Agenda and minutes

RESOLVED – Councillor B Selby was elected Chair for the duration 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 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.

On this occasion there were no exempt items.

There were no formal late items. However, there was supplementary information in relation to Agenda Item 7 Application for the grant of a premises licence for restaurant /café at 5 Briggate, Leeds, LS1 3LZ.

1.  Submissions by the Licensing Authority in respect of the submissions made by the applicant of a premises for 5 Briggate with regards to the Leeds City Council Statement of Licensing Policy

2.  Crime Statistics provided by the West Yorkshire Police

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.

No declarations of disclosable pecuniary interests were made.

To consider the 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 Mr Jean Bruno Kidiadi, for Chez Bisoo Bar & Restaurant 143 Harehills Road, Harehills, Leeds, LS8 5BW.

(Report attached)

The report of the Head of Elections, Licensing and Registration was for an application for the grant of a premises licence, made by Mr Jean Bruno Kidiadi, for Chez Bisoo Bar and Restaurant, 143 Harehills Road, Harehills, Leeds, LS8 5BW.

Mr Jean Bruno Kidiadi and his business partner Mr Emeka Susakani were present at the hearing. They requested an adjournment as they had not been fully aware of the legislation in this country when applying for a premises licence.

Mr Kidiadi explained that the premises at 143 Harehills Road had been a restaurant business previously. However, he had now been made aware that proper permissions from the Planning Department had not been received prior to him taking over the premises.

Mr Kidiadi said that he was now receiving guidance on planning applications from the Planning Department and had submitted a planning application on 5^th December 2017.

The Police who were also at the hearing said that they had no objections to the adjournment.

Members proposed a date for reconvening the hearing to be Tuesday 13^th March 2018. This was agreeable to all parties.

The Chair suggested that it might be advisable for Mr Kidiadi to employ the services of a solicitor.

RESOLVED – To adjourn the hearing until Tuesday 13^th March 2018.

To consider the 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 Mr Mahboob Hussain, for Restaurant/Café, 5 Briggate, Leeds, LS1 3LZ

(Report attached)

Further to minute 4 of the meeting held on 10^th October 2017, this was the reconvening of a hearing which had been adjourned to consider the comments of the applicant’s representative which had challenged certain aspects of the Council’s Statement of Licensing Policy.

The report of the Head of Elections, Licensing and Registration advised Members of an application made under section 17 of the Licencing Act 2003 (“The Act”) for a new premises licence in respect of Restaurant / Café at 5 Briggate, Leeds, LS1 3LZ.

Members informed the Sub- Committee and the parties and their representatives of their knowledge in relation to City Centre Area of the Cumulative Impact Policy (CIP).

·  Cllr. Selby, Chair explained that he had visited the city centre as part of a scheduled walk around the Red Zones of the City Centre CIP areas on 6^th October between 10:30pm and 02:00am.  He also said that he had previously undertaken this scheduled walk around the City Centre CIP areas in August 2016.

·  Cllr. Flynn said that he also had undertaken visits to the City Centre CIP areas.

·  Cllr. Garthwaite said that she was familiar with the CIP areas of the city centre, eating out in the city centre and whilst walking to the taxi rank had witnessed fights.

It attendance at the hearing were:

Officers from West Yorkshire Police with Mr Thorn from Counsel

Officers from Licensing Entertainment

Mr Mahoob Hussain – Applicant

Mr Vaseem Ahmed – Applicants nephew

Mr Leo Charalambides – Applicants Barrister

Officers from Environmental Protection Team

It was noted that the meeting of the 10^th October had been adjourned to allow consideration of Mr Charalambides’ challenges to the Licensing Statement of Policy and provide a submission with regards to the Licensing Statement of Policy as set out in the submitted supplementary information.

 The following appendices were listed as set out in the submitted report:

·  Appendix 1 – Operating Schedule;

·  Appendix 2 – copy of the decision letter from 10^th October 2017 meeting;

·  Appendix 3 – submissions by the applicant;

·  Appendix 4 – Responses to the applicant’s submission from Environmental Protection Team;

·  Appendix 5 – Responses to the applicant’s submission from Entertainment Licensing; and

·  Appendix 6 – Responses to the applicant’s submission from West Yorkshire Police.

Mr Charalambides in responding was of the view that the submissions from Entertainment Licensing were candid and thorough in their responses to the submissions he had made. He said that the officer had ‘weaved gold’ through the process using 50 paragraphs to explain how the CIP worked.

Mr Charalambides said he was confused as the CIP said that there was two CIP areas within the city centre, however there was only one CIP.

Mr Charalambides said that he still had concerns that the CIP was not consistent in its approach and therefore it would be dangerous to reply on it. He requested that the CIP was not given weight and for Members to look at the circumstances of this application.

Mr  ...  view the full minutes text for item 7.