Agenda and minutes

Licensing Sub-Committee - Monday, 28th July, 2014 10.00 am

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

19.

Election of the Chair

Minutes:

RESOLVED – That Councillor Selby be appointed as Chair for the duration of the meeting.

20.

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.

21.

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:

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

22.

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 formal late items submitted for considerations. However with regards to Agenda Item 6 (Minute 24 refers) supplementary information had been received and published prior to the meeting.

23.

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:

No declarations were made.

24.

Application for the grant of a premises licence in respect of Baba Jaga, 107 Harehills Road, Harehills, Leeds, LS8 5HS pdf icon PDF 109 KB

To receive and consider the attached report of the Head of Licensing and Registration regarding an application for the grant of a premises licence.

Additional documents:

Minutes:

The Sub-Committee, having regard to the Licensing Act 2003, the Section 182 Guidance and the Authority’s own Statement of Licensing Policy, considered the application for the grant of a premises licence in respect of Baba Jaga, 107 Harehills Road, Harehills, Leeds, LS8 5HS.

 

The application had received a representation from premises nearby.

 

In attendance at the Sub Committee were:

 

Mr A Latif – Applicant

Mr N Raof – Applicant’s representative  

Ms C McCusler – Applicant’s witness

Mr N Patel – Applicant’s witness

Mr A Dahri – Objector

Mr L Din (Solicitor)  Objector’s representative

 

Mr Raof submitted that there were no representations from West Yorkshire Police or Leeds City Council. He proceeded to outline alleged threats that had been received to the applicant with regards to the applicant continuing to trade and requesting a licence to sell alcohol. He described that the incident had been reported to the Police but no further action was being taken. Mr Raof also outlined the will of the applicant to work with other business surrounding his premises. The Sub Committee were informed that in the applicant’s view there were very few shops on Harehills Lane which sold Polish products and that the surrounding area has a diverse mix of shops and other  businesses. Mr Raof refuted any suggestion that cigarettes and alcohol are currently sold at the premises or that it was operating as a public house.  He also referred to a prosecution and fine against the objector’s business for selling cigarettes to under age persons.

 

Members considered the submissions and asked questions as to why a licence was required which was later than any other shops in the surrounding area. It was explained to the Committee that the shop caters for the Polish community who tended to work later hours therefore shopped at later times.

 

Mr Din proceeded to outline the reasons behind the representation. He informed the Sub Committee that no threats had been made to the applicant or the applicant’s business partner by his client. However he alleged that threats by people associated with the applicant had been made against Mr Dahri’s family on his premises and that these had been reported to the Police. It was confirmed that the Police were taking no further action. Mr Din informed the Sub Committee that there were many other shops selling Polish products in the vicinity. Concern was also raised about the future behaviour of the applicant if a licence was granted.

 

The Chair outlined that “Need” was no longer part of the current legislation and could not be used as an argument.

 

In summary the applicant’s witness Ms C McCusler informed the Sub Committee of the number of people who were supportive of the applicant’s business. She also highlighted the applicant’s willingness to work with other business owners and the local community and that he had a long term and genuine commitment to the area. She finally highlighted that this was a new business and it should be given  ...  view the full minutes text for item 24.

25.

Certification of Films pdf icon PDF 62 KB

To receive and consider the attached report of the Head of Licensing and Registration in respect of an application for the certification of films to be shown at the Leeds Festival 2014.

Additional documents:

Minutes:

RESOLVED – The Sub Committee resolved to adjourn this item until further notice.