Agenda and minutes

RESOLVED – Councillor Hyde was elected as 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 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.

One formal late item of business was added to the agenda with the agreement of Members; namely the application for Certification of Films proposed to be shown during the Young People’s Film Festival. The request for the item to be considered at this meeting was made to allow time for printing of pre-publication material to advertise the Festival. Members had received a copy of the report and associated schedule of films prior to the hearing and the documents had been made available on line (minute 9 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 the report of the Head of Elections, Licensing and Registration for an application for the grant of a premises licence, made by Mr Mohammed Abbas, for Torino Pizza 52 Westgate, Otley, LS21 3AS.

(Report attached)

The Head of Elections, Licensing and Registration submitted a report on an application for the grant of a premises licence made by Mr Mohammed Abbas, for Torino Pizza, 52 Westgate, Otley, LS21 3AS. The application was for provision of Late Night Refreshment every day from 23:00 until 01:00 hours. The report highlighted that there was an open enforcement complaint relating to the premises due to the applicant operating beyond 23:00 hours without a premise licence for late night refreshment.

The application had received representations from LCC Environmental Protection Team (LCC EPT); a local ward councillor and four individual letters of objection which opposed the application on the grounds of public nuisance. It was noted that the applicant had agreed to the measures proposed by LCC EPT; and that representation had been withdrawn subject to the agreed measures being included within the operating schedule should this application be granted. The agreements effectively reduced the opening hours so that the premises would close at midnight (Sunday to Thursday) and at 00:30 hours on Friday and Saturday.

Mr Abbas did not attend the hearing. The Sub Committee resolved to proceed in his absence and take his written application into consideration.

None of the members of the public who had made a representation attended the hearing. The Sub Committee resolved to consider their written representations and proceed in their absence.

The Sub Committee heard from Councillor C Campbell, local ward member for the Otley & Yeadon ward who described the premises as being in a sensitive area, surrounded by residential properties. He explained that the current operation of the premises was having an impact on the area, and residents had approached him about noise and smells emanating from Torino’s kitchen. He also had concerns about noise generated by customers visiting the premises late at night, and from cars parking outside the premises.

Councillor Campbell referred to the ongoing enforcement action and explained that, additionally, LCC EPT were pursuing a case against the applicant who did not hold the relevant waste licence. Furthermore, the applicant was dumping waste and storing a bin on LCC land without permission. The applicant had been served with a Fixed Penalty Notice for littering in respect of this last issue. Councillor Campbell stated that both LCC Departments had tried to engage with the applicant, but that all mail and registered post had been returned. He therefore queried whether this applicant would adhere to the agreements reached with LCC EPT over noise, litter and opening hours when the applicant was in dispute with LCC over other matters.

Councillor Campbell then responded to questions from the Sub Committee:

-  The premises had traded as a food outlet for some time, with different branding

-  Local residents were unlikely to be content with the premises opening past 23:00 hours. Councillor Campbell referred to the opening hours of other premises in Otley (included at Appendix E of the report)

-  He had witnessed the premises operating past midnight on several occasions when he had driven  ...  view the full minutes text for item 6.

To consider the report of Head of Elections, Licensing and Registration for an application for the grant of a premises licence made by In The Pink Limited for

Space to Eat, 7 Hirst's Yard, Duncan Street, Leeds, LS1 6DL.

(Report attached)

The Head of Elections, Licensing and Registration submitted a report on an application for the grant of a time limited premises licence made grant of a premises licence made by In The Pink Limited for ‘Space to Eat’, 7 Hirst's Yard, Duncan Street, Leeds, LS1 6DL. The application was made with a view to the premises operating as a takeaway with the sole provision of late night refreshment. The premises lay within the ‘Red Zone’ of the Leeds City Centre Cumulative Impact Policy (CIP) Area.

The application attracted representations from West Yorkshire Police and the Licensing Authority. LCC Environmental Protection Team (LCC EPT) had suggested measures to promote the prevention of public nuisance licensing objective in their representation and these measures had been agreed by the applicant prior to the hearing. That representation had subsequently been withdrawn on the understanding that the measures would be incorporated into the premises’ operating schedule should this application be granted.

The following attended the hearing:

Mr Whur tabled additional documents for Members reference including an A3 copy of the plan which accompanied the application; artists impressions of the premises and photographs of Hirst’s Yard. These had already been supplied to West Yorkshire Police (WYP) and the Licensing Authority (LA).

Mr Whur stated that the applicants – who had operated The Space nightclub at 11 Hirst’s Yard, Leeds for some time - had held pre-application meetings with WYP and the LA to discuss the application. In an effort to create additional space within the club without increasing capacity, the venue and building had been modernised. The applicant was aware that the premises lay within the CIP red zone, and that the area was difficult and not improving and was trying to lead other operators in the area to improve the area.

Mr Whur described the particular challenges of Hirst’s Yard – it being a ginnel, with a triangular point where the yard widened. Here, patrons of several venues operating from the Yard congregated, or moved between venues. This area was also known to attract drug dealers who targetted the younger clientele. The ginnel was difficult to police as there were three access points, it was not covered by Leedswatch CCTV and it was poorly lit.

The application was made with the aim of changing the use of the Yard and driving out the criminal element. The applicant wished to create a hot food take-away which would serve patrons from a hatch; this would not generate significant revenue, but would bring positive use of the Yard. To facilitate this change, Digital CCTV had been installed, along with outdoor lighting to the whole length of the ginnel. At least one door supervisor would be on duty whilst the premise was operating, with a radio link to other members of  ...  view the full minutes text for item 7.

To consider the report of the Head of Elections, Licensing and Registration for an application for the grant of a premises licence, made by Grace And Tailor, for 16 Globe Road. Holbeck, Leeds, LS11 5QG.

(Report attached)

This application was withdrawn from the agenda prior to the meeting as the applicants and all interested parties had reached agreements on measures suggested in order to promote the licensing objectives of the city. The Premise Licence will therefore be issued by the Licensing Officer in accordance with the agreed conditions.

To consider the report of the Head of Elections, Licensing and Registration on an application for the certification of films, proposed to be shown at the Leeds Young Film Festival which will run between the 10th and 20th April 2017.

The report of the Head of Elections. Licensing and Registration set out details of an application for the certification of films proposed to be shown during the Leeds Young Film Festival scheduled for 10^th to 20^th April 2017.

The application was made as films that had not been previously certified by the British Board of Film Classification (BBFC) required certification before showing.  A list of the films to be shown was detailed in appendix A to the report with a brief synopsis and the proposed certification.

Martin Grund, Leeds Young Film Festival, and Alex King, Leeds International Film Festival, attended the hearing and provided the Sub-Committee with an overview of the Festival and responded to Members queries in respect of the context and subject matter of some of the films. The film festival was aimed towards children and families and would be held at locations across the city.

The Licensing Sub Committee considered the certification of the films as attached at appendix A of the submitted report.

RESOLVED – Thatthe films be categorised as recommended in Appendix A of the submitted report.