Agenda and minutes

Licensing Sub-Committee - Tuesday, 3rd October, 2023 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 Councillor L Martin as 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 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 formal late items, but supplementary information was circulated to Members prior to the meeting, in relation to Agenda Item 9 - Application for the Grant of a Premises Licence for Off Licence 152 Town Street, Armley, LS12 3RF.

 

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 decelerations of interest were made.

 

6.

Certification of a Film – Feminist Riposte by Leeds Film pdf icon PDF 99 KB

The report of the Chief Officer Elections and Regulatory advises Members of an application for the certification of a film to be screened at Vue Cinema, 22 The Light, The Headrow, Leeds, LS1 8TL, scheduled to take place on Wednesday, 4th October 2023.

Minutes:

The report of the Chief Officer Elections and Regulatory advised Members of an application for the certification of a film to be screened at Vue Cinema, 22 The Light, The Headrow, Leeds, LS1 8TL, scheduled to take place on Wednesday, 4th October 2023.

 

A copy of the current BBFC Classification Guidelines were provided for the Sub Committee.

A representative was available by phone to answer any questions Members of the Licensing Sub Committee had.

 

The Licensing Officer provided the Sub-Committee with the following information:

  • Details of the film and a screener had been provided to Members by the promoter, with a synopsis of this information available in the report pack.
  • Officers believed the proposed 15 rating was appropriate and raised no concerns.

 

Members discussions included:

  • The proposed 15 rating could have been lower after viewing the contents of the film; however, it suited the demographic of the intended audience.

 

RESOLVED – To award the rating of the film in accordance with the rating suggested by the promoter.

 

7.

Certification of a Film – Leeds International Film Festival 2023 Trailer Reel pdf icon PDF 108 KB

The report of the Chief Officer Elections and Regulatory advises 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 2023, taking place at Vue Cinema, The Light, on 11th October 2023 and Hyde Park Picture House, on the 12th October 2023.

Minutes:

The report of the Chief Officer Elections and Regulatory advised 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 2023, taking place at Vue Cinema, The Light, on 11th October 2023 and Hyde Park Picture House, on the 12th of October 2023.

 

A copy of the current BBFC Classification Guidelines were provided for the Sub Committee.

 

A representative was available by phone to answer any questions Members of the Licensing Sub Committee had.

 

The Licensing Officer provided the Sub-Committee with the following information:

  • Advance screeners had not been provided but a synopsis of the contents of the trailers had and was available in the report pack.
  • The full length films for the trailers were to be approved by a future Sub-Committee.

 

Members discussions included:

  • The trailers were to be shown as part of an advanced promotion for the film festival. A launch event had been scheduled and the trailers will only be shown as part of the event and before films that were also rated 18.
  • Approximately 130 films were to be brought to a Sub-Committee as part of the film festival.
  • The promotor would be in breach of the license if the trailers were shown at a film rating below 18. 

 

RESOLVED – To award the rating of all the film trailers in accordance with the rating suggested by the promoter.

 

8.

Application to Vary a Premises Licence in respect of ParmNfrites, 29 Otley Road, Headingley, Leeds, LS6 3AA pdf icon PDF 144 KB

The report of the Chief Officer Elections and Regulatory requests Members consideration on an application to vary a premises licence made by Amir Khan for ParmNfrites, 29 Otley Road, Headingley, Leeds, LS6 3AA.

Additional documents:

Minutes:

The Chief Officer Elections and Regulatory submitted a report for Members consideration of an application to vary a premises licence made by Amir Khan for ParmNfrites, 29 Otley Road, Headingley, Leeds, LS6 3AA.

 

Attending the meeting were:

  • Amir Khan - Applicant
  • Mohammed Mahmood – Applicants Associate
  • Vanessa Holroyd – Environmental Protection Team (EPT)
  • Ian Barraclough – Public Objector

 

The Legal officer explained the procedure for the hearing.

 

The Licensing Officer presented the application informing the Members of the following points:

  • The application was to vary an existing license to add the provision of late night refreshment for the hours of Sunday – Thursday 23:00 – 0:00 and Friday & Saturday 23:00- 02:00. There was no proposal to alter the licensed hours for service of alcohol.
  • A copy of the application form was available at appendix B, with section M detailing how the applicant will promote the licensing objectives.
  • West Yorkshire Police (WYP) and EPT had objected as responsible authorities, with an agreement reached, and objection withdrawn from WYP. Details of the agreement, which was available at appendix E, proposed conditions for CCTV, alcohol service and deliveries. EPT’s objection remained outstanding, with suggested conditions available at appendix D proposing earlier licensed times until 0:00 every day.
  • 11 letters of public objection, including submission by a local resident’s association, remained outstanding. Details of the objection comments were available at appendix F and were opposed on the grounds of public nuisance, crime and disorder and public safety.
  • The premises was within the Headingley Cumulative Impact Area (CIA) with details of CIA policy available at appendix G, with specifics for Headingley at page 133 of the report.
  • A list of other licensed premises within the locality were available at appendix H.

