Agenda and minutes

Venue: Civic Hall, Leeds

Contact: Governance Services  2243836

Items
No. Item

18.

Chair's Opening Remarks

Minutes:

The Chair welcomed Councillor Flynn to his first meeting of the Licensing Committee

19.

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 the inspection of documents

20.

Exempt Information - Possible Exclusion of the Press and Public

1  To highlight reports or appendices which 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.

 

2  To consider whether or not to accept the officers recommendation in respect of the above information.

 

3  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

 

Minutes:

There were no items identified where it was considered necessary to exclude the press or public from the meeting due to the confidential nature of the business to be considered.

21.

Late Items

To identify items which have been admitted to the agenda by the Chair for consideration

 

(The special circumstances shall be specified in the minutes)

 

Minutes:

There were no late items

22.

Declaration 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

23.

Apologies for Absence

To receive apologies for absence (If any)

Minutes:

Apologies for absence were received from Councillors: Gettings, Hanley, Harland, Ingham, Khan and Wilkinson

24.

Minutes of the Previous Meeting pdf icon PDF 79 KB

To approve the minutes of the previous meeting held on 10th June 2014

 

(Copy attached)

Minutes:

That the minutes of the previous meeting held on 10th June 2014 were submitted for accuracy and approval.

 

In offering comment Councillor Buckley said he had made representations on the HCP Appropriate Suitability Assessment but they did not appear within the minutes. Councillor Hussain made a similar comment in respect of the same item.

 

RESOLVED – That, subject to the inclusion of Councillor Buckley’s and Councillor Hussain comments. The minutes of the meeting held on 10th June 2014 be accepted as a true and correct record.

25.

Matters Arising from the Minutes

To consider any mattes arising from the minutes

Minutes:

Shisha Smoking and Smoke Free Legislation – Update Report (Minute 130 refers) Councillor Hussain asked which multi agency partners had been invited to attend.

 

In responding John Mulcahy, Head of Licensing and Registration said a response had been provided but suggested the information would be sent again

 

 

26.

Leeds City Centre Business Improvement District Update pdf icon PDF 196 KB

To consider the report of the Director of City Development which provides an update on the progress being made towards the establishment of a Leeds City Centre Business Improvement District. This follows the completion of a detailed feasibility study in February 2014, the private sector supported by the Council has now embarked on the second phase of the programme which will conclude in a BID ballot in February 2015. 

 

(Report attached)

Minutes:

The Director of City Development submitted a report which provided an update on the progress being made towards the establishment of a Leeds City Centre Business Improvement District.

 

It was reported that a detailed feasibility study had been completed in February 2014. The Private Sector supported by the City Council had now embarked on the second phase of the programme which would conclude in a BID ballot in February 2015.

 

John Ebo, Head of City Centre Management, City Development, presented the report and responded to Members questions and queries.

 

Detailed discussion ensued on the contents of the report which included:

 

·  Background information and context to the BID

·  Late Night Levy

·  Formal Consultation

·  Partnership and Ambition

·  National Comparisons

·  Boundary and scope of a Potential City Centre BID

·  Small Businesses

·  Role of Leeds City Council

·  Night time Economy

·  The BID for Otley

 

Councillor Hussain asked if City Centre residents were required to pay the levy.

 

In responding Mr Ebo said residents would not pay the levy. BIDs levy only applied to businesses. Rateable values below an agreed threshold, which would be decided following formal consultation (potentially £60,000) would be exempt. This could include a large amount of small businesses. City Centre residents would be consulted and their views would be taken into account as part of the consultation process.

 

Councillor Dunn welcomed the initiative but expressed disappointment that Leeds appeared to be behind other cities when developing BIDS.

 

Councillor Buckley also welcomed the initiative and asked “do businesses looked upon this as a good thing”

 

In responding John Ebo said businesses did look upon the initiative as a good thing, the approval rate following the feasibility study was high. Commenting on the consultation process Mr Ebo suggested that the process did provide an indication of good value or not. Good value may lead to a successful ballot.

 

Referring to a successful BID and the provision of “extra services”, Councillor Selby asked if the extra services would be taken away from other areas of the city.

 

Mr Ebo, in providing clarification said additional income would be from the BID levy and would deliver the extra service, in addition to the Council’s own baseline service.

 

Referring to National comparisons, Councillor Flynn asked why Birmingham currently had 10 BIDS in existence.

 

Mr Ebo said that a large City such as Birmingham had a variety of distinct areas, with large pockets of rateable value. In providing an example for Leeds, Mr Ebo suggested that the waterfront area would be a good comparison.

 

Commenting on the Otley BID, Councillor Downes said that 78% of businesses had voted in favour of the BID. The initiative had worked well with businesses coming together on the back of the “Tour de France Grand Depart” to promote the area, enhance services and expand the local economy

 

RESOLVED –

 

(i)  To note the progress being made to develop a Leeds City Centre Business Improvement District (BID)

 

(ii)  To note the proposed timescales for implementation and the stages required in section 4 of  ...  view the full minutes text for item 26.

27.

Cumulative Impact Policy for Otley pdf icon PDF 71 KB

To consider a report by the Head of Licensing and Registration which requests Members to consider if a cumulative impact policy would be appropriate for Otley, in view of the increase in applications and the concern that the current status quo could be affected by just one successful application to vary a licence.

