Agenda and minutes

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

RESOLVED – Councillor Hutchison was elected Chair 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.

The agenda contained no exempt information.

No formal late items of business were added to the agenda, however the following supplementary had been circulated prior to the meeting:

Agenda Item 6 Swillington Miners Welfare Scheme, Wakefield Road, Swillington – additional submission from the Premise Licence Holder (minute 6 refers).

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

There were no declarations of interest.

To consider the report of the Chief Officer Elections and Regulatory on an application to vary a premises licence held by Swillington Miners Welfare Scheme, 9 Wakefield Road, Swillington, Leeds, LS26 8DT

The report of the Chief Officer Elections and Regulatory presented an application to vary a premises licence made by Swillington Miners Welfare Scheme for Swillington Miners Welfare Scheme, 9 Wakefield Road, Swillington, Leeds LS26 8DT.

The premises currently operates as a sports club and holds a premises licence with the licensable activities of sale by retail of alcohol (for consumption on the premises) and regulated entertainment. The application sought to include the additional area of the pavilion within the licensed area, to amend sale by retail of alcohol for the consumption both on and off the premises and to increase the hours for the provision of live music, recorded music and the performance of dance.

The current licence includes the following hours for licensable activities:

Sale by retail of alcohol (for consumption on the premises) Every Day 11:00 - 00:00

Performance of a play Saturday & Sunday -11:30 - 17:00

Exhibition of a film - Every Day 12:00 - 23:00

Indoor sporting events - Every Day 12:00 - 23:00

Performance of live music - Every Day 19:00 - 00:00

Performance of recorded music - Every Day 12:00 - 00:00

Performance of dance -Every Day 12:00 - 22:00

Entertainment similar to live music, recorded music or dance - Every day 19:00 - 00:00

The premises currently opened to the public between 11:00 - 01:00 hours every day.

The application had attracted representations from local residents and local ward Councillors. LCC Environmental Protection Team (LCC EPT) had also submitted a representation, but agreement had been reached with the applicant over measures to address the public nuisance licensing objective and that representation had been withdrawn subject to the measures being included on the premises licence, should the application be granted.

In attendance at the hearing were:

The Legal Officer set out the procedure for the hearing and at this point Mr Godley referred to an email received by the Club Secretary from Ms L Fiddes, LCC Licensing Officer, which he felt provided advice to the Club on the content and presentation of the application. Mr Godley was advised to refer to the contents of the email in his submission whilst clarifying the activities and timings applied for.

The Licensing Officer presented the application. Prior to the meeting the Licensing Authority had received an additional submission from the Premises Licence Holder – an email to members of the public who had made a representation. Additionally Members noted that not all members of the pubic who had submitted a representation were in attendance and resolved to consider their written representations in their absence.

The Sub Committee heard first from Mr Godley on behalf of Swillington Miners Welfare Scheme (the Club) who provided the following information in support of the application:

·  The Club had secured a £350k grant from Sport England and the Football Foundation to renovate the Pavilion which sits within  ...  view the full minutes text for item 6.

To consider the report of the Chief Officer Elections and Regulatory on an application for the grant of a premises licence for The Mardini Café, Bistro, 29 - 31 Kirkgate, Otley, LS21 3HN

The report of the Chief Officer Elections and Regulatory presented an application for the grant of a premises licence at The Mardini Café Bistro, 29-31 Kirkgate, Otley LS21 3HN. In summary the application sought:

Sale by retail of alcohol (for consumption on the premises) and Recorded Music: Monday to Sunday 10:00 until 22:00.

Mr A Arik, the applicant attended the hearing. 

The application had attracted representations from West Yorkshire Police (WYP) and the LCC Environmental Protection Team (LCC EPT) and one member of the public. Prior to the hearing, the applicant had agreed measures to address issues of crime and disorder and prevention of public nuisance and the measures would be included within the operating schedule for the premises, should the application be granted. Members noted the member of the public who had submitted a representation was not in attendance and agreed to consider their written submission in their absence.

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

The Sub Committee heard from Mr Arik the applicant and proposed Designated Premises Supervisor for The Mardini Café Bistro. Mr Arik explained the reason for the application and provided the following information:

·  The premises had been open approximately one month from 10:00 until 22:00 hours and served Mediterranean cuisine.

