Agenda and minutes

Licensing Sub-Committee - Tuesday, 4th December, 2012 10.00 am

Venue: Civic Hall, Leeds

Contact: Helen Gray  Copies of the full report with appendices are available on request from the clerk. For details of the new premises licence please contact Entertainment Licensing on 0113 2474095 after the hearing.

Items
No. Item

103.

Election of the Chair

Minutes:

  Councillor Townsley was elected Chair of the meeting

 

 

104.

Exempt Information - Possible Exclusion of the Press and Public

 

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.

Minutes:

  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 of exempt information so designated as follows:

 

a)  Appendix D of the submitted report 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 contain information relating 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 allow the Members to have full and frank debate on the matter, as allowed under the provisions of the Licensing Procedure Rules

 

 

105.

Late Items

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)

 

Minutes:

  There were no late items

 

 

106.

Declarations of Disclosable Pecuniary and Other Interests

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.

 

Minutes:

  There were no declarations of disclosable pecuniary interests or other interests

 

 

107.

Review of the Premises Licence for "Phono", 174 Lower Briggate, Leeds, LS1 6DT pdf icon PDF 109 KB

To consider the report of the Head of Licensing and Registration which set out details of an application for the review of a Premises Licence under Section 51 of the Licensing Act 2003, sought by West Yorkshire Police, in respect of “Phono”, 174 Lower Briggate, Leeds, LS1 6DT.

 

The licensing authority is now under a duty to review the premises licence held by these premises.

 

(Report attached)

 

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

 

Additional documents:

Minutes:

  The Licensing 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 Phono, 174 Lower Briggate LS1.  It was noted that the application was originally scheduled for hearing on 17th September 2012, but following agreements between West Yorkshire Police and the Premises Licence Holder, the hearing was adjourned to allow the new management team further time to satisfy West Yorkshire Police that they were promoting the licensing objectives

 

  Present at the hearing were:

 

  Sgt Fullilove – West Yorkshire Police

  Mr Whur – Legal representative for the Premises Licence Holder

  Mr Nathan-Geary – Representative for the Premises Licence Holder

  Mr Kowiak – Member of Phono’s Management Team

  Mr Baxter – Designated Premises Supervisor – Phono

  Mr GrinionProtech Security

  Mr Dyson – Protech Security

 

  The Licensing Officer presented the report; outlined the activities and operating hours permitted in the premises licence and the steps the Sub-Committee could take when determining the review

 

  The Licensing Sub-Committee then heard from Sgt Fullilove who stated that the review had been brought at the request of a Senior Police Officer, following several incidents, up to and including incidents on 14th and 15th July 2012.  Since that time the Premises Licence Holder had addressed issues at the premises through bringing in new management and a new Designated Premises Supervisor (DPS) and that whatever the outcome of the review, Members were informed that West Yorkshire Police would work with the Licence Holder and his management team for the benefit of both parties

  Sgt Fullilove briefly outlined the concerns which had led to the review being brought and which were documented in the submitted report.  Members were informed that West Yorkshire Police had now only one remaining concern and that this related to the licensing objective of the prevention of public nuisance.  Incidents of people attempting to gain entry to the premises in the early hours of the morning were occurring, with many of these taking place after 04:00, having been reported by door staff at the premises

  West Yorkshire Police had concerns about this as the previous management at the premises had a connection with a particular client base which had sought to gain entry to the premises, and it was felt that this same client base were continuing to seek admittance to Phono and other premises in the area, with concerns that they did not bring anything positive to the venues they sought to be admitted to.  The Police were also concerned about why the premises remained an attraction to this group, despite the change of management at Phono

  Another concern to West Yorkshire Police was the recruitment of a member of staff who had experienced serious problems when employed at another venue in the city and that there was a lack of clarity about the role of this person at the premises, in view of recent visits by the Police to Phono.  ...  view the full minutes text for item 107.