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Agenda and minutes

Agenda and minutes

Licensing Sub-Committee
Monday, 11th April, 2011 10.00 am

Venue: Civic Hall, Leeds

Contact: Helen Gray  Copies of the full report with appendices are available on request from the clerk. For details of the new premises licence please contact Entertainment Licensing on 0113 2474095 after the hearing.

Items
No. Item

235.

Election of the Chair

Minutes:

Councillor Hanley was elected Chair for the meeting

 

236.

Late Items

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)

 

Minutes:

No formal late items of business were added to the agenda however additional paperwork relating to “Arches” was submitted by West Yorkshire Police on the day of the hearing which had been omitted from the original paperwork in error (minute 239 refers).

 

237.

Declarations of Interest

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

 

Minutes:

  There were no declarations of interest

 

238.

"The Agora Restaurant" - Application for the Grant of a Premises Licence for The Agora Restaurant, 55a Otley Road, Headingley, Leeds LS6 3AB pdf icon PDF 45 MB

To consider the report of the Head of Licensing and Registration on an application for the grant of a Premises Licence in respect of premises at 55a Otley Road, Headingley and trading as The Agora Restaurant. The premises lie within an area covered by the Cumulative Impact Policy

 

(Report attached)

Minutes:

The Sub-Committee, having regard to the Licensing Act 2003, the Section 182 Guidance and the Authority’s own Statement of Licensing Policy considered an application for the grant of a new Premises Licence in respect of the Agora Restaurant at 55a Otley Road, Headingley. Members noted the premises lay within Area 2 of the Cumulative Impact Policy.

 

Representations containing measures proposed to address the relevant licensing objectives had been received from LCC Environmental Protection Team (LCC EPT); LCC Health and Safety Team (LCC H&S) and West Yorkshire Police (WYP). The applicant had agreed to the proposed measures prior to the hearing and the representations had been withdrawn on the understanding that the measures would be included as conditions on the new Premises Licence, should the application be granted. Representations had also been received from local ward Councillor J Monaghan and Dr S E Griffiths on behalf of Wood Lane Neighbourhood Association who did not attend the hearing. The Sub Committee resolved to take their written representations into account and proceed in their absence

 

The Sub Committee heard from Mr I Eryatmaz and Mrs N Kaplan who described their proposals for a 26 seat family run restaurant which would serve Greek and Turkish food. They anticipated the restaurant would not attract younger drinkers, rather an older clientele who would not cause disruption to the locality. CCTV would be installed at the premises. Mr Eryatmaz explained their experience within the licensed and restaurant trade and his personal experience within the door security trade. He confirmed the restaurant would not operate as a take-away and anticipated last orders for food would be around 22:00 hours, with last orders for alcohol at 23:00 hours.

 

The Sub Committee carefully considered all the written and verbal submissions before them. The Sub Committee was satisfied, given the experience of the applicants in the relevant trades, the installation of CCTV at the premises and the small, family run nature of the premises along with all the measures already agreed, that this applicant had demonstrated that this premises would not add to the cumulative impact of such premises within CIP Area 2.

RESOLVED – To grant the application as requested

Sale of alcohol

Monday to Sunday  11:30 until 23:00 hours

Performance of Recorded Music and Hours the premises are open

Monday to Sunday  11:30 until 23:30 hours

 

Conditions

The Sub Committee imposed the measures previously agreed between the applicant and WYP, LCC H&S and LCC EPT as conditions on the licence as they felt these were appropriate to this premises in this location

  • Members reiterated that no food could be served past 23:00 hours under the terms of this Premises Licence.

 

239.

"Arches" - Application for the Grant of a Premises Licence for Arches, 28 - 34 Assembly Street, Leeds LS2 7DE pdf icon PDF 3 MB

To consider the report of the Head of Licensing and Registration on an application for the grant of a Premises Licence for the premises situated at 28-34 Assembly Street, Leeds LS2. This premise lies within a Cumulative Impact Policy Area and was previously adjourned from a hearing on 21st March 2011

 

(Report attached)

 

Additional documents:

Minutes:

The Sub-Committee, having regard to the Licensing Act 2003, the Section 182 Guidance and the Authority’s own Statement of Licensing Policy considered an application for the grant of a Premises Licence in respect “Arches”, 28 – 34 Assembly Street, Leeds LS2. Members noted that the premises lay within Area 1 (city centre) of the Cumulative Impact Policy (CIP) and that this matter had previously been adjourned from a hearing on 21 March 2011.

 

Representations had been received from LCC Environmental Protection Team (LCC EPT) and LCC Health & Safety Team (LCC H&S) however as the applicant had agreed to the measures proposed to address the relevant licensing objectives, those representations had been withdrawn. A representation had been submitted by West Yorkshire Police (WYP). Prior to the hearing, WYP notified all parties that some pages had been omitted in error from the schedule of incidents associated with another premise managed by the proposed DPS. The Sub Committee agreed to delay the start of the hearing to allow the solicitor for the applicant time to prepare a response to the documentation.

Present at the hearing were:

Mr C Connor - solicitor for the Designated Premises Supervisor

Mr K Magambo – proposed DPS

Mrs R Magambo

Mr G Mackay –representative of Network Rail the owner of the building

PC C Arkle - WYP

 

The Sub Committee first dealt with an issue relating to the timings requested as the applicant requested the same terminal hour for all proposed licensable activities as the premises closing time. After some discussion, the applicant agreed to reduce the hours requested by 30 minutes but to retain the proposed hours of opening, thus ensuring a “cooling down period/drinking up time”.

 

The Sub Committee then heard from PC C Arkle who emphasised the size of the proposed premises and its location within Area 1 of the Cumulative Impact Policy and one of the three “hotspots” for crime and disorder in the city centre. PC Arkle stated that WYP liaised closely with licensed premises in this locality and some premises funded additional doorstaff.

 

PC Arkle referred to the measures proposed to address the relevant licensing objective should the Sub Committee grant the application. She stated the applicant had verbally agreed to the majority of the measures, except that requiring 2 doorstaff to be on duty whilst the premises were open. She noted this was due to their intention to operate units 28-30 as a restaurant during the day when it may not be necessary to employ doorstaff. However PC Arkle reiterated that it would be impossible for a nightclub/restaurant operating at night in this locality not to have an impact on the CIP.

 

PC Arkle referred to the adjournment of the hearing on 21 March 2011 and the additional documents which she reported had been submitted in response to a direct request for information on the experience of the applicant. The schedule outlined reported incidents at another premises managed by the applicant over 13 months. The applicant had experienced some problems  ...  view the full minutes text for item 239.