Agenda and minutes

RESOLVED – Councillor Downes was elected Chair of the meeting.

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)

There were no appeals against the refusal of the inspection of documents.

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.

The agenda contained no exempt information.

With the permission of the Chair, one formal late item of business was added to the agenda – an application for a Temporary Event Notice for Bramley Sports and Social Club for an event proposed for 18^th November 2016. As the application had attracted representations from West Yorkshire Police, the Authority was required to determine the application as soon as possible and had been added to this agenda as the first available meeting to consider the matter. (minute 10 refers)

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.

There were no declarations of disclosable pecuniary interests.

To consider  a report of the Head of Elections, Licensing and Registration on an application for the grant of a premises licence for The E Den, Arch 3, Church Walk, Leeds, LS2 7EG

The Sub Committee considered an application for the grant of a premises licence, made by Your Eco Solutions Ltd, for The E Den, Arch 3, Church Walk, Leeds, LS2 7EG. The premises are located within the Cumulative Impact Area for Area 1 – City Centre Green Zone.

In summary the application sought to allow the premises to operate Sunday to Thursday 09:00 until 03:00 and Friday & Saturday 09:00 until 06:00 (to include regulated entertainment to cover customers use of online video gaming stations to play on X Box, PlayStation, PCs etc. with late night refreshment and the sale of alcohol Sunday to Thursday 11:00 until 03:00, Friday & Saturday 11:00 until 04:30)

Representations had been received from LCC Environmental Protection Team (EPT), West Yorkshire Police (WYP), local Ward Councillor M Iqbal and members of the public.

It was noted that the applicant had reached agreements with LCC EPT and the representation had been withdrawn, subject to the agreed measures being included on the Premises Licence should the application be granted. This subsequently amended the application as follows:

Anything of a similar description to that falling within live music, recorded music and performance of dance

Monday to Wednesday 09:00 until 00:30 hours

Thursday to Sunday 09:00 until 01:30 hours

Late night refreshment

Monday to Wednesday 23:00 until 00:30 hours

Thursday to Sunday 23:00 until 01:30 hours

Supply of alcohol

Monday to Wednesday 09:00 until 00:30 hours

Thursday to Sunday 09:00 until 01:30 hours

Furthermore, at the start of the hearing it was noted that the applicant had reached agreements with WYP on 14^th November 2016; leading to WYP withdrawing their representation, subject to the agreed measures being included on the Premises Licence should the application be granted. The agreements were read out at the meeting:

Sales of alcohol shall be

11:00 until midnight - Monday to Wednesday: premises close at 00:30 hours 11:00 until 01:00 - Thursday to Sunday: premises close at 01:30 hours

Other licensable activities applied for shall be from 09:00 until close

Late night refreshment shall be from 23:00 until close

Premises opening hours shall be from 09:00 until 00:30 on Monday to Wednesdays and 09:00 until 01:30 on Thursdays to Sunday

To supplement the conditions offered in the application and to address police concerns, the following conditions were also agreed:

·  There shall be no person under the age of 18 on the premises after 22:00 hours.

·  Persons identified by West Yorkshire Police to the management shall be denied entry to the premises.

The Sub Committee noted that the hours of operation agreed between the applicant and WYP further reduced the hours of operation of the premises.

The hearing was attended by:

Mr J Nelson – applicant and Designated Premises Supervisor

Mr T Alston – observer

Ms N Ram – member of the public

Ms J Nicholson – member of the public

Ms B Keeble – member of the public

Mr Nelson, the applicant, explained the proposed style of operation of the premises as primarily a venue where  ...  view the full minutes text for item 6.

To consider a report of the Head of Elections, Licensing and Registration on an application for the grant of a premises licence for Papa Johns, 54 Austhorpe Road, Cross Gates, Leeds, LS15 8DX

The Sub Committee considered an application for the grant of a premises licence, made by Mr G Singh, for Papa John’s 54 Austhorpe Road, Cross Gates, Leeds, LS15 8DX. This would be the first premises licence for this address. In summary the application sought provision of Late Night Refreshment until 01:00 Sunday to Thursday and until 03:00 on Friday and Saturday.

Representations had been received from LCC Environmental Protection Team (EPT) and Planning Services in their capacity as responsible authorities along with 22 individual letters of objection which opposed the application on the grounds of all four licensing objectives.

The following attended the hearing:

Mr G Singh – the applicant; and Mr B Dhawan

Mr G Mann and Mr J Tootle – LCC EPT

Ms L Hart and Mr D Jones – LCC Planning Services

Professor E Judge and Mr Furness – members of the public

Not all members of the public who made a representation attended the hearing, the Sub Committee resolved to take their written representations into consideration and to proceed with the hearing in their absence.

Mr Singh addressed the Sub Committee, explaining that this premises was one of 15 Papa John’s franchises he owned, all of which opened until 03:00 or 05:00 hours. He stated that this premises would employ twelve staff in total. Signs were erected reminding customers to leave quietly and there was a litter-picking policy. CCTV was installed to protect against incidents of crime which recorded 24 hours per day, with the recordings held for 28 days which could be provided to West Yorkshire Police (WYP) on request.

