Agenda and minutes

Licensing Sub Committee (SEV's) - Friday, 22nd November, 2013 9.30 am

Venue: Civic Hall, Leeds

Contact: Helen Gray  247 4355

Items
No. Item

28.

Election of Chair

Minutes:

RESOLVED – Councillor G Hussain was elected Chair for the duration of the of the meeting

 

Present at the hearing were:

 

Wildcats

 

Mr P Whur – solicitor representing the applicant

Mr C Rees-Gay - observer

Mr P Gourlay – Designated premises Supervisor

Ms C Wilkinson – Assistant Manager

Ms M Gohlami – Deputy Manager

Mr T Sproxton – Deputy Manager

Mr J Anderson – Witness

Ms E Neuteboom – Witness

Mr R Etchells – Witness

 

 

Objectors/Public observers

 

Ms K Russell - SARSVAL

Ms S McNeill – SARSVAL

Mr B Smith - Objector

 

Mr M Makrinakis – observer

Mr N Quadrini-observer

Mr Q Kean – observer

 

 

 

29.

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:

The Sub Committee felt that the hearing should be held in the public domain and agreed that wherever possible, specific reference to the contents of the exempt information contained within Appendix B of the report should not be referred to, however if it became necessary, the public and press would be excluded from the meeting  as follows:

 

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 as contained in Appendix B of the report, referred to in Minute 32 in terms of the Licensing Procedure Rules and on the grounds that it is not in the public interest to disclose the contents as the information therein pertains to an individual and that person would not reasonably expect their personal information or discussions thereon to be in the public domain.

 

 

30.

Late Item

Minutes:

No formal late items of business were added to the agenda for the meeting, however a supplementary document relating to agenda item 5 – application in respect of Wildcats - had been supplied by the applicant and had been despatched to members prior to the hearing (Minute No.32 refers).

It was noted that Appendix H of the report of the Head of Licensing and Registration referred to the standard conditions of the previous Sex Establishment policy and for the avoidance of doubt, a replacement Appendix H which related to the Licensing of Sex Establishments Statement of Licensing Policy (“the Policy”) which came into effect on 1 September 2013 was circulated at the meeting

 

31.

Declarations of Disclosable Pecuniary Interests

Members are reminded to disclose or draw attention to any disclosable pecuniary interests at the start of the hearing on each application 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 pecuniary interests, however Councillor Hussain indicated that, now the members of public were present in the meeting room, he recognised one of the objectors as a former work colleague, but stated that he had not seen her for some time.

 

32.

Application for the Renewal of a Sex Establishment Licence for Wildcats, 149-155 the Headrow, Leeds, LS1 5RB pdf icon PDF 45 KB

To consider the report of the Head of Licensing and Registration on an application made under Section 2 and Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 for the renewal of a Sex Establishment Licence for the premises known as Wildcats, 149 -155 the Headrow, Leeds, LS1 5RB

 

Please note that Appendix B of the report is regarded as exempt from publication under the provisions of Access to Information Procedure Rule 10.4 (1, 2 & 3)

 

 

Additional documents:

Minutes:

The Licensing Sub Committee considered the report of the Head of Licensing and Registration on an application made under Section 2 and Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982 for the renewal of a Sex Establishment Licence. The application was made by Bean Leisure Trading A Limited, 153-155 The Headrow, Leeds LS1 5RB relating to the premises known as `Wildcats” located at 149-155 The Headrow, Leeds LS1 5RB.  The lower ground floor, ground floor and first floor were proposed to be covered under the provisions of the licence with hours of operation of 22:00 until 04:00 hours Sunday to Thursday and 22:00 until 05:00 hours Friday and Saturday.

 

The report on the application included the following documentation:

·  Dancers Welfare Policy

·  Dancers Code of Conduct

·  Customers Code of Conduct

·  Fines Policy

·  Pricing policy

·  Trade Union Details

 

Members also had access to an A3 city centre map showing the location of the premises. The Sub Committee also received A1 colour photographs displayed by the applicant at the hearing – which duplicated those included within the application documents - for ease of reference

 

Appendix B of the report was exempt from publication under Access to Information Procedure Rule 10.4 (1, 2 & 3), however the Sub Committee resolved not to specifically discuss the exempt information to allow the hearing to be held in public.

 

The application attracted a total of 26 objections and one e-mail of support. It was noted that the supplemental information submitted by the Applicant contained two letters of support and their own survey.

 

Members noted that not all of the objectors attended the hearing and therefore resolved to consider their written objections and proceed in their absence.

 

The Sub Committee said that the renewal application would be considered having regard to the revised Statement of Licensing Policy adopted by the  Council which came into force on 01 09 2013. The conditions within the revised Policy were contained in Appendix H. It was noted that the existing conditions for the current licence granted under the former policy were also included within the report

 

At the outset it was clarified that one of the members of the Sub Committee had been on the working group of the Licensing Committee in relation to the new Policy.

 

The members confirmed that they all came to deal with this application with an open mind.

 

The Legal Adviser, having outlined the procedure for the hearing, indicated that the Sub Committee sought clarity from the applicant’s presentation on the following issues:

·  How long the venue had traded as a lap dancing venue

·  Issues arising from any compliance visits

·  Clarity on whether any fining policy existed

·  The number of dancers and the number of customers attending the venue

 

Mr Whur made an application to increase the length of time for his submission on behalf of the applicant by another 15 minutes. The Sub Committee adjourned for a short while to consider this application and resolved to grant an extension of the time period  ...  view the full minutes text for item 32.