Agenda and minutes

Licensing Sub-Committee - Monday, 16th March, 2015 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

96.

Election of the Chair

Minutes:

RESOLVED – Councillor B Gettings was elected Chair for the meeting

 

97.

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 refusal of documents

 

98.

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:

No exempt information was contained within the agenda

 

99.

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 of business

 

100.

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

 

101.

"Neli Bar" - Review of the Premises Licence for Neli Bar, 4 Branch Road, Armley, Leeds, LS12 3AQ pdf icon PDF 119 KB

To consider the report of the Head of Licensing and Registration on an application for the review of a Premises Licence held at the premises known as “Neli Bar”, 4 Branch Road, Armley, Leeds, LS12 3AQ. The application has been made by West Yorkshire Police under Section 51 of the Licensing Act 2003 on the grounds of the premises licence is made on the grounds of the following licensing objectives: the prevention of crime and disorder, public safety and the prevention of public nuisance

Additional documents:

Minutes:

The Sub Committee considered the report of the Head of Licensing and Registration on an application for the review of the Premises Licence held at the premises known as “Neli Bar”, 4 Branch Road, Armley, Leeds, LS12 3AQ. The application had been made by West Yorkshire Police (WYP) under Section 51 of the Licensing Act 2003, on the grounds of public safety; the prevention of crime and disorder; and the prevention of public nuisance.

 

West Yorkshire Police were represented at the hearing by Ms C Sanderson, Leeds District Licensing Officer, Sgt D Shaw and PC C Davey.

 

The Premise Licence Holder, Mr R Puky, did not attend the hearing. The Sub Committee heard that neither WYP nor the Licensing Authority had received any notification that he would not be in attendance or any request to defer the hearing. Just prior to the hearing the clerk attempted to contact Mr Puky on the telephone number provided on the Premises Licence. The gentleman who answered the call stated Mr Puky was on holiday. On receipt of this information, the Sub Committee resolved to proceed in the absence of the Premise Licence Holder

 

The Sub Committee heard from Ms Sanderson WYP who introduced the background to application for the review, which included information on the following:

·  information about the initial grant of the premises licence in 2014

·  the style of operation of the premises and management approach

·  the liaison and Action Planning meetings undertaken by WYP with Mr Puky, the Premises Licence Holder

·  the nature, number and severity of the incidents recorded at the premises or as being associated with the premises

·  the findings of licensing and enforcement visits to the premise

·  the circumstances of the issue of the Section 19 Closure Notice on 20th September 2014

·  those issues of concern which had been referred to West Yorkshire Fire and Rescue Service (WYFRS) for action

 

PC Davey, of the local Neighbourhood Policing Team, provided additional details at the request of the Sub Committee and Mr P Rix provided additional information on the style of operation of the premises and licensable activities

 

In conclusion, Ms Sanderson highlighted that WYP had considered whether there were any additional measures that could be employed to better manage the premises. She stated that WYP took the view that there were not; additionally WYP had no confidence that any additional measures would be adhered to by the Premises Licence Holder. Furthermore, that as Mr Puky was both the Designated Premises Supervisor and Premises Licence Holder for Neli Bar, WYP felt that the option to remove the DPS would not be effective in this case. Therefore, WYP sought revocation of the Premises Licence.

 

The Sub Committee carefully considered the representations submitted by WYP, noting the multiple breaches of the premise Licence, the multiple incidents of anti-social behaviour, and health and safety concerns.

 

The Sub Committee concluded that action was required.

 

Members felt that previous warnings and advice given by WYP to the Premises Licence Holder had been ignored. Members  ...  view the full minutes text for item 101.