Agenda for Licensing Sub-Committee on Tuesday, 5th April, 2016, 10.00 am

Licensing Sub-Committee - Tuesday, 5th April, 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
185.	Election of the Chair Minutes: RESOLVED – That Councillor B Gettings be elected as chair for the meeting.
186.	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.
187.	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 was no exempt information.
188.	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. Supplementary information was submitted for Agenda Item 6, Review of the Premises Licence for Biedronka, Roundhay Road, Leeds and Agenda Item 7, Review of the Premises Licence for East European Foods, 11 Harehills Road, Harehills, Leeds.
189.	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.
190.	Review of the Premises Licence for Biedronka, 225 Roundhay Road, Leeds, LS8 4HS PDF 144 KB To receive and consider the attached report of the Head of Elections, Locensing and Registration regarding a review of the Premises License for Biedronka, 225 Roundhay Road, Leeds. Additional documents: Appendix A , item 190. PDF 504 KB Appendix B , item 190. PDF 205 KB Appendix C , item 190. PDF 99 KB Appendix D , item 190. PDF 3 MB Appendix E , item 190. PDF 214 KB Appendix F , item 190. PDF 325 KB Minutes: The report of the Head of Elections, Licensing and Registration informed Members of an application for the review of the Premises Licence held at Biedronka, 225 Roundhay Road, Leeds. The review had been sought by the Licensing Authority under Section 51 of the Licensing Act 2003. Members were informed of the recent history of the licence held at the premises and changes made to the Designated Premises Supervisor. There had been a persistent breach of the conditions attached to the licence and the premises had been subject to a number of enforcement visits. A suspension of the licence had been requested whilst it was ensured that the CCTV system operated correctly. A representative of the Licensing Enforcement and Liaison Team addressed the Sub-Committee. Following a complaint that the premises had been operating outside the permitted hours it was discovered that the CCTV at the premises was not working in accordance with the conditions required for the licence. The Licence Holder had been informed that if the CCTV system was brought to the required standard then no further action would be required. It was reported that the CCTV still had not been brought up to the required standard following a further seven visits to the premises and four letters informing the applicant that a suspension of the licence would be sought. Following this the request was made for a review of the licence. Prior to the hearing, further evidence had been submitted that the CCTV was now working to the required standards and the licence holder had been advised that the review process could not be stopped. In response to Member’s comments and questions, the Licence Holder apologised for the failure to get the CCTV system fully operational. Member’s expressed deep disappointment regarding the time it took to get the CCTV working in compliance of the conditions of the licence and also stressed the need for all staff working at the premises to be trained in the operation of the CCTV system. The Licensing Sub-Committee carefully considered the report of the Head of Elections, Licensing and Registration; the statement of Licensing Policy and the application itself. It also considered the representations made by the Licensing Enforcement and Liaison Team and the Licence Holder. Members requested that the conditions of the Licence held at the premises continue to be monitored. RESOLVED – That no further action be taken with regard to the review of the Licence.
191.	Review of the Premises Licence for East European Foods, 11 Harehills Road, Harehills, Leeds, LS8 5HR PDF 213 KB To receive and consider the attached report of the Head of Elections, Licensing and Registration regarding a review of the Premises License at Eastern European Foods, 11 Harehills Road, Harehills, Leeds. Additional documents: Appendix A , item 191. PDF 533 KB Appendix B , item 191. PDF 141 KB Appendix C , item 191. PDF 96 KB Appendix D , item 191. PDF 2 MB Appendix E , item 191. PDF 281 KB Appendix F , item 191. PDF 332 KB Minutes: The report of the Head of Elections, Licensing and Registration informed Members of an application for the review of the Premises Licence under Section 51 of the Licensing Act 2003, sought by the licensing Authority in respect of East European Foods, Harehills Road, Harehills, Leeds. The previous Premise Licence Holder was in attendance but not the current Premise Licence Holder. The current Premise Licence Holder had been informed that the Licence was under review when it had been transferred and he had also been informed both verbally and in writing of the Hearing. The previous Premise Licence Holder confirmed that he was not in attendance to represent the current Premise Licence Holder. The Licensing Sub-Committee considered whether to hear the application in the Licence Holder’s absence or whether to defer the hearing to allow his attendance. RESOLVED – That the hearing be deferred to allow the Premise Licence Holder’s attendance.