Agenda and minutes

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

RESOLVED – To elect Councillor L Farley as 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 were no formal late items.

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.

The report of the Chief Officer, Elections and Regulatory advises the Licensing Sub Committee Members of an application for the certification of two films titled, ‘The Seashell and the Clergyman’ and ‘Foreign Body’ to be screened on 13^th October 2024 at Hyde Park Picture House, 73 Brudenell Road, Headingley LS6 1JD.

The report of the Chief Officer (Elections and Regulatory) advised Members of an application for the certification of two films titled, ‘The Seashell and the Clergyman’ and ‘Foreign Body’ to be screened on 13^th October 2024 at Hyde Park Picture House, 73 Brudenell Road, Headingley LS6 1JD.

Members were informed that the promoter was available by phone should they have any questions.

The Licensing Officer presented the application providing Members with the following points:

• An application had been received from Hyde Park Picture House to certify the films titled, ‘The Seashell and the Clergyman’ and ‘Foreign Body’ as they were not currently certified by the BBFC. The screening was scheduled to take place at on 13^th October 2024 at Hyde Park Picture House, 73 Brudenell Road, Headingley LS6 1JD.
• Officers had viewed the two films in advance of the meeting and had provided comments which were available at appendix B. There were no concerns with the ratings as requested.

It was noted that as per the officer’s comments set out in the submitted report, the promoter’s recommendations were considered suitable when considered in accordance with the BBFC Classification Guidelines.

RESOLVED – To grant the following ratings:

The Seashell and the Clergyman – 12A

Foreign Body – PG

The report of the Chief Officer, Elections and Regulatory advises the Licensing Sub Committee Members of an application for the certification of a film titled, ‘Mary Jane’s not a Virgin Anymore’ to be screened on 29^thSeptember 2024, at Hyde Park Picture House, 73 Brudenell Road, Headingley, Leeds LS6 1JD.

The report of the Chief Officer (Elections and Regulatory) advised Members of an application for the certification of a film titled, ‘Mary Jane’s not a Virgin Anymore’ to be screened on 29^th of September 2024, at Hyde Park Picture House, 73 Brudenell Road, Headingley, Leeds LS6 1JD.

Members were informed that the promoter was available by phone should they have any questions.

The Licensing Officer presented the application providing Members with the following points:

• An application had been received from Hyde Park Picture House to certify the film titled, ‘Mary Jane’s not a Virgin Anymore’ to be screened on 29th September 2024, Hyde Park Picture House, 73 Brudenell Road, Headingley, Leeds LS6.
• Officers had not viewed the film in advance, however, were content with the applicant’s declaration, detailed at appendix A, that the contents of the film did not require a higher rating of R18.

The promoter’s recommendations were considered suitable when considered in accordance with the BBFC Classification Guidelines.

RESOLVED – To grant the following rating:

Mary Jane’s not a Virgin Anymore – 18

The report of the Chief Officer, Elections and Regulatory requests Members Consideration on an application to vary a premises licence made by Antonio Carlos Duarte Soares, for Sabura, 246 Dewsbury Road, Hunslet, Leeds, LS11 6JQ.

The report of the Chief Officer Elections and Regulatory requested Members consideration of an application to vary a premises licence made by Antonio Carlos Duarte Soares, for Sabura, 246 Dewsbury Road, Hunslet, Leeds, LS11 6JQ.

Present at the meeting were:

• Antonio Carlos Duarte Soares – Applicant/Designated Premises Supervisor
• Vera Lucia Duarte Soares – Director of Sabura Ltd
• Tony Clarke – Applicant’s Representative/JMC Licensing Consultant
• Councillor Ed Carlisle – Hunslet and Riverside Elected Ward Member

The Legal Officer set out the procedure for the hearing. A request was made by the Applicant’s Representative for the Chair to allow an additional 5 minutes to make their submission to the Sub-Committee, which was denied.

