Agenda and minutes

RESOLVED – Councillor G Hyde 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)

No formal late items of business were added to the agenda for the meeting. The Sub Committee were in receipt of the following additional documents which had been received after the despatch of the agenda:

Leeds International Film Festival – schedule containing a more detailed synopsis of the content of each film (minute 65 refers)

Melbourne Street Community Studio - Letter dated 18 August 2012 confirming the agreement reached between WYP and the applicant, e-mail dated 24 September 2012 confirming the agreement reached between LCC EPT and the applicant and e-mails dated 28 September 2012 from two local residents in response to a letter sent to them by the applicant (minute 66 refers)

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 declarations were made.

To consider the report of the Head of Licensing and Registration on an application for the certification of films proposed to be shown during the Leeds International Film Festival between 1^st and 18^th November 2012

(Report attached)

The Sub Committee considered the report of the Head of Licensing and Registration setting out an application received for the certification of films proposed to be shown during the Leeds International Film Festival 2012. The report included the British Board of Film Classification categories for reference and a schedule of the films requiring certification including a brief synopsis of the content of each film and a proposed classification. Mr C Fell, Festival Director was accompanied by Mr A King and Mr M Grund to respond to Members queries.

Members considered the summary of each film and determined that they did not need to view any of the films as they felt able to make a judgment based upon the synopsis. The Sub Committee considered the proposed classifications for the films listed to be appropriate and that it was necessary for the protection of children to apply these recommendations.

RESOLVED – That the films outlined in the schedule attached to the report and proposed to be shown at the Leeds International Film Festival 2012 be classified in accordance with the suggested classifications.

To consider the report of the Head of Licensing and Registration on an application for the grant of a premises licence in respect of the Melbourne Street Community Studio, Leeds LS2

(Report attached)

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 Melbourne Street Community Studio, Leeds LS2.

Representations had been received from West Yorkshire Police and LCC Environmental Protection Team, however the measures suggested by them to address the licensing objectives had been agreed by the applicant and the representations had been withdrawn on the understanding that the measures would be included on the premises licence, should it be granted. Thirteen local residents had also submitted representations to the application.

Mr P N Geary (for the applicant) and Dr H Jones and Dr A Whiteley (local residents) attended the hearing. The Sub Committee resolved to consider the written representations of those residents not present at the hearing in their absence.

It was noted that the agreements reached over measures to address the prevention of public nuisance licensing objective had in effect amended the application by reducing the opening hours (now 08:00 until 02:30) and the hours for provision of live and recorded music (now 08:00 until 00:00 midnight). Members noted the contents of correspondence in relation to the agreements between the parties.

Mr Geary outlined the application on behalf of Ravenpine Ltd – the applicant – and the history of events held at the venue under the provisions of Temporary Event Notices. He described the proposed management style of the venue as being similar to a village hall, the intention being that the creative arts users of the units within the building would make use of this unit at 18-20 as required as a showcase for their products. There was no intention to trade 7 days a week and events would pre-booked or ticketed and not open to the general public. The applicant had decided that any events requiring live music past midnight would be held in another of the applicants venues elsewhere in the city as such events had caused some issues under TENS. A mechanism had also now been established to communicate with the residents of the Merchants House in the future.

Dr H Jones and Dr A Whiteley then addressed the meeting highlighting their concern that the proximity of the venue to residents was not conducive to the proposed operation of the premises and outlining their experiences of the events previously held at the premises and the problems of noise breakout, on street drinking and anti social behaviour attributable to those events. Dr Jones stated that the residents had contacted the police when a street party had been hosted by the applicant at this venue due to the unacceptable level of noise, she added that this had been a day time event and therefore the reduction in hours later into the night would not resolve her noise concerns. The Sub Committee also heard that the venue had not responded positively when the objectors had made contact regarding noise issues.

The Sub Committee discussed the consequences  ...  view the full minutes text for item 66.

To consider the report of the Head of Licensing and Registration on a application for the grant of a premises licence in respect of the New World Café, New Briggate, Leeds LS1

(Report attached)

The Sub-Committee, having regard to the Licensing Act 2003, the Section 182 Guidance and the Authority’s own Statement of Licensing Policy considered an application for the grant of a Premises Licence in respect of  New World Café, 26-30 New Briggate, LS2. The premises was located within Cumulative Impact Area 1 (city centre) and had previously operated as D’Fusion.

Representations had been received from West Yorkshire Police (WYP) and LCC Environmental Protection Team (LCC EPT). A representation had also been received from LCC Health and Safety Team over measures proposed to address the public safety licensing objective, these measures had been agreed by the applicant prior to the hearing and the representation subsequently withdrawn. The hearing was attended by the following:

Mr G Chan –the applicant’s agent

Mr Lau – the applicant

Mr B Kenny – LCC EPT

PC C Arkle - WYP

The Sub Committee was aware that the premises licence for D’Fusion had been revoked and was now the subject of an appeal to the Magistrates Court. Discussion followed on the status of the two premises licences, should this application be granted. Mr Chan confirmed that if this application was granted, the appeal would be withdrawn. The Sub Committee heard that this applicant was in the process of buying the building, and sought an operational premises licence.

Mr Chan outlined the proposed target clientele and operation of the premises, which covered the ground, first and second floor of the building. He assured the Sub Committee that the applicant intended to operate a restaurant to the ground floor with corporate or pre-booked functions on the upper floors. The venue could no longer operate as a nightclub as it had been refurbished to create smaller spaces. This had also reduced the capacity. Mr Chan also stated that the applicant was content to accept measures discussed with WYP at a meeting the previous week - which included employment of doorstaff although the number and hours they would attend had yet to be determined

PC Arkle then highlighted WYP concerns regarding the location of the premises on New Briggate which was identified as a hotspot area in the city centre associated with anti social behaviour. There was concern over the lack of coherent measures to address the licensing objectives and the CIP area 1 policy included within the application. PC Arkle reported on the outcome of the meeting referred to by Mr Chan and highlighted that the proposed operation of this venue until 03:00 hours would add to the conflict with other licensed premises already experienced on New Briggate. She stated that it was important that conditions on this premise licence, should it be granted, reflected that the venue was not generally open to the public, due to its location and licensed history and that it was necessary and proportionate therefore for 2 doorstaff to be employed at the premises from midnight until 03:00 hours (when the ground floor restaurant was proposed to close).

Members noted that the premises could remain open until  ...  view the full minutes text for item 67.

To consider the report of the Head of Licensing and Registration on an application to vary an existing Club Premises Certificate held at Churwell Working Men’s Club, Diamond House, Churwell, Morley

(Report attached)

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 to vary an existing Club Premises Certificate in respect of Churwell Working Men’s Club, Diamond House, Churwell LS27.

In summary, the application if granted, would allow the provision of additional entertainment from 10:00 until 00:00 everyday. The application had attracted a representation from one local resident who did not attend the hearing. The Sub Committee resolved to consider their written representation and proceed in their absence.

Mr T Bottomley (Treasurer) and Mr A Wood (Secretary) attended the hearing on behalf of Churwell WMC who set out the background to the submission of the application. The Sub Committee heard that there was no intention to alter the style of management of the Club, rather that the revised Certificate would address the restrictions on the current Certificate. The applicants also addressed the comments made in the written objection.

The Sub Committee carefully considered the written and verbal representations made on behalf of the applicant and the written submission from the local resident.

RESOLVED – That the application be granted as requested