Agenda and minutes

Licensing Sub-Committee - Monday, 11th February, 2013 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

150.

Election of the Chair

Minutes:

RESOLVED – Councillor Downes was elected Chair for the meeting.

151.

Appeals Against Refusal of Inspection of Documents

To consider any appeals in accordance with Procedure Rule 25 of the Access to Information Procedure Rules (in the event of an Appeal the press and public will be excluded)

 

(*In accordance with Procedure Rule 25, written notice of an appeal must be received by the Head of Governance Services at least 24 hours before the meeting)

 

Minutes:

There were no appeals against the refusal of inspection of documents.

152.

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 to them of exempt information so designated as follows:-

(a)  Appendix A and B of the report referred to in minute 156 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 contents as the information therein pertains to an individual and that person would not reasonably expect their personal information or discussions thereon to be in the public domain. Additionally the information relates to ongoing police investigations which could be jeopardised if discussions were held in public; and

(b)  The Sub Committee also noted that the press and public would 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.

153.

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 added to the agenda.

154.

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 made.

155.

Application to vary a premises licence held in respect of the Old Peacock Elland Road, Holbeck, Leeds, LS11 8TU pdf icon PDF 109 KB

To consider a report of the Head of Licensing and Registration on an application to vary a premises licence held by the Old Peacock Elland Road, Holbeck, Leeds, LS11 8TU.

Additional documents:

Minutes:

This application was not heard due to agreements previously having been reached.

156.

Application for the grant of a personal licence for Kevin John Alexander, 36 Ramshead Heights, Seacroft, Leeds, LS14 6PU pdf icon PDF 168 KB

To consider a report of the Head of Licensing and Registration on an application for the grant of a personal licence for Kevin John Alexander, 36 Ramshead Heights, Seacroft, Leeds, LS14 6PU.

Additional documents:

Minutes:

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 personal licence for Mr Kevin John Alexander, 36 Ramshead Heights, Seacroft, Leeds, LS14 6PU.

 

The Sub – Committee was required to consider the application due to the receipt of a representation from West Yorkshire Police.

 

The following were present at the Hearing:-

 

Kevin John Alexander – The Applicant; and

PC Lynn Dobson – West Yorkshire Police

 

The Sub – Committee heard from the applicant who explained that he had been offered a job as a steward at a members club in Cleckheaton. The applicant responded to the written submissions of West Yorkshire Police, in light of his previous criminal convictions. The applicant further outlined that he was a reformed character and wanted to make a break with his previous way of life and that this opportunity would allow him to do so. The applicant highlighted the voluntary and community work he was involved with as evidence he had changed his ways.

 

Members of the Sub-Committee asked the applicant about his previous convictions and his understanding of the responsibilities of holding a personal licence. The applicant was also asked about his previous work and what he proposed to do if this application was refused.

 

PC Dobson addressed the Sub-Committee highlighting relevant aspects of the written submissions. The Sub-Committee were informed that West Yorkshire Police felt that due to unspent convictions the applicant was not ready to be put in a position of trust.

 

Members of the Sub-Committee questioned PC Dobson about the length of time until relevant convictions would be spent. Members also asked general questions about the likelihood of offenders returning to crime because of a lack of employment.

 

In summing up the applicant re-iterated his commitment to a new lifestyle and that he was trying hard to contribute to society in a positive way. He informed the Sub-Committee that the steward role he was being offered was an opportunity to build on this change in lifestyle whilst providing an income and somewhere to live.

 

The Sub-Committee put further questions to the applicant about his suitability for a personal licence and his background.

 

RESOLVED – That the application be refused.

 

The Sub Committee carefully considered the application finding it a difficult decision to make. However West Yorkshire Police’s version of events was accepted. The Sub-Committee noted the change in lifestyle of the applicant but considered it too soon for a personal licence to be granted.