Agenda and minutes

RESOLVED – Councillor Gettings was elected Chair for the duration of this meeting.

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 press and public be excluded from the meeting during consideration of the following parts of the agenda designated exempt as follows:

Appendix D referred to in Minute No. 22 under the provisions of Paragraph 14 of the Licensing Act 2003 (Hearings Regulations 2005) and under the provisions of Access to Information Procedure Rule 10.4(2).

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 additional information had been submitted on behalf of the Premises Licence Holder in relation to agenda item 6 (Minute No. 22 refers).

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 Head of Licensing and Registration on an application made under Section 51 of the Licensing Act 2003 for the Review of a Premises Licence currently held by premises at 1063 York Road, Leeds LS14 6JB. The application has been made by West Yorkshire Police

(Report attached)

PLEASE NOTE: Appendix D of the report is exempt under the provisions of Paragraph 14 of the Licensing Act 2003 (Hearings Regulations 2005) and under the provisions of Access to information Procedure Rule 10.4(2)

The Sub-Committee considered an application for the review of a Premises Licence under Section 51 of the Licensing Act 2003, submitted by West Yorkshire Police in respect of BestOne/Seacroft Village Green, 1063 York Road, Leeds, LS14 6JB.

Appendix D to the report was designated exempt under the provisions of Paragraph 14 of the Licensing Act 2003 (Hearings Regulations 2005) and under the provisions of Access to Information Procedure Rule 10.4(2).

The hearing was attended by the following:

• Inspector Emmett, West Yorkshire Police
• PC Dobson, West Yorkshire Police
• Mr Patterson, West Yorkshire Police

• Mr and Mrs Sandhu, Premises Licence Holder / Store Manager
• Mr Coen, Premises Licence Holder representative
• Mr Cox, Local resident in support of the Premises Licence Holder
• Mr Mitchell, Local resident in support of the Premises Licence Holder
• Mr Parker, Local resident in support of the Premises Licence Holder.

PC Dobson addressed the Sub-Committee and made the following points:

• There had been three failed test purchases at the premises and a review had been brought in part for that reason and in part for the impact that the shop had on the local area. There were failed test purchases in February and July 2011 and throughout the summer of 2011 there had been a problem solving initiative in the area which had produced information that the premises were impacting adversely upon local residents. 
• There was alcohol fuelled anti-social behaviour including that caused by street drinkers with convictions.  These were young and older people well known in the area.  After the second failed test purchase, PC Dobson visited the premises but felt that the response had been disinterested and negative.  The premises had not taken matters sufficiently seriously. 
• The problem solving initiative had ended in autumn of 2011 but some residents were still unhappy with problems in the area though they would not give statements to the Police.  On 17 March 2012 there had been a further test purchase at the shop where alcohol had been sold to a 14 year old girl. 

Inspector Emmett addressed the Sub-Committee and made the following points:

• The main reason for the Review was the protection of children.  Other premises had failed test purchases but had put matters right.  No other premises in the area had failed more than once. These were the only premises in the area with a failed test purchase that had not had an Action Planning Meeting and did not want to meet or engage with the Police.

In summary, PC Dobson made the following points:

• PC Dobson took the Licensing Sub-Committee through the Refusals Register and Training Records for the premises and highlighted perceived inadequacies.
• The Police view was that revocation was required.  Although the Committee could remove the DPS, he would still be the Premises Licence Holder and could not be removed from that post.  The Police were not asking for the premises to be shut per se but simply for the licence for alcohol sales to be revoked as they did not believe  ...  view the full minutes text for item 22.