Agenda and minutes

Licensing Sub-Committee - Thursday, 27th February, 2014 10.00 am

Venue: Civic Hall, Leeds

Contact: Governance Services  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

178.

Election of the Chair

Minutes:

 

RESOLVED- That Councillor Townsley be elected for the duration of the meeting.

 

179.

Appeals Against Refusal of Inspection of Documents

To consider any appeals in accordance with Procedure Rule 15.2 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 15.2, 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.

 

180.

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 were no exempt items.

 

181.

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 on the agenda. However, there was a supplementary pack that all parties received prior to the hearing.

 

182.

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:

 

There were no declarations of disclosable pecuniary interests.

 

183.

Review of the Premises Licence for La Boheme, Cross York Street, Leeds, LS2 7EE pdf icon PDF 43 KB

Members are asked to consider 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 La Boheme, Cross York Street, Leeds, LS2 7EE.

 

The Licensing Authority is now under a duty to review the Premises Licence held by these premises.

Additional documents:

Minutes:

 

The Licensing Sub-Committee heard an application for a review of a Premises Licence under Section 51 of the Licensing Act 2003, sought by West Yorkshire Police in respect of La Boheme, Cross York Street, Leeds, LS2 7EE.

 

In between the submission of the application and the Licensing Sub-Committee hearing, the premises licence was transferred with immediate effect from Wildcard Leisure Limited to Urban Edge Group Limited, landlord of the premises.  The transfer took place on 26th February 2014.

 

On 26th February 2014 a solicitor from Woods Whur LLP on behalf of the new premises licence holders, wrote to West Yorkshire Police stating that the premises would not operate until a suitable premises licence holder could be found that satisfied the police.

 

At the hearing a formal application for an adjournment of the review application was made by Mr Whur from Woods Whur LLP on behalf of the new premises licence holder. Mr Whur reconfirmed that the premises would not open or operate.

 

West Yorkshire Police objected to the application for an adjournment stating that there were no exceptional circumstances to support it.

 

Members adjourned to deliberate the decision.  The committee noted it had powers in the relevant regulations to adjourn the matter to a specified date in the public interests.

 

Members listened to and were conscious of concerns raised by West Yorkshire Police.  The objective of the review application was to close the premises.  As the premises were already closed, members considered that the primary objective of the application had fallen away.  The committee also considered that as the premises were no longer trading, the licensing objectives were being upheld.  The Licensing Sub-Committee also noted the undertakings given by the new premises licence holder that the premises would not open.

 

RESOLVED-The application for an adjournment was granted and the matter was adjourned to Tuesday 18th March 2014 at 10am for further consideration.