Agenda and minutes

To declare any personal/prejudicial interests for the purpose of Section 81(3) of the Local Government Act 2000 and paragraphs 8 to 13 of the Members Code of Conduct

There were no declarations of interest

To consider the report of the Director of Legal and Democratic Services on an application received from West Yorkshire Police seeking a Review of the Premises Licence held at the premises known as “Convenience Store”, 87 Whinmoor Crescent, LS14 1EQ

(Report attached)

Please Note: Appendix 3 of the report provided by West Yorkshire Police contains information they have requested be regarded as confidential.

(Appendix 3 pages 87 to end)

The Committee considered a Review of the Premises Licence currently held at the above premises which had been necessitated following application made by West Yorkshire Police under Section 51 of the Licensing Act 2003 having regard to all the stated licensing objectives for the City:

The Committee had received and considered the written submissions of West Yorkshire Police (WYP), local residents and LCC Anti Social Behaviour Unit prior to the hearing. It was noted that much of the evidence supplied by WYP was regarded as confidential and was not available to the public due to the nature of the information relating to actual crime reports and statistics; however it was referred to verbally at the hearing.

The Committee dealt with a request to adjourn the hearing made by the legal representative for the Premise Licence Holder (PLH) who felt that the human rights of the PLH were adversely affected because cross examination was not permitted. Legal advice confirmed that the Licensing Act 2003 did not provide for cross-examination and the accepted procedure for the hearing allowed the PLH to hear all evidence prior to their own submission. The Committee regarded this as a fair and reasonable way to proceed and did not therefore grant the request.

Just prior to the hearing the Committee received requests to allow additional documents both from the applicant and from the PLH to be included within the papers to be considered at the hearing. Having noted that both parties accepted these documents, the Committee accepted the submissions as evidence to be considered at the hearing.

In brief, WYP had become increasingly concerned about the frequent and repeated sales of alcohol from this premise to persons of insufficient age. WYP presented evidence to support this claim including local crime rate statistics; incident logs and witness statements which they believed showed the impact of alcohol sales to under age persons on the locality. Local residents independently submitted representations which supported this and also revealed incidents of anti social behaviour, low level crime and disorder and public nuisance which they related directly to the operation of the Convenience Store and its continued sale of alcohol to persons under the age of 18 years

The Committee considered the verbal submissions from Mr Ian Skelt – Counsel – on behalf of WYP. Who was accompanied by the following;

Mr Percival – from the Office of the Force Solicitor

Ms W Hainsworth – LCC Anti Social Behaviour Unit

Mr Bob Patterson – Licensing Officer for WYP

PC L Dobson  }

PC S Buxton  } WYP

PC A Collinson  }

The Committee also heard representation from a group of local residents who attended the hearing:

Mr T Paul

Mrs A Paul

Mrs L Bowers

Mrs M Edwards

The Committee also considered the verbal submissions of Mr Tim Wells – solicitor for Mr P S Chhokar – the Premise Licence Holder at the Convenience Store. Mr Wells was accompanied by the following:

Mr P S Chhokar – Premises Licence Holder

Mr H Chhokar  ...  view the full minutes text for item 37.