Agenda and minutes

Licensing Sub-Committee - Tuesday, 13th 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 – To elect Cllr Luke Farley to the Chair for the duration of 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 against the refusal of inspection of documents.

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 were no exempt items.

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.

5.

Declaration of Interests

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

Minutes:

No declarations of interests were made at the meeting.

6.

Certification of Films – Leeds INDIs Film Festival pdf icon PDF 195 KB

To receive and consider the attached report of the Chief Officer (Elections and Regulatory) which advises Members of an application for the certification of twenty-six films to be shown at The Pyramid Theatre, Leeds University Union, Lifton Place, Leeds, LS2 9JT and The Carriageworks Millennium Square, Electric Press, Leeds LS2 3AD. The films will be shown as part of Leeds INDIs Film Festival, taking place between 23rd February and 25th February 2024.

 

Additional documents:

Minutes:

The report of the Chief Officer, Elections and Regulatory advised Members of an application for the certification of twenty-six films to be shown at The Pyramid Theatre, Leeds University Union, Lifton Place, Leeds, LS2 9JT and the Carriageworks, Millennium Square, Electric Press, Leeds, LS2 3AD.

 

The Licensing Officer presented the application providing the following points:

  • The application was received from Leeds Young Film to have 6 feature length films and 20 short films certified as they are not currently certified by the BBFC.
  • The screening is to take place at the Pyramid Theatre at the Leeds University and the Carriageworks on Millennium Square between Friday 23rd February and Sunday 25th February 2024.
  • A list of the films requiring certification was appended to the report at Appendix A and included links to view the films online. A synopsis had been provided for each film along with the applicant’s recommended classification. The links had been redacted on the published agenda.
  • The BBFC had been made available for Members via a link in the report.
  • Supplementary information had been circulated which provided the comments of officers on the films.

 

It was noted that officers had identified concerns and sought from the promoter any objection they may have to classify the following two films of 12A:

·  Johnny

·  Tomorrow May Rain

 

The promoter was satisfied with those two films to be awarded with a 12A ratings, rather than the PG ratings initially recommended.

 

RESOLVED – To apply the classification as requested, with the exceptions of ‘Johnny’ and ‘Tomorrow May Rain’, which were classified as 12A.

 

7.

Review of the Premises Licence for Biedronka, 225 Roundhay Road, Leeds, LS8 4HS pdf icon PDF 144 KB

To receive and consider the attached report of the Chief Officer (Elections and Regulatory) which informs the Licensing Sub Committee that West Yorkshire Police has served on the Licensing Authority an application under Section 51 of the Licensing Act 2003 for a review of the premises licence in respect of Biedronka, 225 Roundhay Road, Leeds, LS8 4HS.

 

Additional documents:

Minutes:

The report of the Chief Officer, Elections and Regulatory, informed the Sub-Committee that West Yorkshire Police had served on the Licensing Authority an application under Section 51 of the Licensing Act 2003 for a review of the premises licence in respect of Biedronka, 225 Roundhay Road, Leeds, LS8 4HS. The application was made on the grounds of the prevention of crime and disorder and public safety.

 

In attendance for the meeting were:

  • PC Neil Haywood, West Yorkshire Police – Review Applicant
  • Jason Bethell, West Yorkshire Trading Standards – Witness acting for West Yorkshire Police
  • Carmel Brennand, Entertainment Licensing – Representation in support of the review application
  • Councillor Asghar Ali, Local Ward Member – Representation in support of the review application
  • Chetna Patel, Public Health – Representation in support of the review application
  • Mr Alan Amiri, Licence Holder
  • Mr Aziz Ahmed, Refused Transferee
  • GoliShaghouei – Independent Interpreter

 

The Legal Officer set out the procedure for the review.

 

The Licensing Officer presented the application providing the following information:

  • The application for the review was attached at Appendix A.
  • In support of the application and at the time of submission, West Yorkshire Police had provided statements of West Yorkshire Trading Standards Officers. These were attached to the report at Appendix B.
  • The history of the premises was included within the report at Paragraph 2.
  • The main issues to be considered were that between November 2017 and December 2023 the premises had failed a number of test purchases by selling counterfeit and illicit tobacco. The operation had been carried out by West Yorkshire Police and West Yorkshire Trading Standards. During the same period large quantities of counterfeit and illicit tobacco had been seized from the premises and on one occasion, counterfeit contraception and perfumes were seized.
  • Details of the premises licence were appended to the report at Appendix C.
  • A map identifying the location of the premises was attached at Appendix D.
  • Representations in support of the review had been received from Entertainment Licensing, Public Health, and the Gipton & Harehills Ward Councillors. Their representations were attached to the report at Appendix E.
  • Section 182 of the Licensing Act 2003 was provided for Members’ information at Appendix F.
  • Supplementary Information had also been provided by West Yorkshire Police.

 

The Sub-Committee heard the following representations supporting the review of the premises licence:

 

West Yorkshire Police along with their witness from West Yorkshire Trading Standards.

  • An application was made on 18th December 2023, on the grounds of crime and disorder and public safety. However, the police requested that the Sub-Committee also consider the application on the grounds of the protection of children from harm.
  • The Harehills area is a designated Cumulative Impact Area (CIA) as it has a very high anti-social behaviour rate, crime rate and violent crime rate, where alcohol is a factor. The area also has a high number of hospital stays and ambulance call outs where alcohol is a factor.
  • This review was not for an isolated case but one of  ...  view the full minutes text for item 7.