The Assistant Director Waste, Fleet and Transport Services will present a report (Document “O”) which outlines an application for a variation to extend permitted hours for  the sale of alcohol, provision of regulated entertainment and provision of late night refreshment on a Friday and Saturday.  

Members are invited to consider the information and documents referred to in this report and, after hearing interested parties, determine the related application.

(Melanie McGurk – 01274 431873)

RECORD OF A HEARING FOR VARIATION OF  A PREMISES LICENCE FOR BANYAN, UNITS 1 & 2 STATION PLAZA, BROOK STREET, ILKLEY

Commenced: 1135

Adjourned: 1150

Recommended: 1200

Concluded: 1205

Members of the Panel:

Bradford District Licensing Panel: Councillors Slater (Chair), Godwin and Whittaker

Parties to the Hearing:

Representing the Applicant

Mr Lowery – Applicant

Mr Woods – Legal Representative

Observer

Ms Wallace – local resident

Representations

The Assistant Director Waste, Fleet and Transport Services presented a report (Document “N”) which outlined an application for the variation of a premises licence to extend permitted hours on a Friday and Saturday for the supply of alcohol, provision of regulated entertainment and provision of late night refreshment.

It was reported that two representations had been received from local residents which raised concerns of potential noise nuisance from regulated entertainment and noise caused by patrons leaving the premises late at night.  Concerns were also raised regarding public disorder and broken glass and other detritus littering the pavements.  The representations were appended to Document “N”.

The applicant’s legal representative addressed the meeting and advised Members that he had spoken to the observer present at the meeting and had offered an open meeting to attend the premises at any time to discuss the issues she had raised with him.  

He explained that the premises had opened in November 2017.  The premises were owned by Arc Inspiration who were a Yorkshire based company which owned 18 other premises.  The premises had been fitted out to an exceptionally high standard at a cost of just under £1m.  The premises could occupy 300 people with seating for 164 being provided.  It was explained that the food and drink sales were 50/50 and it was felt that the amount of fixed seating demonstrated that the premises were not merely a drinking environment.  The application had been made to allow the premises to open for an additional hour on Friday and Saturdays because many customers wished to remain in the premises at the time requested.  It was not felt that the variation would increase the number of customers but it would allow the existing customers to stay for longer.

It was claimed that the lack of representations from responsible authorities was testament to the fact that there had been no issues since the premises had begun operation in 2017.  The two letters of representation received from local residents were discussed and it was pointed out that they referred to the Ilkley area in general and did not comment on the premises under discussion. 

The hours of operation of other bars in the locality of the premises were discussed and it was maintained that other premises did operate hours which were later than those requested.

In response to questions, Members were informed that the yard at the rear of the premises was used as a service area for deliveries and had CCTV coverage. 

It was confirmed that, on average, approximately 100 to 150 people were in the premises at the current terminal point of business.

Members questioned the hours of operation of premises within the vicinity of Banyan.  In response the hours of operation for The Yard and Bar 26 were reported.  The Yard operated until 3am on Friday and Saturday and Bar 26 until 2.30am. 

In conclusion the applicant’s legal representative maintained that the representations received did not refer to the premises under discussion or any problems occurring.  It was reiterated that there had been no representations made from responsible authorities and that the premises were well run.  It was felt that an additional hour of operation at the premises would not impact on the licensing objectives.

Decision –

That having considered all valid presentations made by the parties to the hearing; valid written representations received during the statutory period, the published statement of licensing policy and relevant statutory guidance; the panel grants the application as applied for.

ACTION: Assistant Director, Waste, Fleet and Transport Services

Chair

Note: This record is subject to approval as a correct record at the next meeting of the Licensing Committee.