Agenda and minutes

Licensing Sub-Committee - Tuesday, 25th August, 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

44.

Election of the Chair

Minutes:

RESOLVED – That Councillor Gettings be elected as Chair for the duration of the meeting.

45.

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.

46.

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 D, E and F of the report referred to in minute 49 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 individuals and that people would not reasonably expect their personal information or discussions thereon to be in the public domain; 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.

 

47.

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 submitted to the agenda for consideration. However supplementary information was published and circulated to all parties prior to the meeting in relation to Agenda Item 6 “Review of the Premises Licence for Wykebeck Arms, Selby Road, Leeds, LS9 0EW” (Minute No 49 refers).

48.

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.

49.

Review of the Premises Licence for Wykebeck Arms, Selby Road, Leeds, LS9 0EW pdf icon PDF 115 KB

To receive a report which sets out the options available to Members in reviewing the Premises Licence for Wykebeck Arms, Selby Road, Leeds, LS9 0EW

Additional documents:

Minutes:

 The Sub-Committee considered a Review of a Premises Licence held at the premises known as “The Wykebeck Arms” Selby Road, Leeds LS9. The Review was considered under the provisions of Section 51 of the Licensing Act 2003 at the request of West Yorkshire Police. The Licensing Authority was therefore required to review the Premises Licence having regard to guidance issued under Section 182 of the Act.

 

Present at the hearing:

 

  • West Yorkshire Police (WYP) – the applicant, represented by Ms Checa-Dover and PC Dobson;
  • Mr R Taylor of Gosschlaks Solicitors, Hull, representing Enterprise Inns; and
  • Mr I Brown Area Manager of Enterprise Inns.

 

Mr Dean Walker, the previous Premises Licence Holder (PLH) and Designated Premises Supervisor (DPS) for the premises was not in attendance. 

 

The Sub-Committee heard from the Police who provided information leading up to the application to review the premises licence. The history of the premises and the Police’s involvement was explained to the Sub Committee as follows:

 

It was established that Enterprise Inns owned the premises and that there had been a history of non-compliance with authorities by the previous licence holder. The Sub  Committee were informed that there had been 10 meetings with the licence holder prior to the application to the review the licence and that been no effort to co-operate with the Police. It was established that Mr Walker had been removed and that Angela Spencer had been appointed as the DPS (Designated Premises Supervisor) and PLH (Premises Licence Holder), a local person with experience of managing other licensed premises.

 

The Sub Committee then heard from Mr Taylor representing Enterprise Inns who responded to the submissions of the Police.

 

Mr Taylor explained that Mr Brown worked alongside PC Dobson. The Sub Committee heard that when the Police issued proceedings, this allowed enterprise Inns to issue proceedings against Mr Walker who had a lease that did not expire until 2022. Enterprise Inns accepted that they needed to work closely with the Police and provide support the new DPS and that the premises needed to establish a good track record.

 

Mr Taylor explained that he felt, that no action should be taken in terms of putting in further conditions on the licence as the effect of this would be to punish the new DPS who was not at fault. The cause of the problems at the premises had been removed.

 

Enterprise Inns acknowledged that if there were more problems with the premises it would be them that was liable for prosecution and they were anxious to avoid this.

 

The Sub Committee went on to discuss the conditions of the licence, the CCTV provision at the premises and the issue of children being served at the premises and how this could be dealt with in the future.

 

 

RESOLVED – That, following careful consideration of the application, the supplementary information and the submissions made, no action was necessary and that the circumstance of the review did not require the Committee to take any steps to promote the  ...  view the full minutes text for item 49.

50.

Application to vary a premises licence held by The Griffin 31 Boar Lane, Leeds, LS1 5DF pdf icon PDF 96 KB

To receive an application to vary a premises licence held by The Griffin 31 Boar Lane, Leeds, LS1 5DF

Additional documents:

Minutes:

This item was withdrawn prior to the meeting commencing.