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 378 5029 after the hearing.

Items
No. Item

1.

Election of the Chair

Minutes:

RESOLVED – Councillor B Selby was elected Chair 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 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:

RESOLVED – That the public be excluded from the meeting during consideration of that part of the agenda designated as 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 public were present there would be disclosure to them of exempt information so designated as follows:-

 

(a)  Appendices A and B of the report referred to in minute 7 both in terms of Regulation 14 of the Licensing Act 2003 (Hearing Regulations 2005) and the Licensing Procedure Rules, and on the grounds that it is not in the public interest to disclose the contents as the information relates to an individual and that person would not reasonably expect their personal information or discussions thereon to be in the public domain.

(b)  To note that the press and public will also be excluded from that part of the hearing where Members deliberate the application as it is in the public interest to allow the Members to have full and frank debate on the matter, as allowed under the provisions of the Licensing Procedure Rules

 

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, however in respect of Richmond Hill Shopping Mart, the applicant provided additional documentation on the day of the hearing (minute 8 refers) which included a petition and letters in support of the application.

 

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:

No declarations were made.

 

6.

Certification of Film - "Asphyxia pdf icon PDF 132 KB

To consider the report of the Head of Elections, Licensing and Registration on an application for the certification of a film to be shown at the Vue Cinema, 22 The Light, The Headrow, Leeds LS1 8TL. The screening of “Asphyxia” will be on the 31 January 2018 for 1 day only.

 

Additional documents:

Minutes:

The report of the Head of Elections, Licensing and Registration advised the Sub-Committee of an application for the certification of a film entitled “Asphyxia” proposed to be shown at The Vue cinema, The Light, The Headrow, Leeds LS1 on 31st January 2018 for one day only.

 

The report outlined the Licensing Authority’s duty under Section 20 of the Licensing Act 2003 (“the Act”) for the certification of films that do not currently have a BBFC (British Board of Film Classification) certification. The BBFC certificate categories were listed at paragraph 2.2 of the submitted report.

 

Members were provided with a brief synopsis of the film and a recommended category in line with the BBFC classifications at Appendix A of the submitted report. Members also received a link to view the film. The Principal Licensing Officer informed the Sub Committee that Cardiff Licensing Authority had recently granted the film a 12A certificate.

 

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

RESOLVED – That the film entitled “Asphyxia” be categorised as 12A.

 

7.

Personal Licence - Application for the grant of a personal licence for S J Ahmed pdf icon PDF 102 KB

To consider the report of the Head of Elections, Licensing and Registration on an application made under section 117(1)(a) of the Licensing Act 2003 for a Personal Licence in respect of Syed Jaber Ahmed. Members are required to consider this application due to the receipt to representations.

 

Please note that Appendix 1 and Appendix 2 of the report are regarded as exempt from publication under the provisions of Council Procedure rule 10.4 (1 & 2)

 

Additional documents:

Minutes:

The Head of Elections, Licensing and Registration submitted a report on an application made under Section 117(1)(a) of the Licensing Act 2003 for the grant of a Personal Licence for Mr S J Ahmed. The Sub-Committee was required to consider the application due to the receipt of a representation from West Yorkshire Police (WYP).

 

The following were present at the Hearing:-

Syed J Ahmed – The Applicant; and Ms Begum

Mr B Patterson and Sergeant M Maynard – WYP

 

The Sub-Committee, having regard to the Licensing Act 2003, the Section 182 Guidance and the Authority’s own Statement of Licensing Policy; had read the application and representations prior to the hearing. The Chair informed all present that the Sub Committee did not feel that sufficient information had been supplied in the representation for Members to determine the application at this hearing.

 

In response, WYP highlighted the implications of the progressing Data Protection Bill and the General Data Protection Regulations (due to be implemented in May 2018) on the ability of WYP to provide full disclosure.

 

The Chair provided direction on the information to be provided to a future hearing. As a result the Sub Committee

RESOLVED – That the application be adjourned until 6th February 2018.

 

8.

Richmond Hill Shopping Mart - Application for the grant of a Premises Licence for Richmond Hill Shopping Mart. 9a Upper Accommodation Road, Cross Green, Leeds, LS9 8RZ. pdf icon PDF 103 KB

To consider the report of the Head of Elections, Licensing and Registration on an application for the grant of a premises licence for Richmond Hill Shopping Mart. 9a Upper Accommodation Road, Cross Green, Leeds, LS9 8RZ.

 

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 for the premises known as ‘Richmond Hill Shopping Mart’, 9A Upper Accommodation Road, Leeds LS9. The application was for the sale by retail of alcohol for consumption off the premises as follows:

Monday to Thursday  07:40 until 23:00

Friday  07:40 until 23:59

Saturday  10:30 until 23:00

Sunday  11:00 until 16:30

 

A representation had been received from West Yorkshire Police; however agreements had been reached with the applicant prior to the hearing. As such, the premises operating schedule had been amended to include the agreed measures as set out in Appendix C of the submitted report.

 

Representations had also been received from members of the public – a petition of approximately 90 signatures and 23 individual representations, including one from local ward Councillor A Khan.

 

Mrs Tereza Yousef the applicant attended the hearing with her husband Mr Yohannes Mehrteab. Also in attendance were Ms E Foster who had created the petition and Ms R Cawley – a signatory of the petition, along with 5 other petition signatories. Dr Srivastava; Ms W Thompson; Ms E Thompson and Councillor A Khan who had all written individual representations were also in attendance, accompanied by 4 other members of the public to observe the hearing. Not all of the members of the public who had submitted a representation attended the hearing, the Sub Committee therefore resolved to take their written representation into consideration and proceed with the hearing.

 

Just prior to the hearing, the applicant produced 3 individual letters of representation and a petition which included approximately 206 signatures in support of the application. This documentation was taken into consideration by the Sub Committee, with the agreement of all present. Additional pages from the petition objecting to the application were also supplied to the hearing as these had been omitted from the papers.

 

Mr Y Mehrteab addressed the Sub Committee and read a statement on behalf of his wife – the applicant. This explained that they already operated the premises as a small supermarket, providing products for the local Eritrean community. Some of their customers had asked to purchase alcohol and this was the reason for the application being made.

 

Mr Mehrteab explained that the petition and letters of objection had been started by Mr Sandaal, who operated ‘Sandaal News’ at 19A Upper Accommodation Road which did sell alcohol. He felt that this objection was not based on the licensing objectives but on Mr Sandaal’s wish to retain a monopoly over alcohol sales in the area.

 

Responding to concerns expressed in the written submissions about a possible increase of crime & disorder and anti-social behaviour should this application be granted; Mr Mehrteab noted that although Sandaal News had operated in the area since November 2005, WYP had not identified an increase alcohol related incidents; and had not indicated that the grant of this application would lead to an increase in crime. Mr  ...  view the full minutes text for item 8.