Report to Licensing Board re The Byards Leap Daresbury Drive
REPORT OF THE ASSISTANT CHIEF EXECUTIVE OF Ref No: LG/242/05
LEGAL AND GOVERNANCE TO THE LICENSING BOARD
LICENSING ACT 2003
THE BYARDS LEAP, DARESBURY DRIVE, SHEFFIELD S2 2BJ
1.0 PURPOSE OF REPORT
1.1 To consider an application for the variation of the premises licence made under section 34 of the Licensing Act 2003.
2.0 THE APPLICATION
2.1 The applicant is Set Leisure Ltd.
2.2 The application which was received on 28th July 2005 is attached to this report
labelled appendix A. Part A of the application form relates to conversion only. The
details of the variation are shown in Part B of the application. It is important that
Members of the Licensing Board fully appraise themselves of Part B of the application
form.
2.3 Page 8 of the Application form details “Briefly the nature of the proposed variation.” This is repeated here as: -
“ 1) To permit regulated entertainments, comprising:
- Live acoustic/ amplified music and amplified voice
- Recorded music, including jukebox & Karaoke
- Compere for functions, quizzes etc with amplified voice
- Pub games in front of an audience
- Video entertainment on T V screens and amusement machines
- Facilities for music and dancing
2) To offer permitted regulated entertainments throughout opening hours
3) At the end of permitted hours for the sales of alcohol to remain open for 30 minutes as a wind down period
4) Remove all embedded restrictions inherent in the Licensing Act 1964, the Cinematograph (Safety) Regulations 1955 & the Childrens and Young Persons Act 1933 ”
3.0 REASONS FOR REFERRAL
3.1 Representations concerning the application for variation set out in Part B of the form have been received from the following responsible authorities: -
a) South Yorkshire Police Appendix B
b) Health Protection Service Appendix C
3.2 An attempt was made to resolve the representations set out at Appendix B and C which was unsuccessful. Accordingly as set out in the Licensing Act 2003 the matter is referred to Licensing Board for determination.
3.3 The applicant and representatives from the responsible authorities have been invited to attend the hearing and copies of the front page of the notices are attached to this report labelled Appendix D.
4.0 CONVERSION OF LICENCE
4.1 No relevant representations have been made regarding the application for conversion and I have therefore granted the new converted premises licence.
5.0 FINANCIAL IMPLICATIONS
5.1 There are no specific financial implications arising from this application. However additional costs may be incurred should the matter go to appeal. In such an eventuality it may not be possible to recover all these costs. The impact of these additional costs (if any) will be kept under review and may be subject of a further report during the year.
6.0 THE LEGAL POSITION
6.1 The Licensing Act 2003 at section 4 (1) requires the Licensing Authority to carry out its functions with a view to promoting the Licensing Objectives which section 4(2) sets out as: -
a) the prevention of crime and disorder,
b) public safety,
c) the prevention of public nuisance,
d) the protection of children from harm.
6.2 Section 4(3) of the Licensing Act also requires the Licensing Authority to have regard to the published statement of Licensing Policy and any guidance issued by the
Secretary of State under section 182.
7.0 HEARINGS REGULATIONS
7.1 Regulations governing hearings under the Licensing Act 2003 have been made by the Secretary of State.
7.2 The Licensing Authority has provided all parties with the information required in the Regulations to the 2003 Act as set out at Appendix E
7.3 Attached at Appendix E is the following: -
a) a copy of the Notice of Hearing;
b) the rights of a party provided in Regulations 15 and 16;
c) the consequences if a party does not attend or is not represented at the hearing
d) the procedure to be followed at the hearing.
8.0 APPEALS
8.1 The Licensing Act 2003 section 181 and Schedule 5 makes provision for appeals to
be made by the applicant and those making representations against decisions of the Licensing Authority to the Magistrates Court.
9.0 RECOMMENDATIONS
9.1 That members carefully consider the representations made and take such steps as
the Board consider necessary for the promotion of the Licensing Objectives
10.0 OPTIONS OPEN TO THE BOARD
10.1 To authorise the Assistant Chief Executive of Legal and Governance to vary the
premises licence in the terms requested.
10.2 To authorise the Assistant Chief Executive of Legal and Governance to vary the
premises licence with modified conditions.
10.3 To authorise the Assistant Chief Executive of Legal and Governance to reject the
whole or part of the application.
Liz Bashforth
Assistant Chief Executive
Legal and Governance
Chief Executive’s
Town Hall
Sheffield City Council
S1 2HH
8th September 2005