Agenda and minutes

Licensing Sub-Committee - Tuesday, 7th May, 2024 10.00 am

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

Contact: Governance Services  Agenda papers will be published on the Council’s website ahead of each meeting. 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 – That Councillor James Gibson be elected as Chair for 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.

 

 

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 was no exempt information.

 

 

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 late items.

 

5.

Declaration of Interests

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

Minutes:

There were no declarations.

 

 

6.

Review of the Premises Licence for Bucovina, 225 Harehills Lane, Harehills, Leeds, LS8 3QH pdf icon PDF 156 KB

To receive and consider the attached report of the Chief Officer, Elections and Regulatory

 

Additional documents:

Minutes:

The report of the Chief Officer, Elections and Regulatory informed the Sub-Committee that West Yorkshire Police had submitted an application under Section 51 of the Licensing Act 2003 for a review of a premises licence in respect of Bucovina, 225 Harehills Lane, Harehills, Leeds, LS8 3QH.

 

The following were in attendance:

 

-  PC Neil Haywood, West Yorkshire Police

-  Victoria Radford, Entertainment Licensing

-  Emilia Slezak, Public Health

-  Jason Bethell, West Yorkshire Trading Standards

 

The Legal Adviser to the Sub-Committee outlined the procedures for the meeting and the Licensing Officer presented the application.

 

It was reported that an application had been served on the Licensing Authority by West Yorkshire Police for a review of the Premises Licence on the grounds of the prevention of crime & disorder, public safety and protection of children from harm.  Representations had also been made by Entertainment Licensing, West Yorkshire Trading Standards, Public Health and Local Ward Councillors.

 

The premises fell within the Harehills Cumulative Impact Area.

 

The Premises Licence Holder was not in attendance.  The Sub-Committee agreed to proceed with the meeting as it was not in the public interest to adjourn.  All efforts had been made to contact the Licence Holder prior to the meeting including the provision of an interpreter.

 

The West Yorkshire Police representative was invited to address the Sub-Committee and was supported by West Yorkshire Trading Standards.  The following was highlighted:

 

·  The area had very high rates of alcohol related crime, anti-social behaviour, ambulance call outs and hospital admissions.

·  There had been a widespread failure to adhere to licensing regulations and the law across premises in the Harehills Area and this was not an isolated case.  There had been 15 reviews in the past year and there was an opinion that this was linked to organised crime.

·  There had been a history of the sale of illicit tobacco and cigarettes at the premises.  There had been seizures of counterfeit cigarettes in 2021 and a further seizure of counterfeit and illicit goods in January 2024.

·  Smuggled and counterfeit goods were sold well below market value and there was a loss of revenue to the treasury.  There was also a risk to public health with these goods as materials used were unknown.

·  The Licence Holder had deliberately continued to act outside the law in the pursuit of profit and at the expense of public safety.  It was requested that the licence be revoked.

 

The Entertainments Licensing representative was invited to address the Sub-Committee.  The following was highlighted:

 

·  The premises had benefitted from a licence since 2017 and the current licence holder had held the licence since 2021.

·  On 24 January 2024, a multi-agency operation was conducted which included a licensing inspection.  There were several breaches and non-compliance which included the following:

o  CCTV not operating correctly

o  Display of high strength alcohol at locations within the store which it should not have been

o  No refusal register available

o  Part A of the licence was not available for inspection

o  West Yorkshire  ...  view the full minutes text for item 6.

7.

Review of the Premises Licence for K & B Stores, 31C Harehills Road, Harehills, Leeds, LS8 5HR pdf icon PDF 130 KB

To receive and consider the attached report of the Chief Officer, Elections and Regulatory

Additional documents:

Minutes:

The report of the Chief Officer, Elections and Regulatory informed the Sub-Committee that West Yorkshire Police had submitted an application under Section 51 of the Licensing Act 2003 for a review of a premises licence in respect of K & B Stores, 31c Harehills Road, Harehills, Leeds, LS8 5HR.

 

The following were in attendance:

 

-  PC Neil Haywood, West Yorkshire Police

-  Victoria Radford, Entertainment Licensing

-  Emilia Slezak, Public Health

-  Jason Bethell, West Yorkshire Trading Standards

 

The Legal Adviser to the Sub-Committee outlined the procedures for the meeting and the Licensing Officer presented the application.

 

It was reported that an application had been served on the Licensing Authority by West Yorkshire Police for a review of the Premises Licence on the grounds of the prevention of crime & disorder, public safety and protection of children from harm.  Representations had also been made by Entertainment Licensing, West Yorkshire Trading Standards, Public Health and Local Ward Councillors.

 

The premises fell within the Harehills Cumulative Impact Area.

 

The Premises Licence Holder was not in attendance.  The Sub-Committee agreed to proceed with the meeting as it was not in the public interest to adjourn.  All efforts had been made to contact the Licence Holder prior to the meeting including the provision of an interpreter.

 

The West Yorkshire Police representative was invited to address the Sub-Committee and was supported by West Yorkshire Trading Standards.  The following was highlighted:

 

·  The area had very high rates of alcohol related crime, anti-social behaviour, ambulance call outs and hospital admissions.

·  There had been a widespread failure to adhere to licensing regulations and the law across premises in the Harehills Area and this was not an isolated case.  There had been 15 reviews in the past year and there was an opinion that this was linked to organised crime.

·  Intelligence had been received that illegal tobacco was being sold at the premises.

·  Illegal tobacco had been discovered in a hidden location by a detection dog.

·  The illicit tobacco had been hidden in a professionally constructed hiding place behind a door frame.

·  Whilst West Yorkshire Police had been in attendance, a customer entered the premises and was ushered out after asking for cigarettes.

·  The illicit goods that were seized were potentially dangerous and sold at a much lower price.  These were aimed at the poorest and most vulnerable in society and would be affordable to children.

·  It was requested that the licence be revoked.

The Entertainments Licensing representative was invited to address the Sub-Committee.  The following was highlighted:

 

·  The premises had benefitted from a licence since 2014 and the current licence holder had held the licence since 2015.

·  There had been breaches in the operation of the licence when the premises had been inspected.  The licence holder had been unable to provide Part A of the Licence and the CCTV system was not operating correctly.

·  It had not been possible to prove that a Personal Licence Holder had been present during sales of alcohol at the premises.

·  There had been a  ...  view the full minutes text for item 7.