Agenda and minutes

RESOLVED – Councillor G Wilkinson was elected Chair for the duration of the meeting

RESOLVED – That the public be excluded from the meeting during consideration of that part of the agenda designated as 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 public were present there would be disclosure to them of exempt information so designated as follows:-

(a)  Supplementary documents referred to in minute 9 both in terms of Regulation 14 of the Licensing Act 2003 (Hearing Regulations 2005) and the Licensing Procedure Rules, and on the grounds that it is not in the public interest to disclose the documents as they pertain to an individual and that person would not reasonably expect their personal information or discussions thereon to be in the public domain.

(b)  To note that the press and public will also be excluded from that part of the hearing where Members deliberate the application as it is in the public interest to allow the Members to have full and frank debate on the matter , as allowed under the provisions of the Licensing Procedure Rules

To identify any applications as late items of business which have been admitted to the agenda for consideration

 (the special circumstances shall be identified in the minutes)

No formal late items of business were added to the agenda however supplementary documents had been received and despatched to relevant parties after the despatch of the agenda for the meeting as follows:

• Minute 6 Seacroft Green – letters and petition of support supplied by the applicant
• Minute 9 DPS application – evidence submitted by West Yorkshire Police

Members are reminded to declare any interests at the start of the hearing on each application for the purpose of Section 81 (3) of the Local Government Act 2000 and paragraphs 8 to 12 of the Members Code of conduct

  There were no declarations of interest

To consider the report of the Assistant Chief Executive (Corporate Governance) on an application to vary an existing Premises Licence held at the premises known as “Barnbow”, Austhorpe Road, Crossgates.

(Report attached)

The Sub-Committee, having regard to the Licensing Act 2003, the Statement of Licensing Policy and the Statutory Guidance, considered the application and the written submissions before them relating to an application for a new Premises Licence for the premises currently trading as the “Barnbow”, Austhorpe Road, Crossgates. It was noted the premises currently benefited from an existing Premises Licence.

Representations had been submitted by LCC Environmental Protection team (LCC EPT) and LCC Health & Safety Team (LCC H&S) containing measures they proposed in order to address the relevant licensing objectives. The suggested measures had been agreed by the applicant and the representations subsequently withdrawn.

A number of local residents had also submitted letters of representation. Local ward Councillor S Armitage had submitted a representation on behalf of Crossgates Neighbourhood Watch and attended the hearing accompanied by Councillor P Grahame. Comments regarding some residents’ submissions which did not feature in the report were noted and the Sub Committee agreed that Councillor Grahame would make representations on their behalf. Not all of the local residents attended and the Sub Committee resolved to take their written representations in to account and proceed in their absence.

The Sub Committee also varied normal procedure to allow more time for the verbal submissions of the residents who were in attendance, with the same amount of time then offered to the applicant. The following parties attended the hearing:

The Sub Committee heard first from Mr P Macklam who described the proximity of the Barnbow to local residents’ properties and expressed concern that patrons of other local premises would attend the Barnbow if later hours were granted. He described problems the neighbourhood had encountered when the Barnbow had operated as “The Manston”. Mr Macklam confirmed the Barnbow had recently operated a Temporary Event Notice, without attracting complaints from residents however he reiterated his concern that the requested later hours would apply to both the Function Room and the bar.

Mrs A Beckett then addressed the meeting who stated she lived close to the premises and was also a customer. She regarded this application as a major change to the operation of the premises and she was not convinced the Company could successfully manage the later hours. Mrs Beckett stated she had attended a public meeting where the Company had explained its operating strategy for the premises but she maintained concerns over the number of functions and the implementation of later hours.

The Sub Committee then heard from Councillor P Grahame who explained she represented the views of Mr & Mrs Sutcliffe who lived close to the premises. Councillor Grahame stated that although the Barnbow advertised as a restaurant it also operated as a public house  ...  view the full minutes text for item 54.

To consider the report of the Assistant Chief Executive (Corporate Governance) on an application for the variation of an existing Premises Licence held at the premises known as Seacroft Green Social Club, Brooklands Avenue, Seacroft.

(Report attached)

The Sub-Committee, having regard to the Licensing Act 2003, the Statement of Licensing Policy and the Statutory Guidance, considered the application and the written submissions before them relating to an application to vary an existing Premises Licence currently in place the Seacroft Green Social Club, 242 Brooklands Avenue, Leeds LS14. It was noted the premises currently benefited from a Club Premise Certificate.

Representations had been submitted by West Yorkshire Police (WYP) and a number of local residents. Local ward Councillor G Hyde had also submitted a letter of representation and attended the hearing accompanied by Councillor V Morgan on behalf of local residents. None of the local residents attended the hearing and the Sub Committee resolved to consider their written submissions and proceed in their absence.

The Sub Committee heard first from Mr B Patterson and Inspector E Chesters on behalf of WYP who described the style of the operation of the premises, problems associated with the premises in the recent past; the nature of the local area and likely impact later hours would have on the locality. WYP stated the application did not contain sufficient detail on how the management would address the licensing objectives, particularly crime and disorder, prevention of public nuisance and protection of children from harm. Furthermore this premise lay within an area which consistently featured in WYP statistics for incidents of anti social behaviour and crime and disorder. WYP also stated the premises management had not adhered to the conditions attached to the current Club Premise Certificate, in terms of failure to supply a copy of the Club Rules; non members being able to enter the premises unchecked and operating past permitted hours.

