Agenda and minutes

Licensing Sub-Committee - Tuesday, 18th October, 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

1.

Election of the Chair

Minutes:

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

 

2.

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.

 

3.

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:

The agenda contained no exempt information.

 

4.

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:

No formal late items of business were added to the agenda.

 

5.

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 interest.

 

6.

Leeds French Wine pdf icon PDF 105 KB

To consider a report of the Head of Elections, Licensing and Registration which sets out details of an application for the grant of a premises licence, made by Pomidou Import Ltd, for Leeds French Wine 197 Chapeltown Road, Chapeltown, Leeds, LS7 3DX.

 

(Report attached)

Additional documents:

Minutes:

The Sub Committee considered the report of the Head of Elections, Licensing and Registration on an application for the grant of a premises licence made by Pomidou Import Ltd, for Leeds French Wine, 197 Chapeltown Road, Chapeltown, Leeds, LS7 3DX.

 

The original application sought the sale by retail of alcohol and provision of late night refreshment and had attracted representations from other persons and LCC Environmental Protection Team.

 

Prior to the hearing, the applicant and LCC EPT had reached agreement over measures to address the public nuisance licensing objective. LCC EPT had withdrawn their representation on the understanding that the agreed measures would be included within the operating schedule for the premises, should this application be granted. The agreement effectively restricted the hours to:

Sale by retail of alcohol:  Monday to Friday  11:00 - 23:00 hours

Saturday and Sunday  14:00 - 00:00 midnight

Late night refreshment:   Saturday and Sunday   23:00 - 00:00 midnight

Opening hours:   Monday to Friday   11:00 - 23:00 hours

Saturday and Sunday   14:00 - 00:00 hours

 

Members of the public who had submitted a representation did not attend the hearing. The Sub Committee resolved to take their representations into account and consider the application in their absence.

 

Mr Fabien P Dacleu, the applicant and proposed Designated Premises Supervisor (DPS), attended the hearing. Mr Dacleu explained that he had previously held a premises licence and operated a similar business with a partner, but had moved premises and forgotten to move the premises licence across. Mr Dacleu stated that he had discovered the error at the time of the Leeds West Indian Carnival when he had wanted to open later. At that time, he contacted West Yorkshire Police for advice when making the application. Since then, the premises had been closed. On receipt of the LCC EPT representation he had agreed to revert back to the former operating hours.

 

Responding directly to the comments made in the representations received from local residents, Mr Dacleu suggested that the person who stated they lived above the premises actually lived two floors above as he lived in Flat One immediately above the premises, with a travel agency on the top floor.

He stated that the only other employee was his wife and confirmed that the premises had not previously operated until 02:00 hours

 

In response to queries from the Sub Committee Mr Dacleu provided further information on the following:

-  His previous business had failed as it was too large and he could not afford the rent. He had bought out his business partner, set up a company called Pomidou Import Ltd and intended to run this new business with his wife.

-  This new venture was in smaller premises. Essentially it was a small bar with a wine off-licence facility. No food was prepared or sold, as the venue had no kitchen to prepare meals

-  In respect of comments about patrons urinating in the street, Mr Dacleu stated that his local community patronised the premises. He felt that these comments  ...  view the full minutes text for item 6.