Agenda and minutes

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

RESOLVED – To elect Cllr Farley as 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.

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.

RESOLVED – That, in accordance with Schedule A to the Local Government Act 1972 and the Council’s Access to Information Procedure Rules, the public be excluded from the meeting during consideration of the following parts of the agenda designated as exempt from publication 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 public were present there would be disclosure to them of exempt information so designated as follows:-

1)  That footage presented by the objector regarding Agenda Item 9: Application for the Grant of a Premises Licence for Convenience Store, 145 Oldfield Lane, Upper Wortley, Leeds, LS12 4EX be designated as exempt from publication under the provisions of Access to Information Procedure Rule 10.4 (2) and be considered in private. This is on the grounds that it contains information which is likely to or may reveal the identity of an individual(s). (Minute 9 refers).

2)  That information contained in the supplementary pack regarding Agenda Item 10: Summary Review of the Premises Licence for the New Middleton, 4 Thorpe Street, Middleton, Leeds, LS10 4HD be designated as exempt from publication under the provisions of Access to Information Procedure Rule 10.4 (7) and considered in private. This is on the grounds that it contains information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime, and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information at present. (Minute 10 refers).

There were no formal late items, however, supplementary information was circulated to members and published on the council’s website in relation to Agenda Item 9: - Convenience Store, 145 Oldfield Lane and 10: - The New Middleton, 4 Thorpe Street, Middleton, Leeds, LS10 4HD.

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

No interests were raised.

To receive and consider the attached report of the Chief Officer (Elections and Regulatory) regarding an application for the certification of seven short films to be shown at Hyde Park Picture House, Brudenell Road, Headingley LS6 1JD. The films will be shown as part of Leeds Film Night on Thursday 20^th June 2024.

The report of the Chief Officer (Elections and Regulatory) advised Members of an application for the certification of seven short films to be shown at Hyde Park Picture House, Brudenell Road, Headingley, LS6 1JD. The films to be shown are part of Leeds Film Night on Thursday, 20^th June 2024.

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

It was noted that as per the officer’s comments set out in the submitted report, the promoter’s recommendations are considered suitable when considered in accordance with the BBFC (British Board of Film Classification) Classification Guidelines.

RESOLVED – To grant the following ratings:

Hanging – PG

Together – PG

Hide – PG

Welcome to the Party – PG

Collage – PG

True Colours – PG

Sympathetic Letting – 12A

To receive and consider the attached report of the Chief Officer (Elections and Regulatory) regarding an application for the certification of Crass: The Sound of Free Speech to be shown at Hyde Park Picture House, Brudenell Road, Headingley LS6 1JD. The film will be shown on Friday 21^st June 2024.

The report of the Chief Officer (Elections and Regulatory) advised Members of an application for the certification of Crass: The Sound of Free Speech to be shown at Hyde Park Picture House, Brudenell Road, Headingley, LS6 1JD. The film will be shown on Friday, 21^st June 2024.

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

It was noted that as per the officer’s comments set out in the submitted report and due to shocking imagery, officers believe that the film is more suitable for an 18 rating as per the BBFC Classification Guidelines. It was confirmed that the promoter has been approached and is happy with an 18 rating.

RESOLVED – To grant the following certification:

Crass: The Sound of Free Speech – 18.

To receive and consider the attached report of the Chief Officer (Elections and Regulatory) regarding an application for the certification of two films, Devil Story and I was a Teenage Serial Killer to be screened on Saturday 28th September 2024 at DMC Brewery, Arches 78 & 79 Railway Street, Richmond Hill, Leeds LS9 8HB as part of the Scalarama Film Festival 24.

The report of the Chief Officer (Elections and Regulatory) advised Members of an application for the certification of two films, Devil Story and I was a Teenage Serial Killer to be screened Saturday, 28^th September 2024 at DMC Brewery, Arches 78 & 79 Railway Street, Richmond Hill, Leeds, LS9 8HB as part of Scalarama Film Festival 24.

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

It was noted in the report that the promoter had not provided advance screeners form Members/Officer to view and the request is made for both films to be awarded an 18 rating, subject to a declaration provided by the promoter that no content would be deemed R18 rated when considered in accordance with the BBFC Classification Guidelines.

Members requested clarity on not reviewing screeners in advance of the hearing.

RESOLVED – To grant the following ratings:

Devil Story – 18

I was a Teenage Serial Killer – 18

To receive and consider the attached report of the Chief Officer (Elections and Regulatory) regarding an application for the grant of a premises licence made by Loghman Ahmadi, for Convenience Store, 145 Oldfield Lane, Upper Wortley, Leeds, LS12 4EX.

The report of the Chief Officer (Elections and Regulatory) presented an application for the grant of a premises licence made by Loghman Ahmadi, for Convenience Store, 145 Oldfield Lane, Upper Wortley, Leeds, LS12 4EX.

The following were in attendance for this item:

·  Nick Semper, The Licensing Guys – Applicant’s Representative

·  Loghman Ahmadi – Applicant

·  Councillor A McCluskey – Objector

·  Hazher Ghadery – Interpreter

The Legal Officer outlined the procedure for the hearing and the Licensing Officer summarised the application by highlighting:

·  The applicant has applied for sale by retail of alcohol, every day, 07:00 until 23:00 hours (for consumption off the premises).

