Agenda and draft minutes

RESOLVED – That Councillor Selby be elcted as Chair for the Hearing.

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)

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, the West Yorkshire Police representative informed the Panel of the likely time needed to present the case.  This would involve the showing of CCTV footage and calling of witnesses.  The Sub-Committee discussed the possible length of the hearing and Councillor G Hyde informed the meeting that he would be unable to remain in attendance throughout the afternoon.  All parties agreed that the Hearing could go ahead with two Members.

To consider the report of the Head of Licensing and Registration on an application for the Review of the Premises Licence held at D’Fusion Leisure Ltd, 26-30 New Briggate, Leeds LS1 6NU. The application has been made by West Yorkshire Police under the provisions of Section 51 of the Licensing Act 2003

(Report attached)

The Sub-Committee considered an application made by West Yorkshire Police, under Section 51 of the Licensing Act 2003 for the Review of a Premises Licence in respect of D’Fusion, 26-30 New Briggate, Leeds.

The following were in attendance:

• Mr J White – John White Licensed Trade Consultants
• Mr C Cheung – Licence Holder, D’Fusion
• Mr K L Cheung – D’Fusion
• Mr K Y Cheung – D’Fusion
• Mr D Fullerton – Professional Security
• Mr P Brampton – Professional Security
• Sgt R Fullilove – West Yorkshire Police
• Insp R Clarke – West Yorkshire Police
• PC C Arkle – West Yorkshire Police
• Mr J Grinion – Pro Tech Security
• Mr R Dyson – Pro Tech Security
• Ms C Sanderson – Observing
• Ms C Brennand – Observing

The Legal Adviser informed the Hearing of the procedures to be followed and the Licensing Officer presented the report.

West Yorkshire Police were invited to present their case.

Sergeant Fullilove presented the case and the following issues were highlighted:

• Concerns regarding the fact that the venue operated over three floors and concern regarding the staffing in relation to quantity, quality and disposition of door staff.
• Concerns regarding the use of drugs at the venue, in particular relating to ‘Obsession’ evenings.
• Other events at the venue considered to be risky and that attracted criminal fraternities.
• Events held at the venue without details being submitted to West Yorkshire Police beforehand and therefore being unable to check security arrangements.
• Issues relating to under aged drinkers in the venue.  Five under eighteen year olds were found to be on the premises during the Police raid on 3 March 2012.
• Concern regarding the relationship between West Yorkshire Police and the Operator.  It was felt that full co-operation had not been given by the operator leading to a lack of trust and it was felt that this could put public safety at risk.  There had been several incidences of Police advice not being followed.
• The use of non SIA registered door staff and spurious door staff.  Other members of staff were dressed similar and acting in the role of door staff.
• Bookings at the venue on the same evening from separate groups that are likely to lead to conflict.
• West Yorkshire Police had engaged with the operator in an attempt to control risk but had rarely received risk assessments prior to events.  Information on events had previously become known to the Police via social networking websites.
• Reference was made to fights that had occurred in and around the premises.
• Reference was made to events that had been arranged and subsequently cancelled on Police advice.
• Concern regarding the suitability of an Events Promoter who used the venue.  The concerned person was highlighted on DVD footage involved in a fight that took place over the road from the venue.
• Following the Police raid on 3 March 2012 a significant amount of controlled substances were found on the premises on the first floor during an ‘Obsession’ event.
• Repeated advice and warnings to the operator  ...  view the full minutes text for item 292.