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.

Items
No. Item

1.

Election of the Chair

Minutes:

Cllr. Hyde was elected as Chair for the duration of 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 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:

There were no exempt items.

 

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:

There were no late items.

 

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 interests. However, Cllr. Coulson did declare that in relation to Item 9 Application for the grant of a premises licence for former Elinor Lupton Centre JD Wetherspoon PLC, Headingley Lane, Headingley, Leeds, LS6 1BX he had sat on the South and West Plans Panel when the former Elinor Lupton Centre had been heard at the Panel. He said that he would approach the application with an open mind.

 

6.

Application for the grant of a premises licence for Chickanos 166 Roundhay Road, Leeds, LS8 5PL pdf icon PDF 104 KB

 To receive the report of the Head of Elections, Licensing and Registration on an application for the grant of a premises licence, made by Platnam Foods Ltd, for Chickanos 166 Roundhay Road, Leeds, LS8 5PL.

 

(Report attached)

Additional documents:

Minutes:

The Head of Elections, Licensing and Registration submitted a report for the application for the grant of a premises licence for Chickanos, 166 Roundhay Road, Leeds, LS8 5PL.

 

The application was for a late night refreshment licence Thursday, Friday and Saturday between 23:00 – 02:00.

 

Representations had been received from Environmental Protection Team in their capacity as a responsible authority. A Copy of the representation was attached at Appendix C of the submitted report.

 

The licensing authority was also in receipt of one individual letter of objection, which was opposed to this application on the grounds of public nuisance.

 

In attendance at the hearing were Mr Sajad Hussain and Mr Mohammed L’Aker of Platnam Foods Ltd.

 

The applicant presented letters and emails from people supporting the application which were accepted by all parties at the hearing.

 

Mr Hussain informed the Members that he had a number of businesses around Yorkshire including Batley, Bradford and Dewsbury, however this was to be his first franchise in Leeds.

 

He went on to say that Adam Fast Food Supplies employed around 250 people with 12 members of staff employed at Chickanos on Roundhay Road. Where possible they employed people from the local area.

 

He said that Chickanos provided a range of foods including a range of healthy options for those who wanted the choice.

 

Mr Hussain informed the Members that many of the businesses around the area traded late including the business next door Shahjahan until 04:00am.

 

Mr Hussain went on to inform the Licensing Sub Committee that the pharmacy next door and the restaurant nearby were in support of Chickanos as since they had started trading the anti-social behaviour in the area had decreased and they had put investment into the area. He said that Chickanos were working with the local authority to keep the area clean by putting up signs and providing bins which had seen a reduction in the litter around the area. He also said that regular audits were conducted to ensure that both inside and outside of the premises were kept clean and tidy.

 

Mr Hussain said that he was hoping to become a national outlet. He explained that the outlet worked within the guidelines set out by the British Franchise Association (BFA). He said that a policy had been drawn up with BFA to check the area around the premises and that on the first visit they had received a 4 star rating.

 

He informed Members that the premises had been working till 02:00am on a Thursday, Friday and Saturday using the Temporary Event Notice (TEN’s).

 

Mr Hussain informed Members that the ventilation unit was of a high specification and that they had received no complaints about the noise of the ventilation unit.

 

In response to a question from Members on the premises opening beyond the time specified in the licence, Mr Hussain said that some managers had invested their own money in the franchise operation and wanted to make the business a success. However, he said  ...  view the full minutes text for item 6.

7.

Application to Vary a Premises Licence held by Editor's Draught, 88 Wellington Street, Leeds, LS1 4LT pdf icon PDF 36 KB

 To consider the report of the head of Elections, Licensing and Registration on an application to vary a premises licence, held by Stonegate Pub Company Limited in respect of Editor's Draught, 88 Wellington Street, Leeds, LS1 4LT.

 

(Report attached)

Additional documents:

Minutes:

This application had been withdrawn prior to the meeting as agreement had been reached with all parties.

 

8.

Application for the grant of a premises licence for Papa Johns 2 The Becketts, 605 Meanwood Road, Meanwood, Leeds, LS6 4AY pdf icon PDF 101 KB

To consider the report of the Head of Elections, Licensing and Registration on an application for the grant of a premises licence, made by Mr Gurnek Singh, for Papa Johns, 2 The Becketts, 605 Meanwood Road, Meanwood, Leeds, LS6 4AY

 

(Report attached)

Additional documents:

Minutes:

The Head of Elections, Licensing and Registration submitted a report for an application for the grant of a premises licence for Papa Johns, 2 The Becketts, 605 Meanwood Road, Meanwood, Leeds, LS6 4AY.

 

The application was made by Mr Gurnek Singh for a late night refreshment licence between 23:00 and 01:00 Sunday to Thursday and 23:00 and 03:00 Friday and Saturday.

 

The application had received a representation from Environmental Health Team as a responsible authority and the Licensing Authority were also in receipt of letters from Ward Councillors and residents.

