Agenda and minutes

Licensing Sub-Committee - Tuesday, 6th February, 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 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 of business.

 

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 Booze 4 U, 220 Roundhay Road, Leeds, LS8 5AA pdf icon PDF 129 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 Booze 4 U, 220 Roundhay Road, Leeds, LS8 5AA.

 

The following were in attendance:

 

-  PC Neil Haywood, West Yorkshire Police

-  Carmel Brennand, Entertainment Licensing

-  Emilia Slezak, Public Health

-  Jason Bethell, West Yorkshire Trading Standards

-  Councillor Asgar Ali, Local Ward Councillor

-  Nicola Raper, Entertainment Licensing

 

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 and public safety.  Representations had also been made by Entertainment Licensing, West Yorkshire Trading Standards and Local Ward Councillors.  Public Health were in attendance to support the representations made by Local Ward Councillors.  The premises fell within the Harehills Cumulative Impact Area.

 

The Premises Licence Holder was not in attendance.

 

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

 

·  When the application was submitted the representation should have also included the protection of children from harm.

·  The premises fell within the cumulative impact area and there were widespread problems and very high risk factors relating to alcohol related crime, ambulance call outs and hospital admissions.

·  There was a widespread failure of premises within the area to act in accordance with the law.

·  There had been serious breaches of the licence at the premises.  Joint operations with West Yorkshire Police and West Yorkshire Trading Standards had led to the seizure of counterfeit and illegal cigarettes and tobacco.

·  The Licence Holder had ignored previous warnings and continued to sell counterfeit and illegal goods.  These were goods smuggled in to the country by organised criminal gangs and the proceeds were used to fund further criminality.

·  It was requested that the Licence be revoked.

 

The Entertainment Licensing representative addressed the Sub-Committee.  Issues highlighted included the following:

 

·  The premises had had the same Designated Premises Supervisor (DPS) and Premises Licensing Holder since November 2021.  It was expected that the DPS should have a better knowledge of the Licensing Act than had been demonstrated by operations at the premises.

·  The sub-committee was given a timeline of issues that had occurred at the premises during the management by the current DPS.  These included visits that had resulted in the seizure of illicit goods; failure to pay licensing fees which made it illegal to sell alcohol and other issues which breached conditions of the licence including failure to operate the CCTV system correctly.

·  There had been a continued sale of counterfeit and illicit tobacco and illegal vapes.  There had also been the sale of alcohol during periods when the Licence was suspended.  This was  ...  view the full minutes text for item 6.

7.

Review of the Premises Licence for Gold Classic, 315 Harehills Lane, Harehills, Leeds, LS9 6AA pdf icon PDF 113 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 Gold Classic, 315 Harehills Lane, Harehills, Leeds, LS9 6AA.

 

The following were in attendance:

 

-  PC Neil Haywood, West Yorkshire Police

-  Carmel Brennand, Entertainment Licensing

-  Emilia Slezak, Public Health

-  Jason Bethell, West Yorkshire Trading Standards

-  Councillor Asgar Ali, Local Ward Councillor

-  Mr Hemen Jalal – DPS, Gold Classic

-  Nicola Raper, Entertainment Licensing

 

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 and public safety.  Representations had also been made by Entertainment Licensing, West Yorkshire Trading Standards and Local Ward Councillors.  Public Health were in attendance to support the representations made by Local Ward Councillors.  The premises fell within the Harehills Cumulative Impact Area.

 

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

 

·  When the application was submitted the representation should have also included the protection of children from harm.

·  The premises fell within the cumulative impact area and there were widespread problems and very high risk factors relating to alcohol related crime, anti-social behaviour, ambulance call outs and hospital admissions.

·  There was a widespread failure of premises within the area to act in accordance with the law.

·  There was organised criminal activity that was linked to a number of stores in the area.

·  There had been multi-agency work to tackle illegal activity and non-compliance at licensed premises within Harehills.

·  There had been an operation which had resulted in the seizure of illegal vapes and illicit cigarettes from the premises.  The cigarettes were from Belarus and had not been subject to duty payments.  The Sub-Committee was informed that the legal limit for vapes which contained nicotine was 2ml and that the seized goods were in excess of this.

·  There was also evidence of the premises remaining open after permitted hours.

·  It was requested that the licence be revoked.

 

The Entertainment Licensing representative addressed the Sub-Committee.  Issues highlighted included the following:

 

·  The premises had had a licence since Mar 2014 although it had been under suspension due to non-payment of fees.  The previous owner of the premises surrendered the licence on 10th July 2023.

·  The premises had been visited by Licensing Officers and West Yorkshire Police later in July 2023 following the sale of the premises and there had been alcohol on display and for sale without a licence.  The premises owner, Mr Jalal had been been advised of the requirement to pay the outstanding fees so the licence could be reinstated.  Prior to the payment of the fees, there  ...  view the full minutes text for item 7.