 

The applicant’ provided the Sub-Committee with the following information:

  • The premises had 30 covers and acted as a hot food eatery and takeaway, and currently did not stock or serve alcohol, despite holding a license to do so.
  • The application had been submitted to suite the business model to sell food at later hours. Two Temporary Event Notices (TEN) had been submitted by the applicant to run the premises until the hours of 02:00 and 03:00, with no complaints or issues noted.
  • Agreements had been reached with WYP, with improved CCTV proposed and footage to be held for 31 days to mitigate risk to public safety and discourage anti-social behaviour.
  • With local bars closing at around 02:00, the proposed 02:00 closing hours for the premises will encourage people to leave venues earlier in order to purchase food, contributing to less alcohol consumption, sobering people up with food and a secure place people can order taxis from.
  • The applicant was prepared to provide security staff on Fridays and Saturdays until 02:00.
  • The yellow and black external facades were noted to be soft and calming.
  • The applicant will assist responsible authorities when ever required to.
  • Other takeaways were licensed until 03:00 within the locality and had less covers.
  • No music will be played after 23:00  ...  view the full minutes text for item 8.

9.

Application for the Grant of a Premises Licence for Off Licence 152 Town Street, Armley, Leeds, LS12 3RF pdf icon PDF 125 KB

The report of the Chief Officer Elections and Regulatory requests Members consideration on an application for the grant of a premises licence made by Sabir Doski for an Off Licence, situated at 152 Town Street, Armley, Leeds, LS12 3RF.

Additional documents:

Minutes:

The Chief Officer Elections and Regulatory submitted a report for Members consideration on an application for the grant of a premises licence made by Sabir Doski for an Off Licence, situated at 152 Town Street, Armley, Leeds, LS12 3RF.

 

Attending the meeting were:

  • Chris Rees-Gay – Applicant’s Legal Representative
  • Sabir Doski – Applicant & Proposed Designated Premises Supervisor (DPS)
  • Amjad Razak – Public Objector 1
  • Lou Cunningham – Public Objector 2
  • Daniel Bartham – Public Objector 3
  • Adal Ross – Public Objector 4
  • Phillp Clark – Public Observer
  • Nigel Harris – Public Observer

 

The Legal officer explained the procedure for the hearing.

 

It was outlined that a petition received from the objectors had not met the requirements for submission and videos taken regarding allegations for the illegal sale of cigarettes at the premises had not been seen by all parties at the meeting so was not able to be used as evidence. Furthermore, the applicant’s representative objected to any further documentation or evidence to be tabled during the meeting as there was insufficient time to address the contents. Members were advised that the videos had not been sent to Entertainment Licensing in an accessible format within the prescribed timescale, so it was Member’s discretion as to how much weight they will give to the allegations without the provided evidence and also that the petition had no header providing the grounds for signing. Page 32 and 33 of the supplementary pack had detailed the applicant team’s response to the allegations and video evidence and had requested to see its contents but had not been able to. The objectors noted the evidence was to be sent to WYP and Trading Standards.

 

The Licensing Officer presented the application informing the Members of the following points:

·  The application was for the grant of a new license for the sale by retail of alcohol for consumption off the premises, every day 08:00 – 22:00. It was noted at 2.1 of the cover report that an application for the grant of a new premises licence for these premises was considered by the Licensing Sub Committee in November 2022 due to the receipt of public representations and was subsequently refused.

·  The premises was a convenience store, proposing the sale of alcohol for consumption off the premises, to supplement stock.

·  An operating schedule had been submitted, detailed from page 159 of the report pack and additional information had been submitted by the applicant which was available in the supplementary information pack.

·  An agreement had been reached with WYP, conditioning no delivery service, details of this were available at appendix C. Six objections had been received by other persons on the grounds of crime and disorder, these were available at appendix D. A list of other licensed premises in the locality were detailed at appendix E.

 

The applicant’s representatives provided the Sub-Committee with the following information:

·  There had been no objections by responsible authorities, only a prior agreement reached with WYP. Approval alongside the WYP conditions was sought.

·  The premises  ...  view the full minutes text for item 9.