 

Mr Singh was in attendance at the hearing along with Mr Dhawan of the Papa John Management Team.

 

Mr Singh informed Members that Papa John’s had a number of takeaways some of which opened until 04:30am or 05:30am. 

 

He told the Sub-Committee that he employed full and part-time staff from the area. He said that staff did litter pick around the premises and that it was the policy of Papa John’s to have a notice in the customer area asking customers to leave the premises quietly.

 

Mr Singh informed Members that there had been planning issues with the previous owner. However, he had only taken over the premises three months previously.

 

Members heard from the Environmental Health Officer in attendance at the hearing that there were residential flats nearby and above the premises known as The Becketts.

 

The Officer informed the Sub-Committee that there were other licensed premises in the area namely Zucco and East of Arcadia who had licences until midnight Monday to Saturday and to 10:30pm (midnight in the case of East of Arcadia) on Sunday.

 

The Officer listed the issues for concern should the premises be given a late night refreshment licence as:

·  Noise from customers arriving by car or taxi

·  Eating outside the premises as there was no seating

·  Noise of car stereos

·  Lack of parking

·  Noise of people from outside the area

 

The Officer explained that there was no enforcement action could be taken for noise on the surrounding streets action could only be taken in respect of the curtilage of the premises.

 

He said that the noise of the extraction fan would be heightened in the early hours of the morning and would be exacerbated still more during warm periods of weather in the summertime when residents would need to open windows. He also was of the view that should the late refreshment licence be given then more requests would be received from other premises in the area.

 

Cllr. Susan Bentley a ward councillor for the area attended the hearing and informed the Members that the Ward Councillors could not give their support to the application for the following reasons:

·  The site of the premises is located on a particularly difficult junction where there are shunts on a regular basis

·  There is limited parking in the area

·  Double yellow lines have been painted outside the premises to prevent parking on the junction

·  The area is made up of mixed uses with  ...  view the full minutes text for item 8.

9.

Application for the grant of a premises licence for Former Elinor Lupton Centre JD Wetherspoon Plc, Headingley Lane, Headingley, Leeds, LS6 1BX pdf icon PDF 114 KB

 To receive the report of the Head of Elections, Licensing and Registration on an application for the grant of a premises licence, made by JD Wetherspoon Plc, for Former Elinor Lupton Centre JD Wetherspoon Plc, Headingley Lane, Headingley, Leeds, LS6 1BX.

 

(Report attached)

Additional documents:

Minutes:

The Head of Elections, Licensing and Registration submitted a report for the application for the grant of a premises licence for Former Elinor Lupton Centre JD Wetherspoon Plc, Headingley Lane, Headingley, Leeds. LS6 1BX.

 

This was the first application for a premises licence for these premises and the application was for the sale of alcohol for consumption both on and off the premises between 09:00 to 22:30 Sunday to Thursday and 09:00 to 23:00  Friday and Saturday. No non-standard timings had been requested for bank holidays or special occasions.

 

The application had attracted representations from Leeds City Council’s Health and Safety Department in their capacity as a responsible authority as attached at appendix C of the submitted report.

 

Representation had also been received from Leeds City Council’s Environmental Protection Team in their capacity as a responsible authority which was attached at appendix D of the submitted report.

 

Members noted that both representations from the responsible authorities had been withdrawn prior to the hearing having agreed measures with JD Wetherspoons Plc. These had been emailed to objectors and copies were available at the hearing.

 

The Licensing Authority was in receipt of 29 individual letters of objection and a letter from the three ward councillors, all of which opposed this application on the grounds of crime and disorder, public nuisance, public safety and the protection of children from harm.

 

Members were advised that the premises were located within the cumulative impact area for Area 2. Members were directed to paragraphs 7.51 to 7.54 of the Statement of Licensing Policy which provides examples of how an application may be considered exceptional and the matters that the council would not normally take into consideration. Details of the cumulative impact policy specific to Area 2 and an outline of the evidence behind the reason for setting this policy was attached at appendix F of the submitted report.

 

Nigel Connor, Graham McCafferty and Alistair Broom of JD Wetherspoons Plc were at the hearing. Mr Connor informed the Sub-Committee that they had spoken with West Yorkshire Police (WYP) with regards to crime and disorder and the suggested measures would be incorporated in to the licence. Mr Connor said that he had also spoken with Ward Councillor Pryor.

 

Members were informed that it was the intention for the premises to open at 08:00am to serve breakfasts they were not asking for late licence only till 23:00 with 30 minutes drinking up time.

 

The Sub-Committee were informed that JD Wetherspoons had 932 premises in the UK with five premises located within Leeds City Centre and also a number of premises in the suburbs including Pudsey, Bramley and Chapel Allerton. Mr Connor explained that JD Wetherspoons had a broad range of customers with no specific customer base specialising in real ales.

 

Members noted that the site is on the former Leeds Girls High School site and had been the music centre. The site was on a main thoroughfare into the city.It had fallen into disrepair and would require a significant  ...  view the full minutes text for item 9.