·  West Yorkshire Police and the applicant have reached an agreement prior to the hearing resulting in additional conditions being added to the proposed operating schedule.

·  The application has attracted representations from other persons which remain a matter for Member’s consideration, including 21 representations which oppose the application on the grounds of public nuisance and public safety.

·  A local ward member has submitted footage for Member’s to view which has been provided on behalf of a local constituent.

The applicant’s representative informed the Sub-Committee of the following:

·  The Designated Premises Supervisor (DPS) will be the applicant’s nephew.

·  The premises has traded as several different uses including a dessert store, car sales shop and bathroom showroom.

·  The application includes a comprehensive operating schedule, and the applicant can promote the licensing objectives and will not undermine them.

·  There is no evidence to challenge the operating schedule, applicant or DPS. There is also no history of disorder, noise complaints or evidence regarding the premises or any other premises operated by the applicant.

·  Responsible Authorities have not objected to the application.

·  Crash map data has been provided, and there has been 4 slight accidents over a 5-year span. The applicant encourages pedestrian and cycle owners to visit the premises, and has not provided parking.

·  The video footage referred to provided by a local resident, does not evidence any link with the applicant, DPS or anybody who works at the premises. Vehicles parked illegally also have no link with anybody who works at the premises.

·  Commercial demand is not a matter for the Licensing Sub-Committee.

·  It is hoped that parents of children will make use of the premises, and it is not a cause for concern with children walking past the premises.

·  There is no link with money laundering, nor evidence.

·  The applicant will not sell to any patrons who appear drunk, and they will not sell alcohol to street drinkers.

·  Crime map data has been provided regarding anti-social behaviour in the area. There is a marked reduction in Leeds in general and the Farnley and Wortley ward in particular, is at an all-time low.

·  The applicant has offered challenge 25.

·  Fear and speculation are not evidence and there is no associated history or issues with the premises.

In responding to questions from Sub-Committee Members, the applicant and/or his representative confirmed:

·  The bollard which had been removed has not been reinstated.

·  The applicant has  ...  view the full minutes text for item 9.

To receive and consider the attached report of the Chief Officer (Elections and Regulatory) regarding an application made by West Yorkshire Police under section 53A of the Licensing Act 2003, for the summary review of the premises licence in respect of The New Middleton, 4 Thorpe Street, Middleton, Leeds, LS10 4HD.

The report of the Chief Officer (Elections and Regulatory) advised Members of an application submitted on behalf of West Yorkshire Police under section 53A of the Licensing Act 2003, for the summary review of the premises in respect of The New Middleton, 4 Thorpe Street, Middleton, Leeds, LS10 4HD.

West Yorkshire Police are of the opinion that the premises are associated with serious crime or serious disorder or both.

The engagement follows interim steps which Members carefully considered on the 24^th May 2024. Members at that point, unanimously resolved to suspend the licence with immediate effect pending the substantive hearing of the review application.

The following were in attendance for this item:

·  Sarah Blenkhorn, West Yorkshire Police – Review Applicant

·  Paul Rix, Leeds City Council Entertainment Licensing – Representation in support of the application

·  Ewen McGregor, TLT Solicitors – Licence Holder’s Representative

·  Tanya Clowes – Licence Holder

·  Michaela Grainger – Business Partner of the Licence Holder

·  Sharon Dixon – Observer and member of the community

The Legal Adviser to the Sub-Committee outlined the procedure for the hearing and the Licensing Officer outlined the application. Members were informed:

·  The application was made following large-scale disorder at the premises where approximately 30 people exited the venue and multiple fights ensued in the street and property entrance.  One victim received multiple injuries, including a bleed on the brain and a broken cheek bone.

·  Interim Steps were considered on 24 May 2024 – Members resolved to suspend the licence with immediate effect.

·  The application has attracted a representation from Entertainment Licensing in support of the review application.

·  The Licensing Authority received 10 individual letters from members of the public in support of the venue and a petition expressing support for the premises.

·  No subsequent representations on the interim steps decision were lodged.

·  The options available to the Sub-Committee in determining the review.

·  A reminder that Members must have regard to reviewing the interim steps pending the appeal period to ensure there are appropriate and proportionate safeguards in place at all time.

West Yorkshire Police informed the Sub-Committee, highlighting the following information:

·  In 2020, West Yorkshire Police supported a review of the licence sought by Entertainment Licensing when the premises was under a different management.  The licence was revoked.

·  In 2022, West Yorkshire Police objected to an application for the grant of a new premises licence on the grounds of the applicant/proposed DPS lack of experience in managing licensed premises, and connections with the previous licence holder and her family. During the hearing to consider that application. Ms Clowes assured the Sub-Committee that she wouldn’t let fights happen. 5 service calls for fights have since been made and the incident log did not correspond with police record.

·  The recent incident would not have happened if the premises had closed at 11:30pm, as per their licence. The fights resulted in 2 people suffering injuries, including a broken wrist, fractures to the face and a bleed on the brain. CCTV footage can be  ...  view the full minutes text for item 10.