Agenda and minutes

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

RESOLVED - Councillor N Buckley was elected 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 was no exempt information.

There were no formal late items, but supplementary information was circulated to Members in relation to Item 8 & Item 9.

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

There were no declarations of interests.

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

The report of the Chief Officer Elections and Regulatory advised the Licensing Sub Committee of an application for the certification of a number of short films to be shown at Everyman Cinema, 412 Trinity Leeds, Albion Street, Leeds, LS1 5AY. The films will be shown as part of two-day short film festival called In Short, screened on the 21st and 22nd April 2023.

In attendance were:

• Alex King – Applicant – Leeds Film
• Eleanor Hales – Leeds Film

The applicant had provided advance screeners and recommended classifications for each film. To assist Members with their deliberation, officers of the Licensing Authority had viewed the available films. The BBFC (British Board of Film Classification) film classification guidance was made available to Members.

The Applicant provided Sub-Committee Members with the following information:

• The film festival will be comprised of 4 programmes of short films, in collaboration with the European Union Delegation and LEEDS 2023, taking place in Leeds from 21^st – 22^nd April 2023.
• The recommended classifications had been devised against BBFC guidance.
• The expected audience will mainly be of adult age, however, one of the programmes was targeted towards young adults and teenagers and due to cross promotion, there will be potential for younger people to attend the whole event.

RESOLVED: That the films to be screened as part of In Short Festival be awarded the following certifications, as requested:

• Hedgehog's Home – 12A
• For Tomorrow Paradise Arrives – 12A
• PIMEÄN VIERAAT / STRANGERS IN THE DARK – 12A
• Hannah's Dream – 12A
• Airborne – 12A
• Bolo raz jedno more... / Once There Was a Sea... – 12A
• Rev (Dream) - 15
• Electrician’s Day - 15
• ELENA - 15
• Intercom 15 - 15
• Powernapper’s Paradise - 15
• Dreaming - 15
• Garconne - 15
• Resistance / Widerstand - 15
• The Penguin's Flight - 15
• End of Puberty - 15
• Perpetua felicidad/Eternal Happiness - 15
• A L’ANCIENNE - 15
• Deep Water - 15
• DASH - 15
• Candy – 15
• Sisters - 15
• Fabiu – 15
• Amours libres - 15

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

The report of the Chief Officer Elections and Regulatory advised the Licensing Sub Committee of an application for the certification of a number of short films to be shown at Headingley Enterprise And Arts Centre, Bennett Road, Headingley, Leeds, LS6 3HN. The films will be screened on the 8th April 2023 and all films request a U certificate.

There was no applicant or representative present at the hearing.

The applicant had provided advance screeners and recommended classifications for each film. To assist Members with their deliberation, officers of the Licensing Authority had viewed the available films. The BBFC film classification guidance was made available to Members.

RESOLVED: That the films to be screened as part of London International Animation Festival be awarded the following certifications, as requested:

• My Name is Fear - U
• Little Goat Man - U
• Swing - U
• Bellysaurus - U
• Fox for Edgar - U
• Meta - U
• The Adventures of Goar - U
• Sign Up! - U
• Heartwood - U
• How Shammies Travelled – U
• Lost Brain - U
• The Smortlybacks Come Back! - U

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

The Sub-Committee received the report of the Chief Officer Elections and Regulatory regarding the application to Grant a Premises Licence for Fulneck Golf Club, Fulneck, Pudsey, LS28 8NT

In attendance were:

• Robert Wagner – Applicant - Fulneck Golf Club Director
• Sean Wood – Proposed DPS (designated premises supervisor) – Fulneck Golf Club General Manager

The Legal Officer outlined the procedure to be followed.

The Licensing Officer presented the application, highlighting the following points:

