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Agenda and minutes

Agenda and minutes

Licensing Sub-Committee
Tuesday, 28th February, 2017 11.00 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.

Items
No. Item

1.

Election of the Chair

Minutes:

RESOLVED – Councillor Downes was elected Chair of the meeting.

 

2.

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.

 

3.

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:

No formal late items of business were added to the agenda; however Members were in receipt of supplementary documents in respect of the application submitted for “Winston’s”, Dewsbury Road. The documents which had been designated as exempt from publication had also been served on the applicants.(Minute 6 refers).

 

4.

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:

RESOLVED – That the public be excluded from the meeting during consideration of the contents of the additional supplementary pack relating to agenda item 6 “Application for grant of a Premises Licence for Winston’s, LS11”. This was designated as exempt from publication under the provisions of Access to Information Procedure Rule 10.4 (3) 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 the documents contained information relating individuals or information which was likely to reveal the identity of an individual.

 

5.

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.

 

6.

Winston's - Application for the grant of Premises Licence, Winstons Health and Leisure DRH Ltd, 295 Dewsbury Road, Hunslet, Leeds LS11 5LS pdf icon PDF 37 KB

To consider the report of the Head of Elections, Licensing and Registration on an application for the grant of a premises licence, made by Dan Hall T/a DRH Health Ltd, for Winstons Health And Leisure DRH Health Ltd, 295 Dewsbury Road, Hunslet, Leeds, LS11 5LS.

 

Additional documents:

Minutes:

The Sub Committee considered an application made by Mr D Hall trading as DRH Health Ltd for the grant of a Premises Licence for “Winston’s Health and Leisure”, Dewsbury Road, Leeds LS11 5LS. The application sought the sale of alcohol everyday 20:00 until 05:00 hours and the provision of recorded music 23:00 until 05:30 hours.

 

The application had attracted representations from a local ward Councillor, West Yorkshire Police, LCC Environmental Protection Team (LCC EPT) and LCC Health & Safety Team (LCC H&S). Prior to the meeting, the applicant agreed to the measures suggested by LCC EPT and LCC H&S to address the public safety and prevention of public nuisance licensing objectives. The representations had subsequently been withdrawn subject to these measures being included within the operating schedule for the premises, should this application be granted. Councillor Nash did not attend the hearing, the Sub Committee resolved to consider her written representation and proceed in her absence.

 

Prior to the hearing, Members of the Sub Committee had undertaken a site visit to the premises.

 

Mr Dan Hall, the applicant attended the hearing accompanied by Mr D Craig, his barrister. PC Cath Arkle and Sgt. Dave Shaw attended for West Yorkshire Police (WYP). Several members of the public attended the hearing as observers, including representatives from local media organisations.

 

The parties indicated at the outset of the hearing that their submissions would include discussion of the content of the supplementary information, which had been designated as exempt from publication under the provisions of Access to Information Procedure Rule 10.4 (3). As such, the observers were advised that the Sub Committee would aim to hold as much of the hearing in public as possible but that there would be points when the observers would be asked to leave the meeting to facilitate consideration of the exempt information.

 

Additionally, the Legal Adviser to the Sub Committee noted receipt by her of a document supplied by the applicant, referred to as the “Winston’s Agreement”. This had not been seen by the Sub Committee or WYP and time was allowed for the document to be read. The Sub Committee and WYP accepted the document for consideration at the hearing.

 

Mr D Craig addressed the Sub Committee on behalf of the applicant. He stated that Mr D Hall held a Personal Licence and had owned the premises since January 2014, not 2013 as suggested in some of the documentation. He also intended to become the Designated Premises Supervisor for the premises if the application was granted. The application was made in order to provide two activities – alcohol and recorded music. Alcohol would be served from a vending machine which would control sales, facilitate stock control and provide a safe environment for patrons. Anyone serving alcohol would hold a Personal Licence.

 

Mr Craig sought to demonstrate that Mr Hall would be a responsible licence holder. He stated that the applicant had engaged with the responsible authorities prior to the application being made; even though the Guidance  ...  view the full minutes text for item 6.