Mr Dhawan explained that the purpose for the premise licence was to facilitate a pizza delivery service after 23:00 hours; the applicant did not necessarily envisage customers attending the shop in the early morning. He provided statistics stating that prior to 21:00 hours, 80% of sales were delivery based and that rose to 95% of sales after 23:00 hours. Additionally, the delivery drivers were requested not to slam car doors, rev engines or play music loudly whilst they were waiting to collect orders ready to deliver. Mr Dhawan also noted that the three Leeds Domino’s Pizza premises opened until 03:00hours and that this proposed Papa John’s premises would be located next to Livorno pizza shop.

Mr G Mann, LCC EPT, then addressed the Sub Committee commenting on the location of this Papa John’s, which had been open since February 2016, in an area of mixed commercial and residential use. Most of the nearby shops closed by 18:00 hours and some of these had residential flats above. In fact, the upper two floors of this premise had recently been the subject of a planning application for a House in Multiple Occupation/flats although this had now been withdrawn and the upper two floors were used for storage. Mr Mann explained concerns over the impact of late night use of the premise by patrons on existing and future residents, in terms of noise from vehicles, people talking and  ...  view the full minutes text for item 7.

To consider the report of the Head of Elections, Licensing and Registration on an application received to vary a premises licence held by Church (Formerly known as Halo & The Joint), 177 - 179 Woodhouse Lane, Woodhouse, Leeds, LS2 3JT.

This application was withdrawn from the agenda in it’s entirety by the applicant prior to the meeting.

To consider  a report of the Head of Elections, Licensing and Registration on an application for the Grant of a Premises Licence for Black Orchid, Second Floor and Third Floor, 64 Call Lane, Leeds, LS1 6DT

This application was withdrawn from the agenda in it’s entirety by the applicant prior to the meeting.

To consider the report of the Head of Elections, Licensing and Registration on an application for a Temporary Event Notice for Bramley Sports And Social Club Live Boxing Show At The Villagers Community Club, 340 Broad Lane, Bramley, Leeds, LS13 2HF.

The TEN applied for is for a Charity Boxing night and in summary the temporary event notice is for sale by retail of alcohol and provision of late night refreshment on  Friday 18th November 19:30 - 23:00 hours. The maximum capacity of the event is 450.

The Head of Elections, Licensing and Registration submitted a Late Item of business to the agenda – a report on an application for a Temporary Event Notice, The Villagers Community Club, 340 Broad Lane, Bramley, Leeds, LS13 2HF. In summary the TEN sought the sale of alcohol and provision of Late Night Refreshment on Friday 18th November 19:30 - 23:00 hours. The maximum capacity of the event is 450.

The Sub Committee accepted the item as the application related to a proposed event on 18th November 2016 and as West Yorkshire Police (WYP) had served an objection notice to the TEN on the grounds of crime and disorder, the Authority was required to determine the application as soon as possible.

Mr P Owen, the applicant and Designated Premises Supervisor attended the hearing accompanied by Mr A Taylor, the event manager. Ms C Sanderson of WYP also attended.

Mr Taylor addressed the Sub Committee explaining that £10,000 of sponsorship had already been secured for the proposed Charity Boxing night in aid of the Candlelighters children’s cancer charity. He added that there had been trouble at previous charity events. A world famous referee had been commissioned to referee this event.

Mr Owen then addressed the concerns expressed in the written representation submitted by WYP. He stated that the objection stemmed from a few previous boxing events which had attracted disorder amongst youths, although 18 similar events in total had been held. Mr Owen explained that the 18/11/16 event would be very different – this would be a charitable evening and would attract more mature attendees. The organisation and style of this event would be very different - the event is a ticketed only event, a large proportion of the ticket holders were known to the DPS; boxing would be just one of a number of entertainments on offer including a singer, a comedian and an auction of sporting memorabilia with an MC to compere the event. ProTech Security would provide 6 SIA registered doorstaff for the event. Mr Owen stated that he was confident that the 18/11/16 event would not attract disorder issues as most of the attendees belonged to the same friendship group and the boxing featured would be non-competitive.

Ms Sanderson then addressed the Sub Committee on behalf of WYP. She confirmed that the objection had been made due to the inclusion of boxing on the programme of the event and the history of disorder associated with boxing events at the premises. Ms Sanderson explained that a boxing club operated from the ground floor of the Community Club and events had been held there previously. In February 2014 a serious incident occurred after a boxing event and after the doorstaff had been sent home when patrons who had left the venue tried to re-gain entry. After an event in September 2015, a group of up to 100 people were fighting and blocking Broad Lane. Ms Sanderson noted that the venue attracted anti-social behaviour involving youths and due to the disorder  ...  view the full minutes text for item 10.