Agenda and minutes

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

RESOLVED – To elect Cllr L Martin 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 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, however supplementary information was circulated to Members prior to the meeting in relation to item 7- Application for the grant of a premises licence for TK Restaurant 486 Harehills Lane Leeds LS9 6NG. With agreement from the Chair, an additional document was tabled, containing details of a proposed Noise Management Plan and Dispersal Policy for the premises. All parties were allowed sufficient time to digest the contents of the tabled document.

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

Councillor A Ali declared an interest; that he had previously played cricket for the Caribbean Cricket Club, Scott Hall Road, Leeds LS7 2HH but this would bear no influence on his decision making for the application at item 6.

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 The Caribbean Cricket Club, for The Caribbean Cricket Club, Scott Hall Road, Leeds, LS7 2HH.

The Chief Officer Elections and Regulatory submitted a report for Member’s consideration on an application for the grant of a premises licence, made byThe Caribbean Cricket Club, Scott Hall Road, Leeds LS7 2HH.

Attending the meeting were:

·  Reginald Hamilton – Secretary for the Caribbean Cricket Club

·  Arshad Mahmood – Member of the Caribbean Cricket Club

The Legal officer explained the procedure for the hearing.

The Licensing Officer presented the application informing the Members of the following points:

• The application had been made by the Caribbean Cricket Club, with the proposed designated premises supervisor (DPS) as Mr Larry Gumbs.
• The application proposed the sale by retail of alcohol for the hours Saturday 12:00 - 00:00 and Sunday to Friday 12:00 - 23:00, late night refreshment for the hours Saturday 23:00 - 00:00, the performance of recorded music for the hours Saturday 12:00 - 00:00 Sunday to Friday 12:00 - 23:00 and performance of live music and entertainment of a similar description for the hours 12:00 - 23:00 every day. Non-standard timings were the day before and after any official Bank Holiday with an extension of permitted hours until 2:00.
• Responsible authorities and Ward Members had been notified of the application.
• Following receipt of the application agreements had been reached between the applicant, Leeds City Council’s Environmental Protection Team (EPT) and West Yorkshire Police (WYP). Measures suggested by those authorities had been accepted by the applicant and, as a result, the representations had been withdrawn.
• Section M of the application form, at page 30 of the report, detailed proposed steps intended to promote the 4 licensing objectives.
• 9 representations had been received from a number of local residents on the grounds of crime & disorder and public nuisance, which remained a matter outstanding for the Licensing Sub Committee’s consideration.
• A copy of the licence details for the existing premises licence was available at Appendix A, a redacted version of the application at Appendix B, a map which identified the location of these premises at Appendix C, a copy of the representation and agreement by the EPT at Appendix D, a copy of the representation and agreement by WYP at Appendix E and redacted copies of the public representations at Appendix F.
• No other licensed premises were noted within the immediate locality of the premises.

The cricket club representatives provided the Sub-Committee with the following information:

• The cricket club had been established in 1948 and was one of the oldest West-Indian organisations in the country.
• An event had been planned to commemorate the Windrush Generation to take place before the end of 2023.
• The cricket club was self-funded, relying on membership fees, to pay for the £3500 annual lease fee to the Council and various running costs. The extended licensed hours applied for were to generate further funding to establish a juniors’ team, incurring various costs in aid of the welfare for young people.
• The most recent event at the premises was held on the 17^th of June 2022 which had received  ...  view the full minutes text for item 6.

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 TK Restaurant & Leisure Ltd, for TK Restaurant, 486 Harehills Lane, Leeds, LS9 6NG.

The Chief Officer Elections and Regulatory submitted a report for Members’ consideration on an application for the grant of a premises licence, made by TK Restaurant, 486 Harehills Lane, Leeds LS9 6NG.

Attending the meeting were:

• Hagos Ghebrehiwet – Part owner of TK Restaurant & Leisure Ltd - On Applicant’s behalf.
• Teklit Tesfay - Part owner of TK Restaurant & Leisure Ltd - On Applicant’s behalf.
• Duncan Craig – Applicant’s Legal Representative
• Max Craig – Legal work experience
• PC Andy Clifford, West Yorkshire Police – Responsible Authority objector
• Carmel Brennand, Licensing Authority – Responsible Authority objector
• Cllr Asghar Khan – Representing Local Business Objector

The Legal Officer explained the procedure for the hearing.

The Licensing Officer presented the application informing the Members of the following points:

• The application had been made by TK Restaurant & Leisure Ltd, with the proposed DPS being Kubrom Gebit.
• The premises intended to operate as a café/restaurant, with a bar.
• In summary, the application is for the Sale of Alcohol (for consumption on the premises only) Monday to Sunday 12:00 – 23:00.
• Responsible authorities and Ward Members had been notified of the application.
• The application had attracted representations from other persons and responsible authorities.
• The iterations of the previous licenses held by the premises were detailed at point 2 on page 64 of the report and the operating schedule at page 69.
• A copy of the redacted version of the application was available at Appendix A, a map which identified the location of these premises at Appendix B, a copy of the representation by WYP at Appendix C, the representation made by the Senior Liaison and Enforcement Officer on behalf of the Licensing Authority at Appendix D, a copy of the EPT representation and agreement available at Appendix E, a redacted copy of the representation made by ‘other persons’ available at Appendix F and a list of premises in the local area and their licensed hours and activities available at Appendix G.
• The applicant’s agent had responded with offered conditions to the WYP and Licensing Authority objections, found in the Supplementary Pack, however both parties still objected on the grounds of the sensitive history of the premises and apparent lack of experience held in running a bar by the applicants.

The applicant’s legal representative provided the following information:

• Although the premises clearly had a significant history, this had stemmed from the involvement of Mr Salman Haydaran, referenced in the WYP and Licensing Authority objections and Mr Haydaran’s alleged inability to promote the licensing objectives.
• The applicant’s legal representative had visited the premises on the morning of the hearing, where a neighbouring shop had invited him in to discuss the application and history of the premises. The history of violence was noted, and the responsible authority objection was understood, however, this was a new business proposal and Members were encouraged to establish trust with the new applicants to follow the licensing objectives.
• The restaurant had 40 covers and conditions were proposed for patrons to only consume alcohol while sitting  ...  view the full minutes text for item 7.