The Licensing Officer presented the application providing the following details:

• The application was submitted to vary a premises licence made by Antonio Carlos Duarte Soares, for Sabura, 246 Dewsbury Road, Hunslet, Leeds, LS11 6JQ.
• The variation was to amend the plans to include the outdoor eating area at the front of the premises, to add conditions to the premises licence and to extend the hours of licensable activities.
• The amended hours proposed were to extend the hours for the Sale by Retail of Alcohol to Sunday to Thursday 11:00 to 00:00 and Friday and Saturday 11:00 to 01:30 and the hours for Late Night Refreshment to Sunday to Thursday 23:00 to 23:30 and Friday and Saturday 23:00 to 00:00.
• The application had attracted representations from West Yorkshire Police (WYP), the Environmental Protection Team (EPT) and other persons. Those representations had been withdrawn following agreements being reached.
• Representations had been received from two Local Ward Councillors; however, one has been withdrawn following the applicant agreeing to reduce the hours for licensable activities. The other Local Ward Councillor representation remained outstanding for the Sub Committee’s consideration.
• The application had originally been considered at a Sub-Committee hearing on the 20^th of August 2024, however, without representation on behalf of the applicant present at the hearing, Councillor Carlisle had made an application to adjourn the hearing to allow further discussion to be had between himself and the applicant.
• A background of application for the premises was outlined as; the application for the grant of a premises licence was approved by the Licensing Authority in July 2019, then an application to vary the licence was submitted in February 2021 which sought to extend the hours for licensable activities and attracted representations, with the Sub-Committee resolving to grant the licence, subject to reducing the hours applied for and attaching additional conditions. Applications to transfer the licence to the current holder and to specify the current DPS were received by the Licensing Authority in July 2023 which were granted as applied for.
• A copy of the existing licence was available at appendix A, a copy of the variation application form was available at appendix B, details for the WYP, EPT agreements were available at appendix E and F, respectively.
• The representation and withdrawal agreement from Councillor P Wray was available at appendix G. details of  ...  view the full minutes text for item 8.

The report of the Chief Officer, Elections and Regulatory requests Members Consideration on an application to vary a premises licence held by Eri Red Sea Ltd. in relation to Eri Red Sea, 97 Roundhay Road, Leeds, LS8 5AQ.

The report of the Chief Officer Elections and Regulatory presented an application to vary a premises licence held by Eri Red Sea Ltd. in relation to Eri Red Sea, 97 Roundhay Road, Leeds, LS8 5AQ.

Present at the meeting were:

• Sue Duckworth – Entertainment Licensing Leeds City Council (LCC)
• Vanessa Holroyd – Environmental Protection Team LCC
• Emelia Slezak – Public Health LCC
• Councillor Salma Arif
• PC Neil Haywood WYP

There was no attendance by or on behalf of the Applicant.  The Applicant’s sole director was contacted by licensing officers, and this communication was reported to the Committee. The Director still did not attend the hearing and did not request that the hearing be adjourned.  After suggesting he could get to the hearing in 30 minutes, he subsequently informed officers that he would not be attending.

The Committee therefore had to decide whether to proceed with the hearing in the Applicant’s absence or to reschedule the hearing. The parties present all wished for the hearing to take place on the day.  Having regard to the provisions of Regulation 12(1) of the Licensing Act 2003 (Hearings) Regulations 2005 (“the Regulations”), the Committee did not consider it to be necessary for its consideration of the application for the hearing to be adjourned.  The Application was before them and it was clear what was being sought and why.  With regard to Regulation 20 of the Regulations, the Committee did not consider it to be in the public interest to adjourn the hearing.  There would be a cost to the Authority and the other attendees, no guarantee that the Applicant would arrange attendance if adjourned and the Director had ultimately indicated that he would not attend.  The Committee therefore decided unanimously to proceed in the Applicant’s absence.

The Legal Officer outlined the procedure for the meeting, noting that in the applicant’s absence, Members were to take the documentation provided in support of the application into consideration and that the objectors were to be allowed the 15 minutes per party to make their case to the Sub-Committee.

The Licensing Officer presented the application providing Members with the following points:

• The application proposed to extend the hours for the Sale by Retail of Alcohol and the hours the premises were open to the public.
• The application had attracted representations from Entertainment Licensing, EPT, Public Heath, WYP and all three Local Ward Councillors. The premises was also within the Harehills and Burmantofts Cumulative Impact Area (CIA).
• A copy of the existing licence was available at appendix A and a copy of the variation application form was available at appendix B. The application sought to extend Sale by Retail of Alcohol to Monday to Thursday 07:00 - 03:00 and Friday to Sunday 07:00 - 05:00 and also extend the hours the premises were open to the public to Monday to Thursday 07:00 - 03:00 and Friday to Sunday 07:00 - 05:00.
• Entertainment Licensing, EPT, Public Health, WYP, Councillors S Arif and A Ali and Councillor M Ali objections were  ...  view the full minutes text for item 9.