Agenda and minutes

RESOLVED – Councillor Dunn was elected Chair for the meeting.

To consider any appeals in accordance with Procedure Rule 25 of the Access to Information Procedure Rules (in the event of an Appeal the press and public will be excluded)

(*In accordance with Procedure Rule 25, written notice of an appeal must be received by the Head of Governance Services at least 24 hours before the meeting)

There were no appeals against the refusal of inspection of documents.

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.

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)  Appendix D of the report referred to in minute 148 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 contents as the information therein pertains to an individual and that person would not reasonably expect their personal information or discussions thereon to be in the public domain. Additionally the information relates to ongoing police investigations which could be jeopardised if discussions were held in public; and

(b)  The Sub Committee also noted that the press and public would 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 for the meeting, however in respect of agenda item 6 (minute no 148 refers), the Sub Committee received the following:

• supplementary information  from the Environmental Protection Team entitled ‘Review of the Premises Licence, The Fellmonger’;
• a copy of the Premise Licence;
• a Statement of Lee William Wilson;
• a Statement of Guy Thomas Lissimore;
• a Statement of Martin Richard Hall;
• a Statement of Marc Ronald Burnham– Thomas; and
• a chronology prepared by the Licence Holder entitled – ‘History of Ownership and DPS Appointments with Events.

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 by the Head of Licensing and Registration setting out details of an application for the Review of the Premises Licence held at the Fellmonger public house, North Parkway, Seacroft. The application is made by West Yorkshire Police following the issuing of a Section 161 Closure Notice.

(Please note: Appendix D of the report is regarded as confidential under the provisions of Paragraph 14 of the Licensing Act 2003 (Hearings Regulations 2005)

(Report attached)

The Sub-Committee considered a Review of a Premises Licence held at the premises known as “The Fellmonger” North Parkway, Seacroft Leeds LS14. The Review was considered under the provisions of Section 167 of the Licensing Act 2003 following the issuing of a Section 161 Closure Notice by West Yorkshire Police at the premises on 17 November 2011. The Licensing Authority was therefore required to review the Premises Licence under the provisions of Section 167 of the Act.

Present at the hearing:

·  West Yorkshire Police – the applicant, represented by Mr Patterson, PC Dobson, Inspector Emmett. (WYP);

·  Sergeant Rob Fulliove, Inspector King and PC Shelton (observers)

·  Councillor Vonnie Morgan (witness for WYP);

·  Leeds City Council (Environmental Protection Service), represented by Gurdip Mudhar; and

·  CAL Management Ltd – Premise Licence Holder (PLH), represented by Nadeem Bashir (Counsel);

·  Lee Wilson, Duty Manager at “The Felmonger”;

·  Martin Hall of Zolfo Cooper (the administrator); and

·  Guy Lissimore Director of Asset Manager Solutions and Marc Burnham – Thomas, Area Manager of Asset Manager Solutions (appointed by the administrator to run the pub).

The Sub-Committee first considered representations from WYP who provided the background of events leading up to the Section 161 Closure Notice being issued and also the previous history of the premises highlighting the following:

·  the number of serious incidents that have occurred at the ‘’The Fellmonger’’;

·  the measures previously put in place to reduce the number of incidents occurring;

·  the effect of the disturbances at  ‘’The Fellmonger’’ on the residents surrounding the pub;

·  the family connections and repeated involvement of the same individuals in the incidents irrespective of management structure;

·  the lack of appetite from the present owners of ‘’The Fellmonger’’ to re-brand the pub due to financial constraints imposed by the administrator in control of the pub; and

·  that the premises had not engaged with pubwatch.

WYP also called the local ward Councillor, Vonnie Morgan, as a witness who informed the Committee of the complaints she had received which, were increasing. Cllr Morgan also informed the Committee that she has received no complaints from other premises in the ward.

Further to this, the Leeds City Council (Environmental Protection Service) representative provided details of complaints received between 2007 and 2010, it was highlighted that no complaints had been received in 2011.

The Sub Committee then heard from the PLH who responded to the submissions of WYP in detail. Evidence was called from Guy Lissimore, Director of the PLH, Mark Burnham – Thomas, Area Manager on behalf of the PLH, Martin Hall on behalf of the Court appointed administrators and Lee Wilson the current manager of the premises. Nadeem Bashir, counsel for the PLH, highlighted the following points which the sub committee gave careful consideration to:

·  W Licensing Ltd were the new PLH and that they should not be held responsible for previous failures;

·  the experience of the management company in managing many venues successfully;

·  only the one incident, that had led  ...  view the full minutes text for item 148.