Agenda for Licensing Sub-Committee on Thursday, 19th September, 2013, 9.30 am

Licensing Sub-Committee - Thursday, 19th September, 2013 9.30 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
74.	Election of the Chair Minutes: RESOLVED – That Councillor Khan be elected to the Chair for the duration of the meeting.
75.	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.
76.	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: There was one exempt Appendix for Item 7 “Black Diamond” Appendix C has been designated as exempt information. Members of the committee were made aware and asked to consider exclusion of the press and public from the hearing if those matters were to be discussed.
77.	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.
78.	Declarations of Disclosable Pecuniary Interests To disclose or draw attention to any disclosable pecuniary interests for the purposes of Section 31 of the Localism Act 2011 and paragraphs 13-16 of the Members’ Code of Conduct. Minutes: No declarations were made.
79.	"Black Diamond" - Application for the Grant of a Sex Establishment Licence for Black Diamond, 68-72 New Briggate, Leeds LS1 6UN To consider the report of the Head of Licensing and Registration for an application for the Grant of a Sex Establishment Licence for Black Diamond Club, 68-72 New Briggate, Leeds LS1 6UN. PLEASE NOTE: Appendix C of the report is designated as exempt under the provisions of paragraph 10.4 (1, 2 and 3) of the Access to Information Procedure Rules. THIS ITEM WAS ADJOURNED FROM A HEARING ON 16^TH SEPTEMBER 2013. PLEASE REFER TO THE AGENDA FOR THAT DATE AS PAPERS WERE NOT RE-ISSUED Minutes: At the start of the meeting the Council’s Legal Representative made the meeting aware that two members of the committee had sat on the working group for the new policy in relation to licensing of sex establishments. The Members have come to this hearing with an open mind. This application was for the grant of a sex establishment licence for premises that presently hold a sex establishment licence for a smaller operation. The application was made under section 2 and schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 for the grant of a sex establishment licence for premises known as ‘Black Diamond Club’, situated at 68-72 New Briggate, Leeds LS1 6UN. The premises have operated under the provisions of the Licensing Act 2003 for the provision of alcohol and regulated entertainment for a number of years. The premises have been licensed since 2005. At that time there was no separate licence required for the provision of sexual entertainment, and it is understood that lap dancing was provided at these premises at that time. The Policing and Crime Act 2009 amended the Local Government (Miscellaneous Provisions) Act 1982 Section 2 and Schedule 3 introduced a new classification of sex establishment, namely sexual entertainment venues, bringing lap dancing, pole dancing and other ‘relevant entertainment’ into the same regime as licensed sex shops and sex cinemas in the Leeds area since 1982. Leeds City Council adopted the provisions of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 as amended by the Policing and Crime Act 2009 on 19^th January 2011 with effect from 1^st October 2011. Leeds City Council adopted its Statement of Licensing Policy for the Licensing of Sex Establishments in September 2011. In June 2012 these premises were successfully granted a sex establishment licence to provide sexual entertainment in the form of lap dancing. The licence covered the 1^st and 2^nd floors of the building only. The Statement of Licensing Policy for the Licensing of Sex Establishments has subsequently been reviewed and a new policy was adopted by Executive Board in July 2013 with effect from 1^st September 2013. This application is in relation to a new sex establishment licence for all four floors, incorporating the basement, ground, first and second floors of the building. The original premises application made in January 2013 was applied for in the name of ‘Tantric Blue’, the operator has now withdrawn this request and proposes to operate under the original name of ‘Black Diamond’. Partial copies of the application to be found at Appendix B of the report. It was noted that certain information submitted within the application is potentially exempt information under Access to Information Procedure Rule 10.4 (1, 2 and 3) as it includes information relating to individuals. Members were provided with full copies within a separate Appendix C. Objections to this application were received from elected members and members of the public. The objections were in relation to the location, the demand and ... view the full minutes text for item 79.