The Sub Committee then heard from local ward Councillor G Hyde who described the proximity of residents he represented to the premises. He stated their main concerns as being the later hours requested and the impact of noise and disturbance from patrons leaving the premises at later hours would have on local residents. Councillor Hyde stated residents complained about noise emanating from the premises whilst the current hours were in operation. Incidents of anti social behaviour and littering were attributed to the premises by residents.

Councillor Hyde stated the premises did not operate as a Club currently and expressed his belief that if later hours were granted, this premises would become a magnet for patrons from other venues in the locality. In conclusion, Councillor Hyde expressed residents’ belief that “night club hours” were not appropriate in this residential location.

The Sub Committee then heard from Mr R Houghton, the applicant, who was accompanied by Ms B Fowler for LH Taverns and Ms M Gregory the Designated Premises Supervisor. Mr Houghton began by explaining the late production of the Club Rules and confirming the request for Late Night Refreshment should be deleted from the application as this had been included in error.

Mr Houghton stated the Club had not previously received any evidence of residents concerns and added that many local residents  ...  view the full minutes text for item 55.

To consider the report of the Assistant Chief Executive (Corporate Governance) on an application for the grant of a Premises Licence in respect of premises situated at Vinery Avenue, Leeds LS9 and trading as East End Park WMC

(Report attached)

The Sub-Committee, having regard to the Licensing Act 2003, the Statement of Licensing Policy and the Statutory Guidance, considered the application and the written submissions before them relating to an application for the grant of a new Premises Licence in respect of premises trading as “East End Park Working Men’s Club”, Vinery Avenue LS9.

Representations had been submitted by West Yorkshire Police (WYP) and by LCC Environmental Protection Team (LCC EPT). The applicant had agreed to the measures proposed by the responsible authorities prior to the hearing and those representations had subsequently been withdrawn.

A number of local residents had also submitted representations and signed and submitted a petition objecting to the application. Of those, only Mr J Greer attended the hearing. The Sub Committee resolved to consider the written submissions of the other residents and proceed in their absence.

The Sub Committee heard first from Mr J Greer who outlined the proximity of residents to the premises and described the recent history of anti social behaviour and drunkenness in the area which he attributed to the Club. Mr Greer also stated that residents had tried to raise their concerns with the management of the Club but no action had been taken.  He highlighted his concern that additional functions at the Club would lead to an increase in anti social behaviour and disturbance to local residents.

The Sub Committee then heard from Mr A Nixon, solicitor on behalf of the applicant who was accompanied by Mr J Murtagh the Designated Premises Supervisor. Mr M Bradley and Mr R Black, solicitors, were also in attendance.

Mr Nixon addressed the comments made by the objectors and referred to the hours and activities currently afforded to the Club through the existing Club Premises Certificate. It was noted that the new Premises Licence, if granted, would reduce the hours of operation. Mr Nixon outlined the measures agreed with LCC EPT and WYP which he believed, with the reduction of hours and new management team, were appropriate steps to address the licensing objectives.

The Sub Committee during their deliberations required clarification regarding the opening hours from the applicant. Mr Murtagh stated that no alcohol sales would be made after 23:00 hours and it was his intention to close the premises at 23:30 hours. The parties were advised this altered the application however the applicant confirmed this was his intention.

The Sub Committee noted the written representations and carefully considered the submissions made at the hearing including clarification of the opening hours.

Members, having regard to the agreements reached and the hours as amended at the hearing, were satisfied that the grant of the application would not undermine the licensing objectives and

RESOLVED – To grant the application as applied for, with the exception of the sale of alcohol which will cease at 23:00 hours.

·  The seasonal variations requested for the sale of alcohol are also granted

·  The measures suggested by WYP and LCC EPT and agreed by the applicant are imposed as conditions on the  ...  view the full minutes text for item 56.

  RESOLVED – To hold the remainder of the meeting in closed session

To consider the report of the Assistant Chief Executive (Corporate Governance) on an application received to vary a Premises Licence to specify a Designated Premises Supervisor under the Licensing Act 2003 in respect of Mr Keith Smith

(Report attached)

The Sub-Committee, having regard to the Licensing Act 2003, the Statement of Licensing Policy and the Statutory Guidance, considered the application and the written submissions before them relating to an application to vary the current Premise Licence in place at the Windmill Club, Leeds LS14 in order to specify Mr K Smith as the Designated Premises Supervisor.

West Yorkshire Police had submitted representations which necessitated a hearing. All of the hearing was conducted in private due to the nature of business to be discussed and the evidence before the Sub Committee. All parties were in receipt of additional information submitted by WYP after the despatch of the agenda which included a schedule of intelligence related to the application and was regarded as exempt from publication.

Mr B Patterson attended the hearing on behalf of WYP and provided an overview of the licensed history of the Club and previous problems associated with it and details of the concerns held by WYP regarding the proposed DPS.

Miss Hickson, the Premise Licence Holder and Mr Smith attended the hearing and addressed the matters raised by WYP and answered queries from the Sub Committee.

The Sub Committee carefully considered the documents before them and the verbal submissions made at the hearing. Members took into account the Caution issued to Mr Smith and his failure to notify Wakefield MDC of his relevant convictions. Members also noted the nature of the Windmill Club and its’ previous history. The Sub Committee had some regard to the police evidence but did not give great weight to the seven pieces of recent intelligence.

The Sub Committee were of the opinion that granting the application would undermine the crime and disorder licensing objective and it was therefore necessary to reject the application.

RESOLVED – To refuse the application.

·  All parties were advised this decision took immediate effect