Agenda and minutes

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

RESOLVED – To elect Councillor Hutchison 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 the 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 was a formal item submitted as Agenda item 10 Temporary Event Notice for Lake Victoria Bar and Restaurant, Unit 8, Crossgates Shopping Centre, Station Road, Cross Gates, Leeds, LS15 8ET.

There was also supplementary information submitted for Agenda Item 9 - Application to vary a premises licence held by Grocery Store, 206 Woodhouse Lane.

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.

To receive and consider the attached report of the Chief Officer, Elections and Regulatory to advise the members of an application for the certification of a number of trailers to be shown as part of the advance promotion for Leeds International Film Festival 2022, taking place at Vue Cinema, The Light, on 12^th October 2022.

The report of the Chief Officer Elections and Regulatory advised Members of an application for the certification of 36 film trailers to be shown as part of the advance promotion for Leeds International Film Festival 2022, taking place at Vue Cinema, The Light, on the 12th October 2022.

The report provided Members with the background and procedure of an application made under the Licensing Act 2003 (“the Act”) for the certification of film trailers that do not currently have a BBFC (British Board of Film Classification) certification. A copy of the current BBFC Classification Guidelines was attached at Appendix A for Member’s consideration.

A list detailing the film trailers that requested certification, including, links to view the films online, a synopsis and the applicant’s recommended rating, was provided in the Agenda pack at Appendix B for members.

The following were in attendance for this item:

·  Chris Fell – Director of Leeds International Film Festival

At the hearing, despite best efforts, it was noted that the Sub Committee was made up of two Members, rather than three. All parties to the hearing agreed to proceed with two Members.

The Legal Officer outlined the procedure to be followed.

Members were informed that the Leeds International Film Festival was due to take place between the 13^th and 17^th of November 2022 and a range of trailers and film highlights will be shown to invited customers prior to this event. The trailers and highlights would run for approximately one hour and the proposed rating for all the trailers was 18.

RESOLVED – To grant the film trailers as applied for.

The report of Chief Officer Elections and Regulatory requests Members consideration for an application to vary a premises licence held by Booze Plus, 33 Tong Road, Leeds, LS12 1HQ.

The report of the Chief Officer Elections and Regulatory presented an application to vary a premises licence made by Saqib Ahmed, for Booze Plus, 33 Tong Road, Leeds, LS12 1HQ

RESOLVED – This application was withdrawn and removed from the agenda prior to the Licensing Sub Committee meeting.

The report of the Chief Officer Elections and Regulatory requests Members consideration on an application for the Grant of a Premises Licence for Jamrock Leeds, 30 - 31 Kirkgate, Leeds, LS2 7DR.

The report of the Chief Officer Elections and Regulatory presented an application for the grant of a premises licence for Jamrock Leeds Ltd, for Jamrock Leeds, 30 - 31 Kirkgate, Leeds, LS2 7DR.

In attendance at the hearing were:

• Andrea Forrest – Solicitor
• Oral Blackford – Applicant

At the hearing, despite best efforts, it was noted that the Sub Committee was made up of two Members, rather than three. All parties to the hearing agreed to proceed with two Members.

The Legal Officer set out the procedure for the hearing and the Licensing Officer presented the application. The following was outlined to members:

·  That the premises will operate as a ground floor restaurant with seating capacity for approximately 50 people and proposes the sale by retail of alcohol and late night refreshment.

·  The application was for sale by retail of alcohol (for consumption both on and off the premises) Sunday to Thursday 12:00 – 22:30, Friday and Saturday 12:00 – 01:00, Late Night Refreshment Friday and Saturday 23:00 – 01:30, Non-standard timings On New Year’s Eve from 12.00 to 01.00 hours the following day.

·  The application was for a new license, the premises had previously been a Domino’s Pizza which had surrendered its license in 2020.

·  Representations had been received from statuary consultations, West Yorkshire Police and Environmental Protection; the application had been amended after West Yorkshire Police’s response and they had no further comments, an agreement had been made with the Environmental Protection Team which is contained in Appendix D of the Agenda pack.

·  Three letters of objection had been received from the public which noted concerns of public nuisance.

Andrea Forrest presented the case and the Licensing Sub Committee was informed of the following points:

• The applicant business had previously been joint owned, under the same name at 42 Call Lane, which was predominately a drinking establishment. For the new license at a different premises the intention was to be more food based, as a Caribbean restaurant which would serve cocktails.
• Mr Blackford had previous experience working in a variety of licensed venues and would be the designated premises supervisor (DPS) for Jamrock.
• In response to the three received objections, it was noted, with the business proposed to be food orientated, the noise nuisance would be very limited, the opening hours not extensive and also the referenced courtyard area will not be part of the licensed premises. The Planning Department had supported the approval of the Licensing application and the approved planning application has robust conditions attached which the applicant was content with. A contact phone number had been offered to local residents to voice any concerns they had, and time was given to object with advertisements of the application in the premises window and local newspaper. No objectors were present at the meeting.
• An additional document was circulated at the meeting noting the distances between the premises and location of objectors in order to address the comments received regarding noise and impact on sleep, however some of  ...  view the full minutes text for item 8.

The report of Chief Officer Elections and Regulatory requests Members consideration for an application to vary a premises licence held by Grocery Store, 206 Woodhouse Lane, Woodhouse, Leeds, LS2 9DX.

