Agenda and minutes

  Councillor Dunn was elected Chair of the meeting

  Although there were no formal late items, the Sub-Committee was in receipt of the following supplementary information, which had been circulated and accepted by all parties:

  Café@Lamberts Yard application – copy of the health and safety measures agreement and detailed information in respect of the application, submitted by the applicant’s legal representative, including the revised application

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.

  There were no declarations of disclosable pecuniary interests

To consider a report of the Head of Licensing and Registration on an application to vary a premises licence, made by Stonegate Pub Company, for Yates’s Wine Lodge 24-28 Boar Lane LS1

(report attached)

  The Panel was informed that this matter had been withdrawn from the agenda

To consider a report of the Head of Licensing and Registration on an application for the grant of a premises licence, made by WM Morrisons Supermarkets PLC for Morrisons M Local 12-14 Infirmary Street Leeds LS1

(report attached)

  The Sub-Committee having regard to the Licensing Act 2003, the Statement of Licensing Policy and the Statutory Guidance, considered an application for the grant of a premises licence to WM Morrisons Supermarkets PLC, for an M Local at 12-14 Infirmary Street LS1, which was located in the amber zone of the Cumulative Impact Policy (CIP).  The application had attracted a representation from a local businessman.  As the objector did not attend the hearing, the Panel dealt with his concerns on the basis of his written representation

  Present at the hearing were:

  Ms Johnson – applicant’s legal representative

  Ms Wood – representing the applicant

  At the start of the hearing, Ms Johnson raised an issue in respect of conflicting information she had received on whether the CIP applied to off licences.  The Licensing Officer confirmed that in this case, the CIP did apply

  Ms Johnson –presented the application which was for the sale of alcohol from 06.00 – 00.00 Monday – Sunday, for consumption off the premises only at the new M Local store at 12-14 Infirmary Street LS1

  Members were informed that alcohol sales would represent only 15% of sales and that in response to concerns raised by West Yorkshire Police (WYP), no single cans of beer, lager or cider would be sold; and other than specialist branded, premium priced products, no beer, lager or cider with an alcohol content of 6.5% or above would be sold.  WYP had subsequently withdrawn their objection to the application in view of the conditions being offered by the applicant

  Ms Johnson stated that Morrisons was an experienced and responsible retailer which had hundreds of the M Local stores around the country which operated with the hours being sought for the new Leeds store.  Since representing the company over the last four years, Ms Johnson advised that Morrisons had not received a prosecution or review of their premises licences which was felt to be a testament to the policies and procedures the company operated in respect of its obligations under the licensing objectives

  The representation which remained outstanding was from a local trader, with Ms Johnson stating that need and the impact on other premises were not relevant considerations under the Licensing Act.  In terms of the issues raised in the written representation, Ms Johnson considered these to be speculation and that no evidence had been provided to bear out the concerns which had been raised

  In response to questions from the Sub-Committee, Ms Wood confirmed the number of staff which would be on duty, particularly late at night and advised that all of the staff would be trained including on under-age sales.  Members were also informed that Morrisons employed an independent company to carry out spot tests on Challenge 25 as well as using mystery shoppers, so premises were highly regulated

  Regarding the problem of litter around the premises, Ms Johnson stated the applicant had a litter policy which required regular checks by staff in the immediate area of the store

  The Sub-Committee  ...  view the full minutes text for item 57.

To consider a report of the Head of Licensing and Registration on an application for the grant of a premises licence, made by Lamberts Yard Limited for Café@Lamberts Yard, second floor 162-163 Briggate LS1

(report attached)

  The Sub-Committee, having regard to the Licensing Act 2003, the Statement of Licensing Policy and the Statutory Guidance, considered an application for a premises licence for a café, gallery and event space on the second floor at Lamberts Yard, 162-163 Briggate LS1, which was located in the red zone of the CIP.  The applicant was Lamberts Yard Limited and the application had attracted representations from WYP, LCC Entertainment Licensing and LCC Environmental Protection Team (EPT).  It was noted that a representation from LCC Health and Safety Service had been withdrawn following agreement with applicant for proposed controlled measures at the premises

  Present at the hearing were:

  Mr Rees-Gay – applicant’s legal representative

  Mr Geary – applicant

  Mr Firth – proposed Designated Premises Supervisor

  PC Arkle – WYP

  Sgt Shaw – WYP

  Mr Patterson – WYP Licensing Section

  Mr Higgins – LCC EPT

  Mr Mann – LCC EPT

  Ms Holden – LCC Entertainment Licensing

  In view of the revisions made to the application, Mr Rees-Gay sought an extension of the time allowed to put the case to Members.  The Sub-Committee on this occasion agreed to additional time being allowed for all parties

  The application as set out in the submitted report was outlined by the Licensing Officer

  Mr Rees-Gay then presented the case on behalf of the applicant

  Members were informed that the premises would be used as a concept store for independent designers, particularly fashion designers, with links being established with the Universities   

The long term aim was to change this part of the City Centre, bring back retail footfall and link into the regeneration of Kirkgate.  However, to do this, the café/event space was required as this would provide facilities for fashion shows, exhibitions and private functions, with a high end client base including KPMG, RBS and CBRE.  Such events would be pre-booked, by invitation/guest list only and promoted by the operator, with WYP being notified in advance of each event which would take place.  The capacity for the gallery/event space was 120.  Assurances were given that the general public would not be able to attend such events, although they would be able to use the café from 09.00 – 18.00

Details of the food menu were provided to evidence the high end nature of the venture.  Members were informed of the experience of Mr Firth, the proposed DPS who was also the DPS of Rare, the restaurant located in Lamberts Yard

Amendments to the hours, conditions and additional conditions were outlined in the additional information submitted by Mr Rees Gay.  In summary these were:

·  terminal hour for all licensable activities and closing to be midnight everyday

·  that no Temporary Event Notices (TENS) would be applied for

·  provision of door staff on Friday-Sunday from 22.30 to close of business when an event was taking place

·  provision of an agreed dispersal policy with WYP

·  notices to be displayed at exits requesting patrons to leave the premises quietly and this to be monitored and patrons reminded where necessary

·  installation of  ...  view the full minutes text for item 58.