Agenda and minutes

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

RESOLVED – To elect Cllr Downes to the Chair for the duration of the meeting.

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)

There were no appeals against refusal of inspection of documents.

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.

There were no exempt items.

There was one formal late item of business which had been added to the agenda - Application for the certification of a film titled, ‘Sambizanga’, to be screened as part of Cinema Africa.

There are also a number of supplementary documents which had been published and circulated in relation to the following:

·  Agenda item 6 – Certification of Films – Yorkshire Indian Film Festival – one supplement containing officer comments on the films.

·  Agenda item 7 – Certification of Films – Leeds International Film Festival 2023 – one supplement containing officer comments on the films.

·  Agenda Item 8 – Application for the grant of a premises licence for Arches 78 and 79, Railway Street, Richmond Hill, Leeds. - One supplement containing representations from local ward councillors and one supplement containing the response of the applicant.

·  Agenda Item 9 – Application to vary a premises licence held by Red’s True Barbecue, Unit 1, Cloth Hall Street, Leeds. – One supplement from a representative of the Licensing Authority and one supplement from the representative of the applicant.

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

No declarations of interests were made at the meeting.

To consider the report of the Chief Officer Elections and Regulatory on an application for the certification of a number of films to be shown as part of the Yorkshire Indian Film Festival at Hyde Park Picture House, Brudenell Road, Headingley, LS6 1JD on between 25th October and 5th November 2023.

The report of the Chief Officer Elections and Regulatory advised the Sub-Committee of an application for the certification of a number of films to be shown as part of the Yorkshire Indian Film Festival at Hyde Park Picture House, Brudenell Road, Headingley, LS6 1JD between 25^th October and 5^th November 2023.

A copy of the BBFC Classification Guidelines had been available for Members information.

A list detailing the films requesting certification was appended to the submitted report at Appendix A. This included links to the films online, a synopsis for the film and the applicant’s recommended classification. The published document included redactions as the link supplied by the applicant directed the observer towards unclassified content and an original copy had been provided to the Licensing Sub-Committee Members prior to the hearing.

Members were advised that should they have any questions a representative was available via phone. On this occasion the Members had no questions.

Supplementary information had been supplied to Members which included the comments from officers who had viewed the films prior to the hearing.

RESOLVED – To grant as applied for.  Comments

·  Now and Then - 15 Rating

·  I Carry It With Me Everywhere – 15 Rating

·  Bona Vacantia – 15 Rating

·  Queen of Diamonds - 15 Rating

·  All The Lights Still Burning – 15 Rating

·  F.O.G.  - 15 Rating

·  A House Named Shahana - 12A

To consider the report of the Chief Officer Elections and Regulatory on an application for the certification of numerous films in respect of the Leeds International Film Festival 2022. The screenings are scheduled to take place between 3rd and 19th November 2023 at Vue Cinema in the Light, Everyman Cinema, Hyde Park Picture House, Cottage Road Cinema, Howard Assembly Room, Chapel FM Seacroft, Old Fire Station Gipton and St Luke’s Cares Beeston.

The report of the Chief Officer Elections and Regulatory advised the Sub-Committee of an application for the certification of numerous films in respect of the Leeds International Film Festival 2023. The screenings are due to take place between 3^rd and 19^th November 2023 at Vue Cinema in The Light, Everyman Cinema, Hyde Park Picture House, Cottage Road Cinema, Howard Assembly Room, Chapel FM Seacroft, Old Fire Station Gipton and St Luke’s Cares Beeston.

It was noted that in response to a briefing by the BBFC and advice sought from the council’s Legal Department, it was essential the Licensing Sub-Committee be able to view each film in order to rate it appropriately. Where films were unavailable, Members were advised to certify them 18 rating, subject to a written declaration from the applicant confirming that each film does not contain any content which would more likely than not, render the film liable to be classified as R18 if considered in accordance with the BBFC Classification Guidelines. A copy of the e-mail from the applicant requesting the classification and including the declaration, was appended to the submitted report at Appendix A.

