Agenda and minutes

RESOLVED – That Councillor G Hussain be elected as Chair for the hearing.

1)  To highlight reports or appendices which:

a)  officers have identified as containing exempt information, and where officers consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons outlined in the report.

b)  To consider whether or not to accept the officers recommendation in respect of the above information.

c)  If so, to formally pass the following resolution:-

  RESOLVED – That the press and public be excluded from the meeting during consideration of those parts of the agenda designated as containing exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press and public were present there would be disclosure to them of exempt information

2)  To note that under the Licensing Procedure rules, the press and the public will be excluded from that part of the hearing where Members will deliberate on each application as it is in the public interest to allow the Members to have a full and frank debate on the matter before them.

The Sub-Commmittee was advised that the main report for Agenda Item 6 – Application for the grant of a Sex Establishment Licence for Black Orchid, 25 Crown Street, Assembly Street, Leeds contained an appendix with information which was considered to be exempt/confidential under Access to Procedure Rules 10.4 (1, 2 & 3) and that should this information be discussed, that press and public should be excluded from the hearing during that discussion.

There were no late items; supplementary information was submitted for Agenda Item 6 – Application for the grant of a Sex Establishment Licence for Black Orchid, 25 Crown Street, Assembly Street, Leeds.

To disclose or draw attention to any disclosable pecuniary interests for the purposes of Section 31 of the Localism Act 2011 and paragraphs 13-16 of the Members’ Code of Conduct.

There were no declarations.

To receive and consider the attached report of the Head of Elections, Licensing and Registration regarding an application for the grant of a Sex Establishment Licence for Black Orchid, 25 Crown Street, Assembly Street, Leeds, LS2 7DA.

The report of the Head of Elections, Licensing and Registration presented an application for the grant of a Sex Establishment Licence at Black Orchid, 25 Crown Street, Assembly Street, Leeds, LS2 7DA.

Prior to the hearing, Members of the Licensing Sub-Committee had undertaken a site visit to the premises.

The application from Tokyo Industries Ltd was for a Sex Establishment Licence that covered the first and second floors of the building, which would have direct access from Assembly Street.  The ground floor of the premises would have a different use and its own entrance.  The proposed hours of operation would be 22:00 to 04:00 on Sunday to Thursday and 22:00 to 05:00 Friday and Saturday.

Responsible authorities and Ward Councillors had been notified of the application and public notices of the application had been made in accordance with legislation.  There had been 77 objections to the application along with a petition.  There had not been any objections from West Yorkshire Police.

Phillip Kolvin QC presented the case on behalf of the applicant.  He informed the Sub-Committee that the company was one of the largest operators of late night venues in the north of England and specialised in restoring old buildings for leisure use.  Their most similar operation was inYork where they operated a Sexual Entertainment Venue (SEV) in the heart of the historic area of the City on a first floor location which was also close to residential properties.

Further issues highlighted in support of the application included the following:

·  The applicant had a good track record of  operating a SEV without any issue of crime, disorder or nuisance.

·  The premises were located in an ideal location that fell within the night time economy and would not have an obtrusive ground floor frontage.  The ground floor of the premises would have a day time use, most likely as a restaurant.  The entrance to the SEV would be on Assembly Street and there would only be unobtrusive signage during the hours of opening.  The signage would not display any sexual images or language.

·  The applicant had developed a good relationship with authorities in Leeds through the operation of other venues.  He had initially planned to open a SEV in another venue but following the guidance of West Yorkshire Police and the Licensing Authority had chosen these premises which already benefitted from having a late night licence and fell outside the red zone of the cumulative impact area.

·  Smoking areas would be screened off from the street view and it was felt that any impact on the locality would be negligible, certainly less than that of a nightclub.

·  It was clear that some investment was required in the immediate area.  These proposals would see the restoration and re-use of a vacant building.  The applicant was prepared to invest £1 million and it would provide employment for up to 30 people.  It was ultimately hoped that the area would be reactivated as a small food and drink quarter and there was confidence that  ...  view the full minutes text for item 5.