Agenda and minutes

RESOLVED – That Councillor Armitage be elected Chair of the meeting

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 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 30 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.

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)

No formal late items of business were added to the agenda however West Yorkshire Police had submitted additional evidence, in the form of CCTV footage filmed at the premises, in support of their written submission. This was made available at the hearing.

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.

There were no declarations of interest

To consider a 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 (the Act) for the grant of a sex establishment licence to premises known as Black Diamond Club, 68 New Briggate, Leeds 1, to be used as a sexual entertainment venue.

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 Mr Razwan Ali for the premises known as `Black Diamond Club”, 68 New Briggate, Leeds LS1 6NU. The 2^nd floor of the premises is to be covered under the provisions of the licence with the proposed hours of operation being 11:00 until 09:00 hours 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. Additionally, the contents of the DVD showing the CCTV footage were also regarded as exempt and members of the public would be excluded from that part of the hearing where the DVD was viewed by the Sub Committee.

The application had attracted a total of 33 objections, including 4 from elected members plus one from a member of parliament. A further objection was received from Councillor R Charlwood which had been countersigned by 19 elected members, 8 members of parliament, 1 member of the European Parliament and 4 leaders of religious groups. West Yorkshire Police had also made a submission. 4 letters of support were also submitted. Not all of the objectors attended the hearing and the Sub Committee resolved to consider their written submissions in their absence and proceed with the hearing.

Present at the hearing were

The Sub Committee firstly dealt with the DVD evidence and viewed this in private and commented on the behaviour of dancers and customers in the bar area of the venue – which is outside the performance area.

The Sub Committee heard from Sergeant Fullilove on behalf of West Yorkshire Police who outlined the findings of police enforcement visits to the premises between August 2012 and May 2012 and expressed concern over the management policies and procedures in operation at the premises.

Members then considered the representation made by Mr Whur regarding the submission of evidence relating to events in 2010 before his client took over the management of the premises, and agreed that this part of the submission should be discounted. Mr Whur also highlighted the fact that he had not been able to prepare a response to the issues now highlighted by West Yorkshire Police as this evidence had only been made available at the hearing. As such the hearing was adjourned for a short while to afford the applicant time to consult with Mr Whur.

On re-commencement in  ...  view the full minutes text for item 30.