A list detailing the Title and Synopsis for each film was attached at Appendix B of the report.

Of the films requesting certification, the exhibitor had provided links to view advanced screeners for 2 feature length films and 8 Short films. Supplementary information had been provided to Members which included officers’ comments.

A copy of the BBFC Classification Guidelines was available to Members for information.

Members were advised that should they have questions for the applicant, they would be available via phone. On this occasion there were no questions.

RESOLVED – To grant as applied for.

·  KIDDO – PG Rating

·  This is going to be big – PG Rating

·  Kate is sad – 15 Rating

·  AKIN – 15 Rating

·  F.O.G. – 15 Rating

·  Vestige – 15 Rating

·  Kiddo – 15 Rating

·  Dead Skin – 15 Rating

·  The peacock who passed over – 15 Rating

·  Waiting for Otto – 15 Rating

To consider the report of the Chief Officer Elections and Regulatory on an application for the grant of a premises licence, made by DMC Brewery Ltd, for 78-79 Railway Street Arches 78 And 79, Railway Street, Richmond Hill, Leeds, LS9 8HB. The application is for a double railway arch to be used as a microbrewery with a taproom offering on and off sales of alcohol, provision of films, performance of live and recorded music and provision of late night refreshment.

The Chief Officer Elections and Regulatory submitted an application for the grant of a premises licence, made by DMC Brewery Ltd, for 78-79 Railway Street Arches 78 And 79, Railway Street, Richmond Hill, Leeds, LS9 8HB.

Prior to the meeting, supplementary information was published online and circulated to Sub-Committee Members. The document contained further correspondence from the applicant with Entertainment Licensing. 

The following were in attendance for this item;

• Giuseppe Romano (Applicant)

• John Davidson (Supporter to the application)

• Councillor L Farley, (Objector to the application)

The Legal Officer outlined the procedure for the hearing and the Licensing Officer presented the application. Several objections had been made (Appendix F) and were considered as a part of the application.

The following information was highlighted;

Mr Romano informed the Committee that the premises is intended as a brewery and taproom specialising in alcoholic ginger beer, which will be a first for Leeds. Whilst the application is for a 3am closure, the space is not intended as a nightclub. The premises’ use of Temporary Event Notices (TENs) had not attracted any noise complaints from residents, and Mr Romano felt that the trains running until 3am were likely to cause a bigger disruption. Mr Romano had checked the noise levels on the nights that had used TENs to ensure that the noise from inside was contained.

Mr Davidson, a long term local resident, spoke in favour of the application, as the area has had little community meeting space and amenities since the closure of the Yorkshire Rider Club. Whilst the premises is not intended to have a community centre role, he felt that the opening was promising for the area’s development.

Councillor Farley spoke against the application on the grounds of public nuisance, due to the proximity of new build housing including social housing for young families. The possibility of noise pollution for the residents was noted. The premises’ social media was highlighted as advertising a TENs as a “late licence”. The possibility of adding drunk people to an area prone to crime was considered too. The Councillor however noted that a small business opening was positive for the area, and that the business should still open, but with an earlier closing time of 11pm whilst the business develops.

A recent daytime attack on the street was determined to have no relevance to the application.

The Committee during discussion with the attendees ascertained the following;

·  The premises had been open for four days, and Councillor Farley and the other ward members for Burmantofts and Richmond Hill had not been to visit the premises.

·  On the Saturday 21^st October, the first normal day of business, the space had around 10-15 customers in the later part of the evening

·  Mr Davidson confirmed details of the new housing in the area, including that the majority were for one bedroom flats, unlikely to house families

·  Mr Romano had agreed five conditions with Environmental Protection Team prior to the meeting. West Yorkshire Police made no representation.  ...  view the full minutes text for item 8.

