Agenda and minutes

Licensing Sub-Committee - Tuesday, 29th March, 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

177.

Election of the Chair

Minutes:

RESOLVED – Councillor Wilkinson was elected Chair for the duration of the meeting.

178.

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.

179.

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.

180.

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. However, in relation to Item 8 a letter from Environmental Protection Team was circulated to all parties prior to the meeting. Minute 184 refers

181.

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 pecuniary interests.

182.

Application to Vary a Premises Licence held by The Hedonist Project, 156 Briggate, Leeds, LS1 6LY pdf icon PDF 39 KB

The report of the Head of Elections, Licensing and Registration advises Members of an application made under Section 34 of the Licensing Act 2003 ("the Act") to vary a premises licence at The Hedonist Project, 156 Briggate, Leeds, LS1 6LY.

 

(Report attached)

Additional documents:

Minutes:

This was an application to vary a premises licence made by Oenotheque Limited for Hedonist Project, 156 Briggate, Leeds, LS1 6LY,

 

The application sought approval to extend the hours until 02:00 hours for each licensable activity currently permitted by the premises licence, and to extend the opening hours to read Monday to Sunday 08:00 hours until 02:30 hours. The application also suggested additional measures that included substantial food being available until the close of business and a minimum of 40 seats to be available at all times.

 

Members noted that the premises were within the ‘red zone’ of the Leeds City Centre Cumulative Impact Area (CIP).

 

Representations opposing the application in its entirety had been received from West Yorkshire Police (WYP) and the Local Licensing Authority. Both representations were made on the grounds of the premises location within the ‘red zone’ of the City Centre Cumulative Impact Area (CIP).

 

Members were informed of the history of the premises and noted the following points:

·  Premises licence initially granted on 26th July 2007. At that time trading as Wokon Noodle Bar

·  The transfer of the licence to the current holder Oenotheque Limited was made on 28th September 2015 , with no representation from WYP

·  A Minor variation to play recorded and live music on Fridays and Saturdays from 23:00 until 00:00 hours had attracted representation from WYP regarding the prevention of crime and disorder. Proposed measures requested by WYP were accepted by the applicant and the minor variation granted.

·  The Hedonist Project had applied for Temporary Event Notices (TEN’s) to extend the terminal hour for events where on average the finishing time had been 02:00 hours.

 

 

Dan Crowther, Bruce Lerman and Tom Finnon of The Hedonist Project attended the Licensing Sub-Committee they were represented by Paddy Whur of Woods Whurr 2014 Limited.

 

At the request of Mr Whur the Members accepted additional documents for consideration. The documents were circulated to all parties.

 

Mr Whur addressed the Sub-Committee and informed the Members that he realised the premises falls within the ‘red zone’ of the CIP but was of the view that the hours applied for were not out of character with the area and would not add to the impact already experienced. Mr Whurr drew Members attention to 7.3 and 8.2 of the submitted report.

 

Mr Whur informed Members that he believed this was exceptional for the following reasons:

·  The owners work at the premises

·  The venue was to attract young executives and older customers

·  Education and masterclasses to be held at the venue

·  The Hedonist Project rebrands every 3 months was previously Whiskey and Liquor for the winter season and gin led for the spring summer season

·  Unique in the fact that would make 40 seats available although could hold up to 50

·  The premises was of a modest size in comparison to neighbouring establishments

·  Substantial food menu available all day

·  Premises licence was well conditioned

·  TEN’s applied for with no objections and proved could operate to the  ...  view the full minutes text for item 182.

183.

Application for the Grant of a Premises Licence for 7 Merrion Street, Leeds, LS1 6PQ pdf icon PDF 37 KB

The report of the Head of Elections, Licensing and Registration advises Members of an application made under Section 17 of the Licensing Act 2003 ("the Act") for a new premises licence licence made by Ham And Beer Limited for 7 Merrion Street, Leeds, LS1 6PQ.

 

(Report attached)

Additional documents:

Minutes:

This application was withdrawn prior to the hearing date with all measures having been agreed.

184.

Application for the grant of a premises licence for Best Kebab 48 & 50 Westgate, Otley, LS21 3AS pdf icon PDF 112 KB

To consider the report of the Head of Elections, Licensing and Registration for an application for the grant of a premises licence, made by Mr Sajid Khan, for Best Kebab 48 & 50 Westgate, Otley, LS21 3AS.

 

(Report attached)

Additional documents:

Minutes:

This was an application for the grant of a premises licence, made by Mr Sajid Khan, for Best Kebab at 48 & 50 Westgate, Otley, LS21 3AS

 

 

This application had received representations from responsible authorities being West Yorkshire Police Appendix C of submitted report and Environmental Protection Team Appendix D of the submitted report.

 

Representations had also been received from a resident and two ward councillors.

 

The applicant had applied for late night refreshment as outlined at 3.2 of the submitted report. However, the applicant had agreed measures with Environmental Protection Team prior to the hearing a letter was circulated to all parties. The applicant agreed to the measures listed and the operation times as follows:

·  Sunday to Thursday 23:00 – 00:00 midnight

·  Friday and Saturday 23:00 – 00:30am

 

Mr Khan informed the Members that he wished to open the premises later to be in line with the pubs and clubs in the area.

 

West Yorkshire Police (WYP) attended the hearing. They informed the Sub-Committee that they would like CCTV to be installed at the premises.

 

 WYP informed the Sub-Committee of the applicant’s previous premises which had recorded incidents of fighting, arguments and theft from the premises, WYP explained that CCTV supported the venue and the owners.

 

 Ward Councillor Campbell had attended the hearing and made representation on the grounds of public nuisance. He informed Members that the premises were located close to residential areas. He informed the Committee that he had received information about the reduction in hours and supported the WYP in the installation of CCTV at the premises. If all conditions agreed he said that he would withdraw his representation.

 

WYP informed the Sub-Committee that if the applicant agreed to CCTV at the premises they would also withdraw representation.

 

The applicant agreed to the installation of CCTV at the premises.

 

RESOLVED - That the Licensing Sub-Committee granted the Premises Licence on the basis of reduced hours opening agreed with Environmental Protection Team as outlined at Appendix D of the submitted report and the measures outlined including the installation of CCTV at Appendix C of the submitted report.