• The application had been made by Fulneck Golf Club Ltd, for Fulneck Golf Club, Fulneck, Pudsey, LS28 8NT.
• The premises operate as a private golf club and hold a club premises certificate authorising the following licensable activities; supply of alcohol, performance of live music, performance of recorded music, performance of dance and entertainment.
• The current Premises Certificate issued under the Licensing Act 2005 was for: Supply of alcohol (for consumption on the premises) Monday - Saturday 11:00 - 23:00 and Sunday 12:00 - 22:30, Performance of live music Monday - Saturday 11:00 - 23:00 and Sunday 12:00 - 22:30, Performance of recorded music Monday - Saturday 11:00 - 23:00 and Sunday 12:00 - 22:30, Performance dance, Monday - Saturday 11:00 - 23:00 and Sunday 12:00 - 22:30 and Entertainment of a similar description Monday - Saturday 11:00 - 23:00 and Sunday 12:00 - 22:30.
• The application was for: Sale by retail of alcohol (for consumption on the premises) every day 08:00 - 23:00, Performance of live music every day 08:00 - 23:00, Performance of recorded music every day 08:00 - 23:00
• The applicant’s intention was to apply for a premises licence to allow greater flexibility in relation to non-club member events/functions.
• Responsible authorities and Ward Members had been notified of the application. Agreements, including the operations schedule, had been reached with responsible authorities and a representation from one other person remained outstanding.
• A redacted copy of the application form was available at appendix A of the report, the West Yorkshire Police representation at appendix C, Environmental Health’s representation at appendix D and one outstanding letter of objection at appendix E, on the grounds of public nuisance.

The applicant had provided the following additional details which were noted by the committee:

·  The golf club was the oldest in Leeds, open since 1892.

·  The increase in hours for sale of alcohol were proposed largely for hosting events and functions, the venue could be booked by the public.

·  The doors to the premises usually open at 12:00 noon daily which was outlined to be expected to continue as a regularity, with the cut off time for serving alcohol expected to be 23:00 if the application was granted.

·  Agreements had been made with the Environmental Protection Team with outdoor music only allowed until 22:00, however it was noted the venue will likely only play external music until 21:30.

In response to question posed to the applicant team, Members were provided with the following information:

• Attempts to mitigate against noise concerns for nearby residents were outlined as, keeping the doors  ...  view the full minutes text for item 8.

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

The Sub-Committee received the report of the Chief Officer Elections and Regulatory regarding the application to grant a Premises Licence for Off Licence, 6 - 8 Town Street, Armley, Leeds, LS12 3AB

In attendance were:

• Kaewan Hamarashed – Applicant
• Cristian Misonescu – Applicant’s interpreter
• PSCO Brendan Counsell – West Yorkshire Police
• Dave Parker – West Yorkshire Police
• Jonathan Hindley – Public Health
• Vanessa Holroyd – Environmental Health
• Councillor Louisa Cunningham – Elected Ward Member
• Andy Parnham – Local resident
• Sue Duckworth – Licensing Authority

The Legal Officer outlined the procedure.

The Licensing Officer presented the application, highlighting the following points:

• The application was for the grant of a premises licence made by Mr Kaewan Salam Hamarashed, for 6 - 8 Town Street, Armley, Leeds, LS12 3AB to trade as an off licence, with sale by retail of alcohol (for consumption off the premises), Monday - Saturday 07:00 - 23:00 and Sun 10:00 - 23:00.
• During the consultation period the applicant amended the application to the following Sale by retail of alcohol (for consumption off the premises), Mon-Sat 10:00 - 22:00 and Sun 10:00 - 21:00.
• Responsible authorities and Ward Members had been notified of the application which had attracted representations from other persons and responsible authorities, which remained a matter outstanding for Member’s consideration.
• The premises was located within an area covered by cumulative impact policy (CIP) relating to the potential impact on the promotion of the licensing objectives with a significant number of licensed premises concentrated in one area.
• A redacted copy of the application form was available at appendix A of the report, the West Yorkshire Police representation at appendix C, Environmental Health’s representation at appendix D, the Licensing Authority’s representation at Appendix E, Public Health’s representation at appendix F, Safer Strong Communities Team representation at appendix G, Elected Ward Members representation at appendix H, with an additional 25 letters of objection relating to public nuisance, crime and disorder and littering.
• With the CIP in place, there was potential negative impact for the promotion of the licensing objectives, with a risk assessment schedule document available at appendix I, detailing the evidence for the CIP.

The applicant had provided the following additional details which were noted by the committee:

·  An appointed solicitor had filled out the original application form and the applicant was content for the opening hours to be amended further to 20:00.

·  The shop was Romanian specific with stock primarily consisting of traditional Romanian goods for Romanian people. An estimated 95% of the products were outlined to be Romanian and non-Romanian people will likely not know or desire to purchase them.

·  The shop had been operating since October 2022 and as unique Romanian goods were on offer it had attracted customers from outside of the locality of Armley, as far as Bradford and Harrogate, displaying that people will travel for the bespoke goods.

·  Eastern European shops are often mixed, selling Polish or Bulgarian products together, for example. The alcohol proposed for sale will be  ...  view the full minutes text for item 9.