Agenda item

To receive and consider the attached report of the Chief Officer, Elections and Regulatory

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 Bucovina, 225 Harehills Lane, Harehills, Leeds, LS8 3QH.

The following were in attendance:

-  PC Neil Haywood, West Yorkshire Police

-  Victoria Radford, Entertainment Licensing

-  Emilia Slezak, Public Health

-  Jason Bethell, West Yorkshire Trading Standards

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, public safety and protection of children from harm.  Representations had also been made by Entertainment Licensing, West Yorkshire Trading Standards, Public Health and Local Ward Councillors.

The premises fell within the Harehills Cumulative Impact Area.

The Premises Licence Holder was not in attendance.  The Sub-Committee agreed to proceed with the meeting as it was not in the public interest to adjourn.  All efforts had been made to contact the Licence Holder prior to the meeting including the provision of an interpreter.

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

·  The area had very high rates of alcohol related crime, anti-social behaviour, ambulance call outs and hospital admissions.

·  There had been a widespread failure to adhere to licensing regulations and the law across premises in the Harehills Area and this was not an isolated case.  There had been 15 reviews in the past year and there was an opinion that this was linked to organised crime.

·  There had been a history of the sale of illicit tobacco and cigarettes at the premises.  There had been seizures of counterfeit cigarettes in 2021 and a further seizure of counterfeit and illicit goods in January 2024.

·  Smuggled and counterfeit goods were sold well below market value and there was a loss of revenue to the treasury.  There was also a risk to public health with these goods as materials used were unknown.

·  The Licence Holder had deliberately continued to act outside the law in the pursuit of profit and at the expense of public safety.  It was requested that the licence be revoked.

The Entertainments Licensing representative was invited to address the Sub-Committee.  The following was highlighted:

·  The premises had benefitted from a licence since 2017 and the current licence holder had held the licence since 2021.

·  On 24 January 2024, a multi-agency operation was conducted which included a licensing inspection.  There were several breaches and non-compliance which included the following:

o  CCTV not operating correctly

o  Display of high strength alcohol at locations within the store which it should not have been

o  No refusal register available

o  Part A of the licence was not available for inspection

o  West Yorkshire Trading Standards had seized illicit vapes, tobacco and smuggled goods.

·  A further visit took place in February 2024.  The CCTV was still not operating correctly, Part A of the Licence was still unavailable and the high strength alcohol was still on display in the wrong place.

·  The high strength alcohol was still on display in the wrong places when the premises were visited in March 2024.

·  The licence holder had repeatedly undermined the licensing objectives.  It was requested that the licence be revoked.

The Public Health representative was invited to address the sub-committee.  The following was highlighted:

·  The area had a high number of looked after children and young people who weren’t in education.  There were 10 childcare facilities within a mile of the premises including the Gipsil Academy which was a centre for vulnerable young people.

·  There were a high number of people who suffered from alcohol problems in the area and also a high level of smokers. This influenced children.

·  There were high levels of street drinkers in the area which was harmful to children.

·  The area had a high level of young people in care and also not in education, employment or training.

·  Public Health had concerns regarding the sale of illicit and counterfeit goods as it was not known what substances were contained within these products.

·  Concerns regarding litter and the harmful effects especially on children.

·  There had been a continued practice of committing offences and the licence should be revoked.

In summary, Weat Yorkshire Police reminded the Sub-Committee of the instances of test purchases when illicit goods had been sold and subsequent seizures of goods from the premises.  There had been multiple breaches of the licence and it was requested that the licence be revoked.

The Sub-Committee carefully considered the report of the Chief Officer, Elections and Regulatory, the submissions made in writing and made at the hearing and also the Statement of Licensing Policy.

RESOLVED – That the licence be revoked.