Agenda and minutes

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.

Note: re-convened from 5/4/16 

Items
No. Item

192.

Election of the Chair

Minutes:

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

193.

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.

194.

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.

195.

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.

196.

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.

197.

Review of the Premises Licence for East European Foods, 11 Harehills Road, Harehills, Leeds, LS8 5HR, pdf icon PDF 110 KB

To receive and consider a report by the Head of Elections, Licensing and Registration which sets out details of a review of the Premises License at Eastern European Foods, 11 Harehills Road, Harehills, Leeds.

 

(Report attached)

 

 

Additional documents:

Minutes:

The Head of Elections, Licensing and Registration submitted a report which provided Members with the background and history to the making of the review application made by the Licensing Authority. The report set out the relevant law when reviewing licences under the Licensing Act 2003 (“the Act”), and informed members of the options available to them when reviewing a premise licence.

 

The meeting had been re-convened following a decision to adjourn made by the Sub-Committee on 5th April 2016.

 

In attendance for the review were:

 

Mr S H Mohammed – DPS (Licence holder at time the review was served)

Mr H Mirabadi – Licence Holder

 

Mrs C Brennand – Licensing Authority

PC L Dobson – West Yorkshire Police

 

The Sub Committee heard from Mrs Brennand who highlighted the additional information that had been submitted after the adjournment on 5th April 2016. This information included the fact that Mr Mirabadi had now complied with the licence condition to have a working CCTV system in place on the premises. The Licensing Authority had previously had many conversations with the licence holder and sent correspondence requesting that this condition be complied with.

 

The Sub Committee heard from PC Dobson who confirmed that the CCTV did now work at the premises. PC Dobson also sought assurance that the CCTV system had been removed from the flat above to the ground floor trading area. It was confirmed that this had happened.

 

In discussion with Members it was confirmed that CCTV had been requested from the licence holder following allegations of breaching the condition relating to open hours. However Mr Mirabadi had not been able to provide CCTV to prove there had been no breach and it had become apparent the CCTV did not work effectively.

 

The Licensing Sub Committee informed Mr Mirabadi that it takes breaches and non-compliance with the licensing conditions very seriously.

 

Mr Mirabadi addressed the Sub Committee and confirmed he had now complied with all requests made by the Licensing Authority with no outstanding issues.

 

Following full consideration of the options open to the Sub-Committee in the determination of Review applications Members made the following decision:

 

RESOLVED – The Sub Committee determined to allow the licence to continue to operate subject to conditions previously agreed.

 

Members wished the licence holder good luck. However the Sub Committee re-iterated that further breaches to the licence would not be tolerated and would result in a further review. The Sub Committee noted the business now traded as DJ Off Licence.