Agenda item

To consider the Licensing Application at 10:00am.

Contact – Steve Mycroft, Licensing Officer – 01484 221000

RESOLVED –

That the application for the grant of a premises licence in respect of premises known as Level, 47 – 49 Station Road, Batley, WF17 5SU, be granted as applied for.

The Panel considered a report which outlined an application for the Grant of a Premises Licence, Level, 47 – 49 Station Road, Batley, WF17 5SU.

The Licensing Officer outlined the application, advising the Panel that on the 4^th August 2025, the Licensing Department received an application for the Grant of a Premises Licence, Level, 47 – 49 Station Road, Batley, WF17 5SU. The premises had previously been licensed as a night club from the 3^rd August 2005 to the 30^th January 2013. There had been no issues or concerns reported or recorded during that time.

The premises had benefitted from several Temporary Event Notices (TEN’s), one application per month from the 16^th December 2023 to the 20^th December 2024. The events took place between 2pm and midnight on each occasion, and no issues or concerns were reported or recorded.

The licensable activities applied for were as follows:

Sale of Alcohol (on the premises)

Monday to Saturday                               9am to 3:30am the following day

Sunday                                                  9am to 2am the following day

Performance of Dance

Monday to Saturday                               9am to 3:30am the following day

Sunday                                                  9am to 2am the following day

Films

Monday to Saturday                               9am to 3:30am the following day

Sunday                                                  9am to 2am the following day

Live Music

Monday to Saturday                               9am to 3:30am the following day

Sunday                                                  9am to 2am the following day

Late Night Refreshment

Monday to Saturday                               11pm to 3:30am the following day

Sunday                                                  11pm to 2am the following day

Plays

Monday to Saturday                               9am to 3:30am the following day

Sunday                                                  9am to 2am the following day

Recorded Music

Monday to Saturday                               9am to 3:30am the following day

Sunday                                                  9am to 2am the following day

During the consultation period, a representation had been received from Kirklees Environmental Health Department, in relation to the following licensing objective not being met if the licence was granted:

• Prevention of Public Nuisance.

The representation highlighted concerns in relation to significant noise from customers using the premises, noise from amplified and non-amplified music and vibrations, which would impact on the four residential flats situated above the premises. The Environmental Health Officer suggested that should the licence be granted, the following recommendations be considered to try and reduce noise nuisance, which included:

• Notices displayed advising customers to enter and leave the premises quietly.
• The use of a sound limiter.
• Noise fromamplified / non-amplified music to be non-audible in the four residential flats.

The applicants advised the Panel that they had consulted with local residents and had not received any objections, or complaints when they operated under Temporary Event Notice’s. A sound test had been carried out which identified no noise leakage from the premises, and that soundlevels met current legislation. The applicants were experienced in the industry; they had other successful establishments and were also knowledgeable in sound proofing.

The applicants advised the Panel that theydid not intend to use the premises as a nightclub during the week but instead as a community space or place to hold events, which would be restricted to 11.30pm. A dispersion policy would be in place to help manage customers leaving the premises and other policies would evolve / be adapted once the premises was open, as required. The intention was to use the sub floor as the nightclub space which could accommodate around 150 people and close the upstairs section (which could hold 200 people) in order to help reduce the noise, but at a cost to the business. Regular noise checks would also be carried out.

Having considered all the information presented both verbally and in writing, the Panel, in reaching its decision, had due regard to the provisions of the Licensing Act 2003, the statutory guidance issued under section 182 of the Act, the Councils Statement of Licensing Policy and the relevant provisions of the Human Rights Act.

RESOLVED –

That the application for the grant of a premises licence in respect of premises known as Level, 47 – 49 Station Road, Batley, WF17 5SU, be granted as applied for.

The reason for the decision was:

·       That granting the licence as applied for, would not be inconsistent with the four licensing objectives.

The Panel acknowledged the concerns raised by Environmental Health in relation to noise nuisanceand advised the applicants that should any noise complaints be raised, it could result in a review of the premises licence.