Agenda and minutes

Just prior to the hearing, noting that the third Member of the Sub Committee was not in attendance, the clerk made best endeavours to locate the Councillor or a trained substitute member at the request of the Sub Committee but was not successful. Members of the Sub Committee indicated their wish to proceed in a timely manner, accordingly the views of all parties present for the listed hearing were sought on whether to proceed with a Sub Committee of two members – the minimum required. All parties to the hearing for “Nisshan Convenience Store” indicated that they were happy to proceed (minute 7 refers)

RESOLVED – Councillor Dunn was elected as Chair for the hearing.

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.

No formal late items of business were added to the agenda.

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 interest.

To consider the report of the Head of Elections, Licensing and Registration on an application received from Kanthasmy Mayuran to vary a premises licence held by Nisshan Convenience Store 411 - 413 Harehills Lane, Harehills, Leeds, LS9 6AP.

The Head of Elections, Licensing and Registration submitted a report on an application made by Kanthasmy Mayuran, to vary the premises licence held at Nisshan Convenience Store 411 - 413 Harehills Lane, Harehills, Leeds, LS9 6AP. In brief, the application sought to vary the premises licence to allow the sale of alcohol 24 hours a day, seven days a week.

The application attracted representation from LCC Environmental Protection Team and one local resident. Prior to the hearing, agreements had been reached between the applicant and LCC EPT over measures suggested to address the licensing objectives and that representation had been withdrawn on the understanding that  the measures would be included within the operating schedule should the application be granted. The local resident did not attend the hearing and Members resolved to take their written representation into consideration and proceed in their absence.

The Sub Committee heard from Mr Tim Robson representing the applicant. Kanthasmy Mayuran (the Premises Licence Holder and applicant) and Rekha Mayuran (the Designated Premises Supervisor) also attended the hearing.

Mr Robson explained that the applicant operated two other premises – including the nearby Nisha store on Foundry Approach, LS9 which operated 24 hours a day without incident in a residential area. The applicant felt that the location of the Nisshan Convenience Store on Harehills Lane would be more appropriate to operate as 24 hours as this was a busy street. The applicant offered an undertaking to cease 24hour alcohol sales at the Nisha store if the application for the Nisshan Convenience Store was successful.

Mr Robson outlined his own experience as a former police officer, licensing officer for the police force, assessor for the All Bar None initiative and accredited training officer on licensing matters. He confirmed that he had undertaken a risk assessment at this premises and had drawn up the operating schedule, including measures which he felt to be appropriate. Acting on behalf of the applicant he had liaised with West Yorkshire Police (WYP) and LCC EPT. Mr Robson advised that WYP had no concerns relating to the other premises operated by the applicant. Mr Robson acknowledged that whilst there were concerns in the general area, they were not specific to the Nisshan Convenience store. Additionally, Mr Robson had trained the staff employed by the applicant. Mr Robson directed Members attention to the training material which he had submitted in support of the application.

Mr Robson also addressed concerns expressed in the representation received from the local resident regarding anti-social behaviour and people driving illegally along the pavement. The CCTV system installed at the premises incorporated 48 cameras, 6 of these covered the external area. The paved frontage of the premises was partially fenced and it would be difficult for cars to access that area. In response to questions, Mr Robson advised that;

·  All sales between the hours of 23.00 to 06.00 each day will be made through a hatch (for alcohol and/or foodstuffs)

·  The applicant will not employ door staff licensed by the Security  ...  view the full minutes text for item 7.