Agenda and minutes

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

RESOLVED – To elect Cllr 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 Members of an application for the certification of Spell Reel & O Regresso de Amilcar Cabral to be shown at Hyde Park Picture House, Brudenell Road, Headingley LS6 1JD. The film will be shown as part of their Tuesday Wonders Documentary Strand on Tuesday 29th October 2024.

The report of the Chief Officer (Elections and Regulatory) advised Members of an application for the certification of Spell Reel & O Regresso de Amilcar Cabral to be shown at Hyde Park Picture House, Brudenell Road, Headingley LS6 1JD. The film will be shown as part of their Tuesday Wonders Documentary Strand on Tuesday 29th October 2024.

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:

• As the films did not hold a national British Board of Film Classification (BBFC) rating, it was a requirement of the Licensing Authority to certify the films ratings, which would apply to the Leeds district only.
• Both the films had been suggested for a PG rating and the contents of the films were historical video footage related to the decolonisation of Guinea-Bissau from Portuguese control.

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 Classification Guidelines.

RESOLVED – To grant the following ratings:

Spell Reel – PG

O Regresso de Amilcar Cabral – PG

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 Brigante Ltd., for Caffe Brigante, Venture House, 17 Hunslet Road, Hunslet, Leeds, LS10 1QN.

The report of the Chief Officer Elections and Regulatory requested Members consideration of an application for the grant of a premises licence made by Brigante Ltd., for Caffe Brigante, Venture House, 17 Hunslet Road, Hunslet, Leeds, LS10 1QN

Present at the meeting were:

• Ahmad Alrababa – Applicant / Proposed Designated Premises Supervisor (DPS)

The Legal Officer set out the procedure for the hearing.

The Licensing Officer presented the application providing the following details:

• The application was for the premises to operate as a café/bar, proposing the Sale by Retail of Alcohol (for consumption on the premises) Monday to Sunday 7am to 11pm.
• A redacted copy of the application form was available at appendix A, from page 11 of the report.
• Agreements had been reached with responsible authorities, West Yorkshire Police (WYP) and the Environmental Protection Team (EPT), with details of the proposed conditions available at appendix C and appendix D.
• There were three objections from other persons, primarily focused on public nuisance concerns, which remained outstanding matters for consideration by Members. 
• The options available to Members were outlined as: grant the application as requested, grant the application whilst imposing additional conditions and/or altering in any way the proposed operating schedule, refuse to specify the said person as the DPS or reject the whole or part of the application.

The applicant addressed the Sub-Committee providing the following information:

• The objections were perceived to be based on a misunderstanding as to what the application and business operations were proposing. Assurance that the premises was not altering the café business model was provided for residents in the upstairs flats, the landlord and property management company.
• Discussions that there may be a future intent to sell some alcohol at the premises had occurred during initial conversations when considering renting the property from the landlord.
• Before enacting any licensable activities, agreement with all interested parties was sought in order to provide clarity of business operations, maintain good communication and create a cooperative, harmonious way forward. 

In response to questions from Members the following points were noted:

• The process for resolving the objection to the application by the landlord, that was detailed on page 43 of the agenda pack, was queried. It was outlined that further conversations were needed with all objecting parties, but a recent meeting with the landlord and property management company had concluded with a potential way forward and some agreements.
• Upon signing the contract with the landlord, the applicant had noted the future intention to possess a sale by retail of alcohol licence in order to be able to offer products such as Irish coffees and tiramisus to customers. During these early conversations, it had been outlined to the applicant that the property management company were likely to object, however, it was thought they had misinterpreted the business model, believing cocktails, wine and beer would be the main products for sale.
• As the proposed licensed hours for the application were from 7am daily it was confirmed that these hours had been applied  ...  view the full minutes text for item 7.

To receive and consider the attached report of the Chief Officer (Elections and Regulatory) regarding an application to vary a premises licence, made by Mr Daniel Gary Fallas, for Greens Leeds Limited 841 York Road, Leeds, LS14 6AA.

The report of the Chief Officer Elections and Regulatory presented an application to vary a premises licence, made by Mr Daniel Gary Fallas, for Greens Leeds Limited 841 York Road, Leeds, LS14 6AA.

Present at the meeting were:

• Daniel Gary Fallas – Applicant / Proposed DPS

The Legal Officer outlined the procedure for the meeting.

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

• The application was made following a new operator taking control of the premises and sought to extend the hours for the Sale by Retail of Alcohol and Recorded Music, to add Live Music and to amend the conditions attached to the licence. The hours proposed for all activities were, Monday to Thursday 08:00 - 23:30, Friday & Saturday 08:00 - 00:00 and Sunday 08:00 - 23:30.
• A copy of the existing licence was available at appendix A and the application form for the variation was detailed at appendix B.
• Agreements had been reached with responsibility authorities, WYP and EPT, with details of proposed conditions available at appendix F and appendix G.
• There was one representation submitted in objection to the application from other persons, which remained an outstanding matter for consideration by Members.
• The options available to Members were outlined as: grant the application as requested, grant the application whilst imposing additional conditions and/or altering in any way the proposed operating schedule, refuse to specify the said person as the designated premises supervisor or reject the whole or part of the application.

The applicant addressed the Licensing Sub Committee and informed them of the following points:

• The contents of the outstanding objection comment were perceived to be based upon the poor operations of the previous owner of the premises and were not considered applicable to this application.
• The applicant had worked within hospitality for over 12 years, as well as working in security for 9 years. There were already strict measures in place to address any issues of crime and disorder and drug use.
• The premises had been operating for 5 weeks without any complaints being received.
• A further objection comment from a local resident, based on drug use and noise concerns, had been withdrawn following an explanation to the resident that the new business operations did not involve the previous operator.
• The premises held a zero tolerance to drug use policy and conducted door searches when necessary as well as regular toilet checks. The concerns for crime and disorder, drug use and reckless driving were not considered relevant to this application as it was based on issues that had occurred during the time the premises was operated by another business.
• Since opening, there was one patron that had driven to the premises who had been a designated driver and consumed no alcohol, they had also received a discount on their soft drinks as an offer of gratitude for safe conduct.
• The hours applied for were based against the business plan with the intention to offer bookings for small gatherings and events such as  ...  view the full minutes text for item 8.