The report of the Chief Officer Elections and Regulatory presented an application to vary a premises licence made by Mr Sarwat Abdulla Omar, for Grocery Store, 206 Woodhouse Lane, Woodhouse, Leeds, LS2 9DX.

In attendance at the hearing were:

• Robert Jordan - Solicitor
• Sarwat Abdulla Omar - Applicant
• Gary Mann – Environmental Protection Team

At the hearing, despite best efforts, it was noted that the Sub Committee was made up of two Members, rather than three. All parties to the hearing agreed to proceed with two Members.

The Legal Officer set out the procedure for the hearing and the Licensing Officer presented the application which provided the Sub Committee with the following information.

• The premises operates every day for the retail of alcohol for consumption off the premises, 09:00am to 22:00pm under its current license. The application proposed to extend these hours to 00:00 to 23:59pm. The application is also sought to include a service hatch as identified on the plans submitted. This will be in use between 00:00 and 06:00am.
• The application had attracted representations from the Environmental Protection Team & West Yorkshire Police. Agreements between the police and an agreement had been reached prior to the hearing, and consequently their representation was withdrawn. Conditions from the police are at Appendix D of the report and the Environmental Health objections at Appendix E. The Environmental Protection Team’s objection was on the grounds of insufficient information as to the Licensing objective to prevent public nuisance.
• The current license that was proposed to be varied was submitted as a new application in October 2020 and the premises had received no public objection or complaints from the local community; a copy of the original licence is attached at Appendix A.

 The Licensing Sub Committee was informed of the following points by Robert Jordan:

• Some premises within the immediate vicinity of the Grocery Store have a license until 4am, the applicant would be satisfied with also receiving a license from 9am until 4am if deemed appropriate by members of the Sub Committee.
• The current license permitted deliveries between 7am and 7pm which was proposed to stay the time in order to limit any potential disturbance to local residents and any potential noise and nuisance to be expected by the variation could be dealt with via conditions. It was noted there was no evidence of noise transmission to residents living in the flats above the shop and they were separated by concrete floors.
• The mention of potential nuisance via cars parking outside the premises and people buying alcohol and then using seating not located at the premises, for example, outside The Packhorse pub or Mahmood’s restaurant, contained within Environmental Health’s objection, was deemed not relevant by the applicant team as there are bollards and a cycle lane immediately outside the shop front and the seating is not on their site or their issue to deal with, and based on speculation.
• To manage the queues that mat occur the applicant was happy to increase the size  ...  view the full minutes text for item 9.

Report of the Chief Officer Elections and Regulatory requests Members consideration for a Temporary Event Notice for Lake Victoria Bar and Restaurant, Unit 8, Crossgates Shopping Centre, Station Road, Cross Gates, Leeds, LS15 8ET

The report of the Chief Officer Elections and Regulatory presented a report in respect of an event at Lake Victoria Bar and Restaurant, Unit 8, Crossgate Shopping Centre, Station Road, Cross Gates, Leeds, LS15 8ET. The notice has been submitted to authorise licensable activities for a birthday party. The Environmental Protection Team served an objection notice to the Temporary Event Notice (TEN) on the grounds of prevention of public nuisance.

In summary, the application sought licensable activities for the provision of late night refreshment and the provision of regulated entertainment From 19:00 hours on Saturday 15th October until 03:00 hours on Sunday 16th October 2022. It was noted the maximum capacity for the event would be 60 people.

In attendance at the hearing were:

• Jimmy Sydney – Applicant
• Elizabeth Hebbert – Environmental Protection Team

At the hearing, despite best efforts, it was noted that the Sub Committee was made up of two Members, rather than three. All parties to the hearing agreed to proceed with two Members.

The Legal Officer set out the procedure for the hearing and the Licensing Officer presented the application.

• The TEN had been submitted for a birthday event which the Environmental Protect Team had submitted a counter notice against.
• The current license for Lake Victoria was available at page 7 of the late item agenda pack.

The Environmental Protection Officer in attendance provided information relating to the submitted counter notice and objection:

• The current use of the premises was as a restaurant and late night parties were not appropriate for this venue; all local takeaways shut at 11pm and the local pub is only licensed until 1am. The Planning department had also advised when approving the use of the premises that it was covered for use as a restaurant and not a pub or night club. The basis of the objection was on the grounds of potential excessive noise, disturbance to local residents with patrons leaving late at night and the venue being deemed inappropriate for this event. 
• There are concerns that hosting a party involving music and alcohol will lead to public nuisance for residents in flats adjacent to the premises. A complaint had been received from these flats in response to an event held at this premises in June 2022 under a TEN, stating inappropriate noise could be heard until 4am on this night.
• An opening night event had taken place at the premises on the 6^th of August 2022, the Environmental Protection Team hadn’t objected to this as it was considered a one of event but concerns had arose due to the multitude of late night events licensed under TENs that had occurred over the summer.
• Environmental Health had objected to TENs for similar events which were scheduled to take place at the same premises on 9th - 10th July (20:00 - 04:00am) and on 29th - 30th July (20:00 - 03:30am). The July TEN application was withdrawn by the applicant.

 The Licensing Sub Committee was informed of the following points  ...  view the full minutes text for item 10.