 

(Report attached)

 

Additional documents:

Minutes:

The Head of Licensing and Registration submitted a report requesting Members to consider if a cumulative impact policy would be appropriate for Otley, in view of recent application for a late hours licence and the concern that the current status quo could be affected by just one successful application to vary a licence.

 

Appended to the report was a copy of the following documents:

 

·  Details of Environmental Health complaints (Appendix 1 refers)

·  Details of Entertainment Licensing complaints (Appendix 2 refers)

 

Susan Holden, Principal Project Officer, Entertainment and Licensing Section presented the report and responded to Members questions and queries.

 

Detailed discussion ensued on the contents of the report which included:

 

·  Background information

·  Nuisance statistics

·  Crime and Disorder statistics

·  Other measures

 

Councillor Dunn made reference to “Grandfather rights” questioning if a licensed premises was granted an extension to hours of use, would family members have the right to continue with the extended hours. Also would a CIP have any effect on the licence previously granted?

 

In providing clarification Ms Holden said the license was for the premises and not the licensee. If problems did arise the premises license could be reviewed.

 

Commenting on the crime and disorder statistics, Councillor Downes welcomed the fact that crime and disorder figure had dropped by 40% in past 3 years, suggesting that the installation of CCTV had also contributed to the figures coming down.

 

It was acknowledged that alternative options and other measures set out in the Statement of Licensing Policy, such as local hours, was satisfactory for the purpose of addressing local concerns.

 

Councillor Hussain referring to a possible legal challenge suggested the necessary evidence to defend a legal challenge may not be robust enough.

 

In summing up the Chair said the crime and disorder statistics did not support or justify the introduction of a Cumulative Impact Policy for Otley Town Centre.

 

RESOLVED - It was the view of Members that a Cumulative Impact Policy (CIP) for Otley Town Centre was not necessary at this time

28.

Strong Alcohol Schemes pdf icon PDF 133 KB

To consider a report by the Head of Licensing which explains the progress being made with a voluntary scheme which works with businesses to remove the high strength, low cost alcohol from sale in areas which are experiencing incidents of alcohol related antisocial behaviour.

 

(Report attached)

 

Minutes:

The Head of Licensing and Registration submitted a report which explained the progress being made with regard to a voluntary scheme which works with businesses to remove high strength, low cost alcohol from sale in areas which are experiencing incidents of alcohol related antisocial behaviour.

 

Appended to the report was a copy of the following document:

 

·  A list of super strength products(Appendix 1 refers)

 

Susan Holden, Principal Project Officer, Entertainment and Licensing Section presented the report and responded to Members questions and queries.

 

Detailed discussion ensued on the contents of the report which included:

 

·  Background Information

·  Schemes launched in other areas of the Country

·  The establishment of a Licensing Working Group to research the issues of super strength alcohol

·  Evidence to link super strength alcohol with antisocial behaviour and poor health outcomes

·  Identification of vulnerable areas

·  Super strength audit

·  Identification of products

·  Possible solutions

·  Unintended consequences

·  Impact on low income families

·  Other options

 

In offering comment Councillor Dunn suggested that Middleton should not be singled out as being a vulnerable area for street drinking and suggested that more advice and greater publicity should be provided in these vulnerable areas.

 

Councillor Downes said that banning such products would drive the issue “underground”. He suggested there was a need for Government intervention for the production alcohol products.

 

Councillor Bruce welcomed the report but expressed reservations about singling out a particular class of people.

 

Councillor Selby also welcomed the report and the ban on the below cost sale of alcohol but expressed concern about the absence of delay in receiving advice from the HMCR on correct duty classification for ciders. He suggested that the HMCR and the Home Office be contacted to provide the necessary information and also suggested all Leeds MP’s and the LGA be also made aware of the issues concerning the duty classification of strong alcohol.

 

Councillor Buckley commented that it was a depressing state of affairs when shopkeepers would refuse to stop a selling product for fear that a neighbouring shop would continue to do so.

 

Councillor Husain suggested that the report be referred to all Community Committees for information/ discussion 

 

RESOLVED

 

(i)  That the contents of the report be noted and welcomed

 

(ii)  To support the proposals contained in sections 3.33 – 3.37 of the submitted report

 

(iii)  To write to the HMRC and the Home Office seeking clarification that the correct duty classification was being applied in the case of whit cider products.

 

(iv)  That the Head of Licensing and Registration be requested to write to all Leeds Members of Parliament and the Local Government Association making them aware of the duty classification of white cider products.

 

(v)  That the report be circulated to all Community Committees for information /discussion

 

29.

Licensing Committee Work Programme 2014 pdf icon PDF 61 KB

To note the contents of the Licensing Committee Work Programme for 2014.

 

(Copy attached)

Minutes:

Members considered the contents of the Licensing Committee Work Programme for 2014/15.

 

RESOLVED – That, subject to the inclusion of any additional items of business identified at this meeting, the contents of the Licensing Committee Work Programme be noted.

30.

Date and Time of Next Meeting

To note that the next meeting will take place on Tuesday 5th August 2014 at 10.00am in the Civic Hall, Leeds.

Minutes:

RESOLVED – To note that the next meeting will take place on Tuesday, 5th August 2014 at 10.00am in the Civic Hall, Leeds.