Agenda and minutes

Licensing Sub-Committee - Monday, 7th March, 2016 10.30 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

158.

Election of the Chair

Minutes:

RESOLVED – That Councillor G Hyde be elected as Chair for the meeting.

 

 

159.

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.

 

 

160.

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, in accordance with Regulation 4 of The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, the public be excluded from the meeting during consideration of that part of the agenda (appendix to agenda item 6 – Summary Review of the Premises Licence in respect of the Aviator, 16 High Street, Yeadon, Leeds) designated as exempt from publication in accordance with paragraph 10.4 (3) of Schedule 12A(3) of the Local Government Act 1972 on the grounds that the information contained within the documents relate to the financial or business affairs of any particular person (including the authority holding that information) and would not ordinarily expect to be in the public domain. It is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, due to the impact that the disclosure of the information would have on the individual. (Minute 163 refers).

 

161.

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 distributed to all parties prior to the hearing.

 

 

 

 

162.

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.

 

163.

Summary Review of the Premises Licence in respect of The Aviator, 16 High Street, Yeadon, Leeds, LS19 7PP pdf icon PDF 114 KB

To receive and consider the attached report of the Head of Elections, Licensing and Registration.

 

Additional documents:

Minutes:

The report of the Head of Elections, Licensing and Registration referred to an application made by West Yorkshire Police for the Summary Review of the Premises Licence in respect of the Aviator, 16 High Street, Yeadon, Leeds.

 

An interim steps hearing had been held on 11th February 2016 where the Licensing Sub Committee resolved to suspend the Premises Licence pending this hearing.

 

Prior to the Summary Review, the Sub-Committee considered the applicant’s representations against the interim steps.

 

The Sub-Committee heard from the applicant’s representative.  He made reference to the fact that the applicant did not wish to challenge the suspension made at the Interim Steps hearing on 11th February and had required further time to put together a cohesive picture of events at the premises and proposals for the future operation of the premises.  Members were informed of the proposals to invest in and re-brand the premises.  This included the removal of non-standard timings which would ensure a significant reduction in the opening hours, a move towards becoming a food led premises and replacement of the door staff company.  Door staff would be employed from 9.00 p.m. until the close of business on a weekend and also on Bank Holiday Sundays.

 

The applicant’s representative acknowledged the problems that had been associated with the premises and reported that amongst other reasons, this was due to the premises having a poor management team and failings of the door staff on occasions when incidents had occurred.  The Sub-Committee were informed of changes to the Designated Premises Supervisor and the success he had with operating other premises.

 

It was requested that the interim steps be modified and that another four weeks be allowed for the re-branding of the premises.

 

RESOLVED – That the interim step arrangements as per the conditions set out in the applicant’s letter of 3rd March 2016 be approved.

 

 

 

The Licensing Sub-Committee then considered the Summary Review.

 

A West Yorkshire Police representative outlined reasons for the Summary Review of the Premises Licence.  These included the following:

 

·  A series of incidents had occurred at or relating to the premises over the previous eighteen months.

·  During a Licensing visit, there had been a concern raised in respect of the poor quality of CCTV at the premises.  During this visit there had also been a positive indication of drugs use at the premises and an intoxicated person had been served alcohol in spite of the wishes of the Police Officers present.  Following this visit and meetings with the then Area Manager, it had hoped to address these problems with a full refurbishment and change to the style of operation.  Following a short closure the Premises reopened and within the next two months there were further requests for police attendance at the premises.

·  A serious incident occurred in May 2015 which was connected with the premises and resulted in a fatality.  There was a failure to contact the police on that evening and evidence had shown that a customer who was barred  ...  view the full minutes text for item 163.