Agenda and minutes

Licensing Sub-Committee - Tuesday, 19th January, 2016 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

125.

Election of the Chair

Minutes:

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

126.

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 inspection of documents.

127.

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 resolutions to exclude the public.

128.

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 for consideration.

129.

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.

130.

Temporary event notice for Second Floor, 162 - 163 Briggate, Leeds,LS1 6LY pdf icon PDF 34 KB

To receive a report of the Head of Licensing and Registration To advise Members of a temporary event notice served under section 100 of the

Licensing Act 2003 ("the Act") in respect of the above mentioned premises. Members are required to consider this application due to the receipt of an

objection notice from West Yorkshire Police.

Additional documents:

Minutes:

The Head of Elections, Licensing and Registration submitted a report which advised Members of a temporary event notice (TEN) served under section 100 of the Licensing Act 2003 in respect of Second Floor, 162-163 Briggate, Leeds, LS1 6LY.

 

An objection notice had been received from West Yorkshire Police.

 

Present at the hearing were:

 

Paul Nathan-Geary –TEN User

 

PC Cath Arkle – West Yorkshire Police

Bob Patterson - West Yorkshire Police

 

The applicant addressed the Sub Committee, he highlighted that due to not enough footfall during the day his business relied on holding events, work was being done to build on retail activity to help increase business. Mr Nathan-Geary informed the Sub Committee that he operated two other premises which are open during the day and are marketed as events spaces. Mr Nathan-Geary confirmed to the Sub Committee that the reason for the TEN was due to being double booked at another venue he operates in the city. The event would be a 40th birthday party taking place at a weekend from 7:00pm until 1:30am with live music until 12pm and recorded music thereafter. Mr Geary commented that he supported the work of the Police and wanted to contribute to Briggate and Call Lane being pleasant areas.

 

At this point Members asked Mr Nathan-Geary about the conditions attached to the premises licence which stated that no TENs would ever be applied for.  Mr Nathan-Geary commented that this was an exception due to a double booking and that no application would be made again.

 

Mr Patterson and P.C. Arkle addressed the Sub Committee stating that the premises formed part of the Red Zone of the CIP and had been in the red zone since the introduction of colour coding in 2014. It was stressed that this area of the City has caused problems for the Police since 2005.

 

Mr Patterson referred back to the original application for a licence and highlighted the condition offered by Mr Nathan-Geary’s legal representative (and incorporated into the licence)  not to apply for any TENs, on this basis the Police felt under obligation to object. Mr Patterson felt that Mr Nathan-Geary was essentially applying for a dispensation and he considered that there was no procedure for this.

 

The Police commented that very few applications were granted in this area of the City and that one of the reasons the application for this premises had been successful in 2014 was due to the undertaking not to submit TENs.

 

Members asked whether the Police would consider negotiation on the TEN conditions contained within in the existing licence outside of the hearing. It was confirmed they would be open to discussion with Mr Nathan-Geary but would require the involvement of the other statutory authorities who also objected to the original application.

 

In summary Mr Geary thanked the Sub Committee for their time and appreciated the difficulty created by the submission of the TEN.

 

After careful consideration of the issues presented to them including the timings of  ...  view the full minutes text for item 130.