Agenda and minutes

Venue: Civic Hall, Leeds

Contact: Governance Services  Copies of the full report with appendices are available on request from the clerk. For details of the new premises licence please contact Entertainment Licensing on 0113 2474095 after the hearing.

Items
No. Item

227.

Election of the Chair

Minutes:

RESOLVED – Councillor Gettings was elected Chair for the duration of the hearing.

228.

Appeals Against Refusal of Inspection of Documents

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)

 

Minutes:

There were no appeals against the refusal of inspection of documents.

229.

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:

Item 6 Appendix D of the report was identified as containing exempt information.

 

RESOLVED- That members of the public be excluded from the hearing in relation to exempt information.

230.

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:

There were no late items on the agenda. However, there was a supplementary information pack that was published and circulated to all parties prior to the hearing.

231.

Declarations of Disclosable Pecuniary Interests

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.

 

Minutes:

There were no declarations of disclosable pecuniary interests.

232.

Review of the Premises Licence for The Angel, High Street, Wetherby, LS22 6LT pdf icon PDF 45 KB

The report of the Head of Licensing and Registration informs Members of an application for the review of a Premises Licence under Section 51 of the Licensing Act 2003, sought by West Yorkshire Police in respect of The

Angel, High Street, Wetherby, LS22 6LT. The licensing authority is now under a duty to review the premises licence held by these premises.

Additional documents:

Minutes:

Members of the Licensing Sub Committee considered an application for a review of the Premises Licence for The Angel, High Street, Wetherby, LS22 6LT. The application was submitted by West Yorkshire Police under, three of the licensing objectives:

·  Prevention of crime and disorder;

·  The prevention of public nuisance; and

·  The protection of children from harm.

 

Ms Checka-Dover, Barrister for West Yorkshire Police (WYP) outlined the issues in relation to the review application as;

-  Operating outside of premises licensable hours

-  Use of the upstairs of the premises

-  Assaults on or within the vicinity of the premises

-  Non availability of CCTV when requested

-   Lack of door staff as set out in licence

 

PC Lynn Dobson informed the Members that in April 2010 the Premises Licence Holder (PLH) applied for a variation to the licence for the upstairs of the premises to be used as a function/conference facility during the day and as an overspill bar in the evening. The extension in hours was granted in part and numerous conditions attached to the licence. Members were told that the upstairs was now used as a bar every day of the week.

 

Members’ attention was drawn to page 97 which highlighted a visit to the premises to view CCTV footage. Mr Del Buono had been given notice of the visit but would not let the officers view the CCTV without speaking to his solicitor. After officers had been permitted to view the CCTV and were walking to the office Mr Del Buono shrugged his shoulders and said ‘it is only half an hour’ Mr Del Buono was informed that he was operating beyond his licensable hours.

 

The Barrister for WYP then brought the issue of a Temporary Event Notice (TEN) to the attention of the Members. Evidence submitted by Mr Del Buono had included the application of a TEN which was to cover the weekends during December 2013. Members had noted that the application carried no signature and asked for clarification of the TEN application electronic process. The Licensing Officer explained the electronic process for TEN applications and informed the Members that no application had been submitted to the Licensing Team as the email address had been spelt wrongly therefore no TEN had been granted for the Christmas period.

 

Inspector Dwyer informed the Members that the Angel had become a focus of his attention due to the criminal issues in relation to the upstairs of the premises. He told the Sub-Committee that the upstairs of the Angel was difficult to access as the only means of getting to the upstairs was via a domestic staircase inside the premises. From the police point of view the upstairs could not be monitored. The Inspector explained the need for and availability of CCTV evidence when investigating incidents at licensed premises.

 

A chronology of disturbances in and around the vicinity of the Angel was read out with a number of dates and incidents highlighted.

 

The Licensing Sub-Committee viewed CCTV footage and stills  ...  view the full minutes text for item 232.