Agenda and minutes
Agenda and minutes
Tuesday, 21st February, 2017 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 378 5029 after the hearing.
Election of the Chair
RESOLVED – That Councillor Selby be elected as Chair for the duration of the meeting.
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)
There were no appeals against refusal of inspection of documents.
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.
RESOLVED – That if necessary, in accordance with Regulation 4 of The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, the public be excluded from the meeting during consideration of that part of the agenda designated as exempt 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 so designated as follows:-
Supplementary information is designated as exempt from publication in accordance with paragraph 10.4 (1, 2) of Schedule 12A(3) of the Local Government Act 1972 on the grounds that it contains information which relates to individuals, is likely to reveal the identity of an individual and relates to the business affairs of any particular person. As a consequence it is considered that the public interest in maintaining the content of the supplementary information as exempt outweighs the public interest in disclosing the information.
Members noted that on this occasion there were no members’ of the public present at the hearing.
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)
There were no formal late items. However, supplementary information had been received and seen by all parties.
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.
There were no declarations of disclosable pecuniary interests.
The report of the Head of Elections, Licensing and Registration informs Members of an application for a Summary Review in respect of One Fusion Restaurant First Floor, 58 Roseville Road, Leeds LS8 5DR.
The report of the Head of Elections, Licensing and Registration advised the Sub-Committee of an application had been made by West Yorkshire Police under section 53A of the Licensing Act 2003, for the Summary Review of the Premises Licence in respect of One Fusion Restaurant, 1st floor, 58 Roseville Road, Leeds, LS8 5DR.
West Yorkshire Police were of the opinion that these premises were associated with serious crime and disorder or both. The Licensing Authority was now under a duty to hold a review hearing in accordance with Section 53C of the Licensing Act 2003.
An interim steps hearing took place on 2nd February 2017 where the Licensing Sub Committee resolved to suspend the Premises Licence, pending the review hearing.
The report set out the background of the Premises Licence, the relevant law and appropriate guidance for Members. The report also recommended that Members review the Premises Licence using their statutory powers.
The history of the premises was set out at paragraph 2.0 of the submitted report.
It was noted that at the interim steps hearing on the 2nd February 2017, before the same Members of the Licensing Sub Committee as today, the Panel had resolved to suspend the licence until the Summary Review Hearing. The decision notice was attached at Appendix C of the submitted report.
PC Cath Arkle of West Yorkshire Police attended the hearing and informed the Sub Committee that she would be referring to the two incidents as ‘the stabbing’ and ‘the violent disorder’. It was noted that ongoing investigations had shown that the two incidents were not linked.
PC Arkle said that this particular weekend had been out of the ordinary in relation to the history of the premises but had been so severe that the Police were of the opinion that they should apply for a Summary Review.
PC Arkle set out in brief the progress made with the two ongoing investigations. She informed the Members that the ‘stabbing incident’ had taken place approximately 100 yards from the premises. However, both the suspect and the complainant had been at the premises prior to the incident and had previous history (involving a previous stabbing), but that the Premises Licence Holder was not aware of that history.
PC Arkle told the Sub Committee that the second incident had, highlighted the lack of control on the premises. She said that the decision taken by the Premises Licence Holder to allow two large groups of people into the premises after he had considered closing early and, had allowed door staff to leave had been a ‘bad decision’.
She informed Members that the premises did not have a history of serious crime and disorder and the Premises Licence Holder had actively co-operated with the Police in the investigations to both incidents.
The Licensing Sub Committee was informed that discussions had taken place between the Premises Licence Holder, Mr Mussie Gerezgiher, the Police and Entertainment Licensing Enforcement. She informed the Members that Mr Gerezgiher had taken ... view the full minutes text for item 6.