To consider the report of the Chief Officer Elections and Regulatory on an application to vary an existing premises licence, made by Tokyo Industries (Yorkshire) Limited, for Red's True Barbecue Unit 1, Cloth Hall Street, Cloth Hall, Leeds, LS1 2HD. The application seeks to vary the sale by retail of alcohol, provision of regulated entertainment, Late night refreshment, amend and remove conditions as noted in paragraph 3.3 of the report.

The report of the Chief Officer Elections and Regulatory presented an application to vary a premises licence, made by Tokyo Industries (Yorkshire) Limited, for Red’s True Barbecue, Unit 1 Cloth Hall Street, Cloth Hall, Leeds, LS1 2HD.

In attendance at the meeting were:

·  Paddy Whur – Applicants representative

·  Aaron Mellor – Director of Tokyo Industries (Yorkshire) Limited – Applicant

·  Chris Bateson – Operation Director of Tokyo Industries (Yorkshire) Limited – Observer

·  Ian Twitcher – Operation Manager Tokyo Industries (Yorkshire) Limited - Observer

·  PC Andy Clifford – West Yorkshire Police - Objector

·  Vanessa Holroyd – Environmental Protection Team – Objector

·  Susan Duckworth – Licensing Authority – Objector

The Legal Officer outlined the procedure for the meeting.

The Entertainment Licensing Officer presented the report providing the following information:

·  The variation application was to vary the Sale by retail of alcohol, Provision of regulated entertainment, Late night refreshment, amend and remove conditions as noted in Paragraph 3.3 of the submitted report.

·  A brief history had been provided for Members’ information and was set out at Paragraph 2 of the submitted report. It was noted that this application was originally scheduled to be heard on 26^th September 2023. However, the applicant’s representative had made an application to adjourn the hearing.

·  A copy of the existing licence was attached to the report at Appendix A.

·  The applicant had applied for:

o  Extension to the permitted hours for exhibition of film and sale of alcohol from the current hours of Monday to Friday 11:00 to 00.30 and Saturday and Sunday 09:00 to 00:30 to proposed hours of Everyday 09:00 to 02:00

o  To extend the permitted hours for live music from the current hours of Monday to Friday11:00 to 23:30 and Saturday and Sunday 09:00 to 23:30 to proposed hours to Everyday 09:00 to 02:00

o  To extend permitted hours for live music from the current hours of Monday to Friday 11:00 to 23:30 and Saturday and Sunday 09:00 to 23:30 to proposed hours of Everyday 09:00 to 02:00.

o  To extend permitted hours for recorded music from the current hours of Monday to Friday 11:00 to 23:30 and Saturday and Sunday 09:00 to 23:30 to proposed hours of Everyday 09:00 to 02:00.

o  To extend late night refreshment from current hours of Everyday 23:00 to 00:30 to the proposed hours of Everyday 09:00 to 02:00

o  To extend the opening hours of the premises from Monday to Friday 11:00 to 01:00 and Saturday and Sunday 09:00 to 01:00 to the proposed hours of Everyday 09:00 to 02:30

o  To amend Condition 47 of the Premises Licence which currently reads ‘100 covers to be maintained at all times’ to read ‘A minimum of 100 chairs at tables will be retained at the premises’

o  To remove the following Conditions:

§  Condition 48 – There will be no admission after 23:00 Sunday to Wednesday

§  Condition 49 There will be no admission after midnight Thursday to Saturday

§  Condition 50 No alcohol to be served other  ...  view the full minutes text for item 9.

To consider the report of the Chief Officer, Elections and Regulatory on an application for the certification of a film titled ‘Sambizanga’, to be screened as part of Cinema Africa. The Screening is scheduled to take place on the 29^th October 2023, at Hyde Park Picture House.

The report of the Chief Officer Elections and Regulatory advised Members of an application for the certification of the film ‘Sambizanga’ to be screened as part of Cinema Africa on the 29th October 2023, at Hyde Park Picture House.

RESOLVED – To grant a certificate of 18 to the film Sambizanga.