in accordance with guidance issued by West Yorkshire Police There is a right of appeal to the Magistrates Court should you be dissatisfied with the decision made by the Committee. You must make this appeal within 21 days of this letter reaching you. Appeals should be addressed to the Magistrates Court at: Clerk to the Justices Leeds Magistrates Court Westgate Leeds LS1 3JP Appeals should be accompanied by a copy of this decision letter and the court fee of £75.00 Yours Faithfully, Helen Gray Clerk to the Licensing Sub Committee www.leeds.gov.uk switchboard : 0113 234 8080 .
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