Agenda and minutes

  Councillor Selby was elected Chair of the 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 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 and the supplementary information submitted by West Yorkshire Police (minute 26 refers) 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 documents as they pertain to an individual and that person would reasonably not expect their personal information or discussions to be in the public domain and there is reference to action taken or to be taken in connection with the prevention, investigation or prosecution of crime

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 all 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)

  Although there were no formal late items, the Sub-Committee was in receipt of the following information which had been circulated to all parties in advance of the meeting :

  A further written submission by PC Dobson of West Yorkshire Police (minute 26 refers)

  The Sub-Committee noted that in response to this submission, the applicant had sought to provide additional information to Officers and the Police, electronically, however this information could not be accessed by any of the recipients

To disclose or draw attention to any disclosable pecuniary interests for the purposes of Section 31 of the Localism Act 2011 and paragraphs 13 -18 of the Members’ Code of Conduct.  Also to declare any other significant interests which the Member wishes to declare in the public interest, in accordance with paragraphs 19 -20 of the Members’ Code of Conduct.

  No interests were declared

To consider the report of the Head of Licensing and Registration on an application for the grant of a premises licence in respect of AGA Shop, 29A Harehills Road, Harehills, LS8

(Report attached)

PLEASE NOTE : Appendix D of the report is regarded as containing exempt information under the provisions of Paragraph 14 of the Licensing Act 2003 (Hearings Regulations 2005)

The Sub-Committee, having regard to the Licensing Act 2003, the Section 182 Guidance the Authority’s own Statement of Licensing Policy considered an application for the grant of a Premises Licence in respect of Aga Shop – 29A Harehills Road, Harehills LS8

  Representations had been received from West Yorkshire Police, LCC Environmental Protection Team, two local residents and from a Ward Member supporting the representations made by his constituents

Present at the hearing were:

  Ms Agnieszka Nowak – the applicant

  Mr Gilbert Jardin – supporting the applicant

  Sergeant R Fulilove – West Yorkshire Police

  PC L Dobson – West Yorkshire Police

  Mr B Kenny – LCC Environment Protection Team (EPT)

  A preliminary item was raised with the Sub-Committee in view of the applicant’s recent request to amend the hours being sought for the sale of alcohol, from 24 hours per day to 10.00 – 23.00 each day.  The Sub-Committee agreed to accept the amendment and proceeded to consider the application with the amended timings for the sale of alcohol

  The Sub-Committee heard from Mr Jardin at Ms Nowak’s request, who stated that the premises had operated as a food store but that increasingly customers had requested the availability of alcohol for sale and as the business was being run to provide a living for the applicant, Mr Jardin and their family, a decision had been made to change the nature of the business and sell alcohol, subject to obtaining a Premises Licence.  Details of the security measures in place were provided, with Mr Jardin stating that no complaints had been received from neighbours to the previous operation of the premises

  The Sub-Committee heard from Mr Kenny of LCC EPT who stated that whilst the application for a 24 hour Licence had attracted a full objection on the basis of potential noise nuisance and disturbance, there was less concern in relation to the hours now being sought

  Members then heard from PC Lynn Dobson of West Yorkshire Police who whilst acknowledging the slight dilution of the police’s objections in view of the amended hours, remained of the view that the application should be refused

  PC Dobson referred to the location of the premises which were situated in an area covered by a Designated Public Places Order which came into force on 3^rd August and stated that the area was challenging and experienced high figures in respect of crime and anti-social behaviour; expressed concern about the applicant’s ability to uphold the licensing objectives in view of this and stated that the cumulative impact of a further licensed premises in this area would be considerable

  PC Dobson also made reference to information on the police database which suggested there was some uncertainty about the applicant’s identity and her links with Mr Jardin which had led PC Dobson to consider Mr Jardin’s role in the business, despite Ms Nowak being the applicant

  In response to questions from the Panel, PC Dobson provided further details which had led her to form this view  ...  view the full minutes text for item 63.