Agenda and minutes

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

RESOLVED – To elect Councillor L Farley as Chair prior to the start 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.

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, however, supplementary information was circulated to Members in relation to Agenda Item 6 - Review of the Premises Licence for Baba Jaga, 107 Harehills Road, Harehills, Leeds, LS8 5HS & Agenda Item 7 - Review of the Premises Licence for Potraviny Danko, 39 Compton Road, Burmantofts, Leeds, LS9 7BJ.

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

No declarations of interests were raised.

To receive and consider the attached report of the Chief Officer (Elections and Regulatory) advising Members that West Yorkshire Police has served on the Licensing Authority an application under Section 51 of the Licensing Act 2003 for a review of the premises licence in respect of Baba Jaga,107 Harehills Road, Harehills, Leeds, LS8 5HS.

The report of the Chief Officer (Elections and Regulatory) advised Members that West Yorkshire Police had served on the Licensing Authority, an application under Section 51 of the Licensing Act 2003 for a review of the premises licence in respect of Baba Jaga,107 Harehills Road, Harehills, Leeds, LS8 5HS.

The application to review the licence followed a joint operation in collaboration with West Yorkshire Police, Leeds City Council’s Entertainment Licensing Section, His Majesty’s Revenue & Customs and West Yorkshire Trading Standards.

The following were in attendance for this item:

·  PC Andy Clifford, West Yorkshire Police (WYP)

·  Jason Bethell, West Yorkshire Trading Standards (WYTS)

·  Carmel Brennand, LCC Entertainment Licensing

·  Emilia Slezak, LCC Public Health

·  Councillor Salma Arif, Elected Ward Member for Gipton & Harehills

·  Councillor Asghar Ali, Elected Ward Member for Gipton & Harehills

·  Muzafar Piroti, Designated Premises Supervisor (DPS), Premises Licence Holder (PLH) and Director of Baba Jaga Yorkshire Ltd.

·  Nicola Raper, LCC Entertainment Licensing - Observer

·  Victoria Radford, LCC Entertainment Licensing – Observer

The Licence Holder’s representative put forward an application to the Sub-Committee for the application to be deferred until a later date, this was a written submission, sent to Sub-Committee Members as Supplementary Pack 4. He explained that he was only made aware of the hearing on the 5^th of January 2024 and had not been given a lot of time to read all of the relevant information, it was also alluded that some of the information provided in the application and supporting representations was not relevant. The legal representative had explained they needed more time to prepare for the hearing. In considering this request, WYP, Leeds City Council’s Entertainment Licensing and Public Health advised the licence holder had been notified of the review application on receipt, was served with notice of the hearing in the prescribed timescale and given an ample amount of time to instruct legal representation. The parties also raised concerns regarding the safety of children and the public in deferring the hearing.

Sub-Committee Members posed questions to the PLH as to why there had been a delay in instructing a legal representative and what contents of the application or supporting representations were not relevant. In response it was asserted by the PLH that identifying a suitable legal representative had taken a significant amount of time and the claims alcohol has been sold on early mornings, outside of the premises licensed hours, was incorrect and the CCTV non-compliance was an error by staff and was not intentional.

Deliberations took place for Sub-Committee Members to consider the adjournment application.

Upon returning to the room, Sub-Committee Members resolved to refuse the application to defer the hearing. Members felt that adequate time has been provided for the licence holder to instruct a solicitor and to accept the deferral would have incurred significant time and resources for the Sub-Committee and parties making representations who had attended today. Given the seriousness of the alleged conduct and risk to the licensing objectives it was not in the public interest to adjourn the  ...  view the full minutes text for item 6.

To receive and consider the attached report of the Chief Officer (Elections and Regulatory) advising Members that West Yorkshire Police has served on the licensing authority an application under Section 51 of the Licensing Act 2003 for a review of a premises licence in respect of, 39 Compton Road, Burmantofts, Leeds, LS9 7BJ.

The report of the Chief Officer (Elections and Regulatory) informed the Sub-Committee that West Yorkshire Police has served on the Licensing Authority an application under Section 51 of the Licensing Act 2003 for a review of a premises licence in respect of 39 Compton Road, Burmantofts, Leeds, LS9 7BJ.

The grounds for review related to the seizure of illicit tobacco and non-duty paid alcohol and the sale of alcohol to underage persons.

The following were in attendance for this item:

·  PC Andy Clifford, West Yorkshire Police (WYP)

·  Jason Bethell, West Yorkshire Trading Standards (WYTS)

·  Carmel Brennand, LCC Entertainment Licensing

·  Emilia Slezak, LCC Public Health

·  Councillor Salma Arif, Elected Ward Member for Gipton & Harehills

·  Councillor Asghar Ali, Elected Ward Member for Gipton & Harehills

·  Chris Rees-Gay, Woods Whur – Licence Holder’s Representative

·  Nicola Raper, LCC Entertainment Licensing - Observer

·  Victoria Radford, LCC Entertainment Licensing – Observer

The licence holder’s legal representative put forward an application to the Sub-Committee for the application to be deferred until a later date, suggested as the 23^rd of January 2023. He explained that he was only made aware of the hearing on the 2^nd of January 2024 and had not been given sufficient time to read all of the relevant information or to provide a detailed case. He also stated that the Premises Licence Holder (PLH) asserted that he had not received notice of the hearing. The legal representative summarised by explaining they needed more time to prepare for the hearing. In considering this request, WYP, Leeds City Council’s Entertainment Licensing and Public Health believed an ample amount of time had been given for all documentation to be considered and raised concerns regarding the safety of children and the public in deferring the hearing.

The Licensing Officer confirmed the review application was served on the licence holder on the 10^th of November 2023, a site notice advertising the review application was in situ at the premises on the 13^th of November 2023 and letters advising the licence holder were hand delivered directly to the premises and posted to the licence holder’s residential address on the same day, notice of the hearing had been sent to the licence holder on the 14^th of December 2023 via email to a previously verified email address and the legal representative had been instructed on the 21^st of December 2023.  The Licensing Officer agreed that a notice of the hearing had not been contained in those documents sent to the representative.

Deliberations took place for Sub-Committee Members to consider the application.

Upon returning to the room, Sub-Committee Members resolved to refuse the application to defer the hearing. They concluded that adequate time has been provided for the licence holder to instruct a solicitor. To accept the deferral would have incurred significant time and resources for the Sub-Committee and the parties making representations who had attended today. When taken together with the seriousness of the alleged conduct and risk to the licensing objectives it was not considered  ...  view the full minutes text for item 7.