Agenda and minutes

Licensing Sub-Committee - Tuesday, 15th August, 2023 10.00 am

Venue: Civic Hall, Leeds, LS1 1UR. View directions

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

To seek nominations for the election for the position of Chair.

Minutes:

RESOLVED – To elect Councillor A Hutchison as Chair for the duration 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 and Scrutiny Support at least 24 hours before the meeting)

 

Minutes:

There were no appeals against refusal of inspection of documents.

 

3.

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 exempt items.

 

4.

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, but supplementary information was circulated to Members prior to the meeting, in relation to item 6 ‘application for the grant of a Premises Licence for Kasa, 278A Belle Isle Road, Belle Isle, Leeds, LS10 3QJ’ & item 7 ‘application for the grant of a Premises Licence RSPB St Aidan's Nature Park, St. Aidan’s Nature Reserve, Astley Lane, Swillington, Leeds, LS26 8AL.’

 

5.

Declaration of Interests

To disclose or draw attention to any interests in accordance with Leeds City Council’s ‘Councillor Code of Conduct’.

Minutes:

No declarations of interest were made.

 

6.

Application for the grant of a premises licence for Kasa, 278A Belle Isle Road, Belle Isle, Leeds, LS10 3QJ pdf icon PDF 142 KB

To receive and consider the attached report of the Chief Officer (Elections and Regulatory) regarding an application for the grant of a premises licence made by Jon Atkin Ltd, for Kasa, 278A Belle Isle Road, Belle Isle, Leeds, LS10 3QJ

Additional documents:

Minutes:

The Chief Officer Elections and Regulatory submitted a report for Members consideration on an application for the grant of a premises licence made by Jon Atkin Ltd, for Kasa, 278A Belle Isle Road, Belle Isle, Leeds, LS10 3QJ.

 

Attending the meeting were:

  • Chris Rees-Gay, Woods Whur, Applicant’s Representative
  • Aqueel Bashir, Director, Jon Atkin Ltd, Applicant
  • Warren King, Acoustic Expert
  • Councillor Wayne Dixon, Middleton Park Ward
  • Vanessa Holroyd, Environmental Protection Team
  • Lisa Starbrook, Public Objector
  • Tracy Morris, Public Objector

 

The Legal officer explained the procedure for the hearing.

 

The Licensing Officer presented the application informing the Members of the following points:

  • The application had been made by Jon Atkin Ltd. for a convenience store which was currently licensed under the Licensing Act 2023 and proposed to authorise alcohol sales for consumption off the premises for 24 hours a day, 7 days a week.
  • Responsible authorities and Ward Members had been notified on the application and had attracted representations from Ward Members, responsible authorities and other persons.
  • The premises currently benefited from a premises license for the sale by retail of alcohol from Monday to Sunday from the hours of 7:00 to 23:00 and the new application was for Monday to Sunday, 24 hours a day.
  • A copy of the application form was available at appendix A, a map detailing the location of the premises at appendix B, a copy of the Environmental Protection Team’s (EPT) objection at Appendix C, a copy of the agreed conditions with West Yorkshire Police (WYP) was available at Appendix D, Ward Members and Local MP objection, along with 30 public objection letters were available at appendix E.
  • 10 of the public objectors were concerned with retribution if their details were exposed and had not attended the meeting but wanted their comments considered by the Sub-Committee.
  • A letter in support of the application was available at appendix F.

 

The applicant’s representatives provided the Sub-Committee with the following information:

·  Grant of the application was sought, with the agreed WYP conditions attached.

·  The premises was a small convenience store and the new application had been submitted in response to customers requesting increased hours to purchase products, including alcohol.

·  Support for the application was demonstrated by the petition of support detailed from pages 7 to 91 of the first supplementary information pack for item 6. 198 signatures and 78 support letters contrasted the 30 objection letters.

·  The convenience store had been in operation for 13 years, had previously been a pub and no enforcement action was noted for the premises.

·  The applicant and Designated Premises Supervisor (DPS) had held a personal license since 2003, which had been renewed in 2014.

·  Kasa was a chain of stores with four owned in Leeds by the applicant’s family members.

·  If the application were granted, two new members of staff would be recruited.

·  The DPS had supported local football teams financially, including South Leeds AFC.

·  The application was for offsite sale of alcohol only and the existing license would be surrendered if the application  ...  view the full minutes text for item 6.

7.

Application for the grant of a premises licence for RSPB St Aidan's Nature Park, St. Aidan’s Nature Reserve, Astley Lane, Swillington, Leeds, LS26 8AL pdf icon PDF 129 KB

To receive and consider the attached report of the Chief Officer (Elections and Regulatory) regarding an application for the grant of a time-limited premises licence made by Leeds Culture Trust for RSPB St. Aidan's Nature Park, St. Aidan’s Nature Reserve, Astley Lane, Swillington, Leeds, LS26 8AL

Additional documents:

Minutes:

The Chief Officer Elections and Regulatory submitted a report for Members’ consideration of an application for the grant of a time-limited premises licence made by Leeds Culture Trust for RSPB St. Aidan's Nature Park, St. Aidan’s Nature Reserve, Astley Lane, Swillington, Leeds, LS26 8AL

 

Attending the meeting were:

  • Matthew Phipps, TLT Solicitors – Applicant’s Representative
  • Tom Reilly, Director of Production – Leeds Culture Trust, Applicant
  • Carl Foster, Head of Visitor Experience – Leeds Culture Trust
  • Roisin Caffrey, Senior Producer – Leeds Culture Trust

 

The Legal Officer explained the procedure for the hearing.