·  90% of customers when booking a table or attending asked whether the bistro served alcohol and he had found that when he explained that no alcohol was served, some customers chose not to book a table.

·  Additionally although customers could bring their own alcohol to consume with a meal, he was aware that the shops nearby closed early so there was nowhere for customers to buy alcohol from later in the evening. He also felt that bringing bottles of alcohol to the restaurant could be a safety issue.

·  He added that explaining there was no bar took his time away from preparing food for customers.

·  Mr Arik reasoned that consuming alcohol with a meal was part of life now, part of the evening meal.

·  He felt he was losing trade because he didn’t have a licence to sell alcohol and may have to reduce the number of staff he employed as customers were eating elsewhere.

·  He found this very stressful, the area of Kirkgate was dead after 18:00 hours and he had wanted to bring some life to the area. Local people travelled to Harrogate to dine out and he wanted his bistro to encourage people to stay local.

·  There was nothing in the vicinity like his bistro, the three local bars did not serve food. He felt that patrons of the bars drank more and were noisy, noisier than his patrons. His patrons would attend his bistro primarily for the meal, listen to dinner music and meet with family and friends.

In response to a query, Mr Arik confirmed that he had agreed to the measures proposed by WYP and LCC EPT to address the licensing objectives.

The Sub Committee deliberated in private  ...  view the full minutes text for item 7.

To consider the report of the Chief Officer Elections and Regulatory on an  application for the grant of a premises licence for Woodhouse Charcoal BBQ, 14 The Crescent, Woodhouse, Leeds, LS6 2NW

The report of the Chief Officer Elections and Regulatory presented an application received from LBA Chinese Cuisine LTD for the grant of a premises licence for Woodhouse Charcoal BBQ, 14 The Crescent, Woodhouse, Leeds, LS6 2NW.

In summary the premises would operate as a restaurant and take-away and the application sought the following:

Sale by retail of alcohol (for consumption both on and off the premises) -

Sunday to Thursday 12:00 until 01:00

Friday & Saturday 12:00 until 02:00

Late night refreshment and recorded music -

Sunday to Thursday 23:00 until 01:00

Friday & Saturday 12:00 until 02:00

Mr L Wang, the General Manager and Designated Premises Supervisor of the premises attended the hearing. 

The application had not attracted representations from the responsible authorities; however two representations had been received from local neighbourhood groups. Following discussions with the applicants agent, one representation had been withdrawn. Members noted that no one was in attendance to speak to the remaining representation from the North Hyde Park Neighbourhood Association and agreed to consider the submission in their absence.

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

The Sub Committee heard from Mr Wang, who provided the following information:

·  The premises lay within the route of “Otley Run” but its location meant it would not attract the groups who drank in the licensed premises on the route.

·  The patrons were mainly from the Chinese Community who generally did not follow the Otley Run.

·  Mr Wang confirmed that patrons would not be allowed to take open alcohol containers out of the premises.

·  For customers who attend just before 12 midnight he would take their food order, but he wouldn’t take a food order after 12 midnight.

·  He didn’t believe that the premises would add to the rubbish in the area.

In response to queries from the Sub Committee, Mr Wang provided the following:

·  The applicant’s agent had liaised with the residents’ associations. The remaining representation was concerned about noise on Friday and Saturday nights; but not many customers actually ate in, students tended to collect and go.

·  Noting that most nearby premises operated until 01:00 on Friday and Saturday, Mr Wang confirmed his intention to reduce the terminal hour to 01:00 or 12 midnight – after 12 midnight he would not accept new orders for food, but patrons could remain in the premises to eat their food. In response to a query, Mr Wang confirmed that he would accept a condition to reduce the terminal hours on Friday and Saturday to 01:00 for the provision of licensable activities, in line with the rest of the week, with the premises to close at 01:30 am.

·  In response to a comment that many people who undertook the Otley Run didn’t complete it and would break off to eat, Mr Wang stated that the premises had been open for two weekends so far and he hadn’t experienced anything like that.

·  The premises was only 20 sq. metres with seating at 6  ...  view the full minutes text for item 8.