Agenda and minutes

Licensing Sub Committee (SEV's) - Monday, 11th June, 2012 10.00 am

Venue: Civic Hall, Leeds

Contact: Helen Gray  247 4355

Items
No. Item

1.

Election of the Chair

Minutes:

RESOLVED – That Councillor Armitage be elected Chair of the meeting

 

2.

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 5 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 therein pertains to an individual and that person would not reasonably expect their personal information or discussions thereon to be in the public domain.

 

3.

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 for the meeting

 

4.

Declarations of interest

Members are reminded to declare any interests at the start of the hearing on each application for the purpose of Section 81 (3) of the Local Government Act 2000 and paragraphs 8 to 12 of the Members Code of conduct

 

Minutes:

There were no declarations of interest

 

5.

"Liberte" - Application for the grant of a sex establishment licence for : Liberte, 10 York Place, Leeds LS1 2DS pdf icon PDF 41 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 grant of a sex establishment licence for premises known as Liberte of York Place, Leeds LS1, to be used as a sexual entertainment venue

 

PLEASE NOTE Appendix B of the report is exempt from publication under 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 (Schedule 3) of the Local Government (Miscellaneous Provisions) Act 1982 for the grant of a sex establishment licence. The application was made by TRL Promotions Limited, Suite 2, Chapel Allerton House, Harrogate Road, Leeds relating to the premises known as `Liberté’, York Place, Leeds. The basement and first floors are to be covered under the provisions of the licence with proposed hours of operation of 10:00 until 06:30 seven days per week.

 

Appendix B of the report was exempt from publication under Access to Information Procedure Rule 10.4 (1, 2 & 3), and Regulation 14 of the Licensing Act 2003 (Hearing Regulations 2005) 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 32 objections, including 4 from elected members and 1 from a member of parliament. A further objection was received from Councillor Rebecca Charlwood which was counter signed by a further 19 elected members, 8 members of parliament, 1 member of European parliament, and 4 leaders of religious groups. Four letters in support of the application had also been received.

 

Members noted that two of the objectors attended the hearing, but did not wish to speak. Members therefore resolved to consider the written objections contained within the documents before them and proceed in the absence of the objectors 

 

Present at the hearing were

For Liberté

Mr P Whur – solicitor for the applicant

Mr S Einarsson –

Ms M Haruta

Observers (7)

Mr H Nejad

Ms S Levine

Sgt R Fullilove

Ms K Sanderson

 

 

Mr Skeens

Mr D Marsh

Councillor R Charlwood

The Sub Committee heard from Mr Whur on behalf of the applicant who addressed the following points:

  • the licensed history of the premises and the application before the Sub Committee
  • the changes to licensing regime for such establishments and the work previously undertaken in Leeds to draw up the Statement of Licensing Policy
  • the implications of the Human Rights Act in terms of the determination of the application and the options available to Members
  • the management structure of the premises, opening hours, layout including use and monitoring of private booths, security in terms of door staff and CCTV system
  • the modest appearance and capacity of the premises
  • that the applicant accepted all standard conditions contained within the Statement of Licensing Policy and undertook that no vehicles would be employed in the business model as touting for business did not form part of the business plan for the premises

 

Mr Whur also addressed the written objections, commenting that many objections related to the principle of such establishments on moral grounds or were specific to other premises located elsewhere in the city. Mr Whur then dealt with concerns raised relating to the impact of this premises on residents and safety of women in the locality and the historical  ...  view the full minutes text for item 5.