 

The Licensing Officer presented the application informing the Members of the following points:

  • The application was for a time limited licensed event submitted by Leeds Culture Trust and was to be held at the nature park from Monday the 4th of September to Saturday the 9th 2023.
  • The site was comprised of a nature park with a visitors’ centre and stages will be set up around the site for theatrical performances as part of the Leeds City of Culture 2023. Performances were to take place outside at set points around the site.
  • Responsible authorities and Ward Members had been notified of the application, with no objections received.
  • The application had attracted objection comments from local residents, mainly based around safety and nuisance concerns.
  • The summary of the application was for provision of plays, films, live music, recorded music, dance and anything of a similar description to live music, recorded music or performances of dance Monday – Saturday 17:00 – 23:00.
  • A copy of the application form was available at appendix A, a risk assessment for outdoor events at appendix B, a noise mitigation plan at appendix C, a map of the site at appendix D, redacted copies of the representations at appendix E and a list of premises in the surrounding area at appendix F.

 

The applicant’s representative provided the following information:

  • The operating schedule, outlining how the licensing objectives will be upheld was available from page 103 of the report and detailed event safety, partnership and advisory group work, security and steward provision and traffic and noise management plans.
  • There was no alcohol license as part of the application and no alcohol will be permitted on site for the event.
  • Page 113 of the report detailed the risk assessment for outdoor events that had been conducted and was deemed satisfactory.
  • Page 131 of the report provided an overview of the noise mitigation plan, and a further acoustic management plan was available at supplementary information pack 2.
  • It was expected to take around 2 hours for people to walk through the park with four 20-minute activities. Pages, 132,133 and 135 of the report detailed a breakdown of the areas across the nature park where the activities would take place.
  • In response to the objection comments, it was noted the concerns were predominantly regarding the impact litter, noise and traffic may have on nature and also anti-social behaviour. Plans and partnership work with the RSPB were considered  ...  view the full minutes text for item 7.

8.

Application for the grant of a premises licence for One Stop 64 - 66 Cross Gates Road, Cross Gates, Leeds, LS15 7NN pdf icon PDF 92 KB

To receive and consider the attached report of the Chief Officer (Elections and Regulatory) regarding an application for the grant of a premises licence, made by One Stop Stores Limited, for One Stop 64 - 66 Cross Gates Road, Cross Gates, Leeds, LS15 7NN.

Additional documents:

Minutes:

The Chief Officer Elections and Regulatory submitted a report for Members’ consideration on an application for the grant of a premises licence, made by One Stop Stores Limited, for One Stop 64-66 Cross Gates Road, Cross Gates, Leeds, LS15 7NN

 

Attending the meeting were:

  • Hardish Purewal, Licensing Manager, Tesco Group
  • Daniel Harris, Area Manager, One Stop
  • Angela Chapman, Store Manager/Proposed DPS
  • Mrs. Shires, Public Objector
  • Mrs. Brogden, Public Objector

 

The Legal Officer explained the procedure for the hearing.

 

The Licensing Officer presented the application informing the Members of the following points:

  • The application had been made by One Stop Stores Ltd and was a new application for a new premises.
  • Responsible authorities and Ward Members had been consulted on the application.
  • Agreements with EPT and WYP had been reached and proposed conditions from both authorities had been attached to the operating schedule.
  • In summary, the application was for sale by retail of alcohol for consumption off the premises every day from 6:00 to 23:00.
  • A copy of the application form was available at appendix A, a map of the locality was available at appendix B, agreement with EPT at appendix C, agreement with WYP at appendix D, public representations at appendix E, and other local licensed premises at appendix F.
  • There were 7 submitted objection comments which expressed concerns regarding crime and disorder and nuisance, one objector held fear of retribution.

 

The applicant’s representative provided the following information:

  • The application had been made in order to sell alcohol as part of the stock for a new convenience store.
  • The area manager had been in post for 10 years and their jurisdiction covered 27 stores across the district of Leeds.
  • The store manager and proposed DPS had worked for One Stop since 2005 and had 6 years of store management experience. They would be the point of contact for residents and lived nearby the premises.
  • One Stop operated 700 stores nationally, had over 10,000 employees. 300 of the shops were franchised but this store would not be.
  • The model of shop was convenience and to top up on supermarket shopping, alcohol was proposed to be sold to supplement other products and each One Stop was tailored to local needs. The shop was expected to open in October 2023.
  • Staff for the shop had been recruited from the local area and were in the process of being trained by the store manager, this included stocking, security and sales and would be refreshed when necessary.
  • The store would operate a good neighbour policy and run initiatives such as raising money for charity and running food bank donations. It was noted that the store would be happy to join resident organisations and work with the community.
  • A good relationship with WYP was outlined, with the licensing manager being in liaison with local Officers and was a direct contact for them should any issues arise.
  • The licensing manager was involved with a standards group for the industry and provided guidance for small shops regarding responsible  ...  view the full minutes text for item 8.