Agenda and draft minutes

  Councillor Armitage was elected Chair of the meeting

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)

  Although there were no formal late items, the Sub-Committee was in receipt of the following additional information to be considered at the meeting, copies of which had been circulated before the day of the meeting:

• supplementary documentation submitted by the applicant
• supplementary documentation submitted by the Premises Licence Holder
• an e-mail from Councillor Coulson – Ward Member for Pudsey Ward

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

  Prior to the commencement of the Review Hearing, Mr Whur raised a preliminary issue regarding the CCTV footage which Mr Sutherland had provided to be considered by Members and referred to a letter he had sent to the Licensing Section on this matter, particularly on how the images had been captured; that notices to indicate that CCTV recorded images were being made had not been put up and that the images could contravene guidelines under the Data Protection Act

  Mr Sutherland stated he believed that recording images from a private dwelling was acceptable and had consulted West Yorkshire Police in 2011 about this

  To assist the hearing, the Legal Adviser suggested that when the CCTV footage was viewed, the public be excluded, with no objections being raised from the public who were in attendance

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 of 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)  CCTV footage captured by Mr Sutherland with concerns that showing this in the public domain could be in contravention of the Data Protection Act

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 consider the report of the Head of Licensing and Registration on an application for a Review of the premises licence held by Bojangles, 28-30 Lowtown Pudsey. The application has been made by a local resident and interested party under Section 51 of the Licensing Act 2003

(Report attached)

  The Sub-Committee considered an application made by local resident, Mr Keith Sutherland, under Section 51 of the Licensing Act 2003 for the Review of a Premises Licence in respect of Bojangles

  The following were present at the hearing:

  Mr Sutherland – applicant

  Mr Moore – Premises Licence Holder

  Mrs Moore – Business Partner in Bojangles

  Mr Whur – Licence Holders Agent

  Mr Grinion – Provider of security at the premises

  Mr Brown – Provider of security at the premises

  Sgt Fulillove – West Yorkshire Police

  Ms Sanderson – West Yorkshire Police

  Ms Longfellow – Licensing Officer

  Mr Rix – Licensing Officer

  The Licensing Officer presented the report and tabled some larger scale maps of the premises and surrounding area, for the benefit of the Licensing Sub-Committee

  Mr Sutherland presented his case and indicated he wished Members to view some of the CCTV footage at which point the members of the public who were present at the hearing left the room

  The Sub-Committee viewed a series of images showing people urinating in the street; congregating outside the premises; an incident of alleged drug-taking and a member of the public gesticulating to a passer by, who was the applicant’s wife, with Mr Sutherland stating that a racist comment had been made to Mrs Sutherland by the person shown on the footage

  Following Members’ viewing of these images, the public were allowed back into the meeting

  Mr Sutherland continued to present his case stating that although he owned 26 Lowtown, he had only recently begun to reside in that property and that he owned 2 of the three properties in Studley Terrace which were served by an access where several of the incidents shown on the CCTV footage had occurred

  Whilst originally a request for longer opening hours had been refused by Planning Services, with this also being refused on appeal, a temporary permission for longer opening hours had been granted with a permanent planning permission for longer opening hours having been recently granted despite the approval notice acknowledging the problems Mr Sutherland had reported as part of his objection to the extended hours

  A sound attenuation report had been obtained by the Premises Licence Holder where the need for bar management procedures to prevent loitering after closing had been identified

  Reference was made to a representation made by Mrs Howe who ran The Ironing Room located at 25 Lowtown Pudsey, with concerns that she was having to clean the area outside her premises following patrons at Bojangles which was adjacent to her shop using this area inappropriately

  Reference was made to the photographs submitted by Mr Sutherland, with larger copies and the original images being shown to the Sub-Committee.  These images showed the location of the Premises Licence Holder’s CCTV equipment to demonstrate that the images captured by Mr Sutherland would also have been captured by the cameras attached to the premises, together with a group of people with horses who had purchased refreshment from Bojangles but had consumed this on  ...  view the full minutes text for item 282.