Agenda and minutes

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

RESOLVED – That Councillor L Farley be elected as Chair throughout 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.

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 were no formal late items. However, supplementary information in relation to Agenda Item 8 – Review of the Premises Licence for HGS-UK Ltd (Harehills Maxi Foods), 268 – 270 Harehills Lane, Harehills, LS9 7BD was published on the council website and distributed to Members prior to the meeting. Minute No. 8 refers.

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

No interests were raised.

The report of the Chief Officer Elections and Regulatory advises the Licensing Sub Committee Members of an application for the certification of a film to be shown at Wharf Chambers, 23-25 Wharf Street, Leeds LS2 7EQ on Wednesday 22nd November 2023. The applicant requests an 18 certificate.

The report of the Chief Officer (Elections and Regulatory) presented an application for the certification of a film to be shown at Wharf Chambers, 23-25 Wharf Street, Leeds, LS2 7EQ on Wednesday, 22^nd November 2023. The applicant requests an 18 certificate.

The Licensing Officer presented the application.

RESOLVED – To grant an 18 certification.

The report of the Chief Officer Elections and Regulatory requests Members consideration on an application for the grant of a premises licence made by Carpatica 2 Ltd, for 24 - 26 Tong Road, Farnley, Leeds, LS12 1HX, trading as a grocery store.

The report of the Chief Officer (Elections and Regulatory) presented an application for the grant of a premises licence made by Carpatica 2 Ltd, for 24-26 Tong Road, Farnley, Leeds, LS12 1HX, trading as a grocery store.

The following were in attendance for this item:

·  Ian Rushton – Applicant’s Representative

·  Rand Hussain – Proposed Designated Premises Supervisor (DPS)

·  Rebaz Akram – Director and Applicant

The applicant has applied to sell alcohol for consumption off the premises every day from 07:00 – 00:00.

Representations have been received from responsible authorities, West Yorkshire Police and Environmental Health. The operating schedule has been amended to include measures agreed with West Yorkshire Police and therefore they have withdrawn their representation. Additionally, measures have been agreed with Environmental Health, in that the applicant has agreed to amend their terms of hours to 08:00 – 23:00 Sunday to Thursday and 08:00 – 00:00 Fridays and Saturdays. Therefore, Environmental Health have withdrawn their representation.

The application has also attracted representation from members of the public opposing the application on the grounds of crime and disorder and public nuisance.

The Legal Officer outlined the procedure for the hearing and the Licensing Officer presented the application. The following information was highlighted:

·  The measures agreed with West Yorkshire Police include conditions relating to CCTV, training records and an incident report register.

·  The representation from Environmental Health touch on conditions relating to the opening hours, noise, and litter. Agreements have since been reached and therefore Environmental Health have withdrawn their representation.

·  The representations from members of the public relate to allegations of illicit alcohol and tobacco being sold by the director. Further to this, checks have been carried out by Trading Standards and they have not raised any concerns. Trading Standards and West Yorkshire Police do not raise any additional concern regarding such allegations.

The applicant’s representative informed the Sub-Committee of the following:

·  The applicant intends to run the premises as a small grocery store focusing on European goods, soft drinks and snacks and a place to serve the local community.

·  The business is family run and they have a 10 year lease on the building. Therefore, plan on being around for a long time.

·  Alcohol sales will allow the business to expand and provide an all-round convenience store for the local community.

·  The proposed DPS is waiting on her personal licence.

·  Extra staff will be hired on a part-time basis and the premises will be fully staffed on weekends.

·  There is a CCTV system already in place at the premises. 6 cameras are situated inside the premises, with 3 cameras situated outside. Recordings will be made available to responsible authorities upon request.

·  Challenge 25 will be enforced.

·  Staff will be regularly trained as part of the condition offer.

·  It is considered that the conditions offered are comprehensive and promote the licensing objectives.

·  Responsible authorities are not in attendance opposing the application. Trading Standards carried out checks in regard to the alleged accusations and they are satisfied.

Further to questions  ...  view the full minutes text for item 7.

The report of the Chief Officer Elections and Regulatory informs Licensing Sub Committee Members that West Yorkshire Police have served on the Licensing Authority an application under Section 51 of the Licensing Act 2003 for a review of the premises licence in respect of HGS-UK Ltd, 268 - 270 Harehills Lane, Harehills, Leeds, LS9 7BD.

The report of the Chief Officer (Elections and Regulatory) informed the Sub-Committee that West Yorkshire Police have served on the Licensing Authority an application under Section 51 of the Licensing Act 2003 for a review of the premises licence in respect of HGS-UK Ltd, 268-270 Harehills Lane, Harehills, Leeds, LS9 7BD.

The following were in attendance for this item:

·  PC Andy Clifford – West Yorkshire Police

·  Jason Bethell – Trading Standards

·  Carmel Brennand – Entertainment Licensing

·  Chris Rees-Gay – Woods Whur, Licence Holder’s Representative

·  Dylan Safy – Director of HGS-UK Ltd, Licence Holder

·  Laura Russell Sofi – Premises Supervisor

·  Henryka Pomoranska – Premises Manager

·  Hadi Pour – Shop Worker

·  Darrell Butterworth – Expert Witness, Independent Licensing Consultant

The review application was served on the Licensing Authority on 19 September 2023. The Licensing Authority is now under a duty to review the premises licence held by these premises. The application is made on the grounds of the prevention of crime and disorder and public safety.

Supplementary information was published on the council’s website and distributed to Committee Members prior to the meeting. Documents included information provided by the licence holder and Entertainment Licensing. Further to this, information was submitted by the licence holder’s representative before the meeting in relation to details of a separate review for Baba Jaga. Members were provided with copies of this information, as were the other parties in attendance.

The Legal Adviser outlined the procedure for the hearing and the Licensing Officer provided an overview of the application. Sub-Committee Members were informed that a separate application has been lodged in relation to the change in DPS. West Yorkshire Police has objected to this, and therefore, it will be considered at a Licensing Sub-Committee meeting on 5^th December 2023.

PC Andy Clifford informed the Sub-Committee and provided them with the following information:

·  There has been a recent joint operation in Harehills to target shops selling illicit tobacco and counterfeit products. It was confirmed that Maxi Foods had been targeted via police intelligence.

·  A white van was found parked behind the premises, full of illicit cigarettes. It is believed that the premises used the van to sell illegal products, as it was within close proximity to the rear entrance. It is not considered that the van belonged to another shop.

·  Information relating to Baba Jaga is not relevant and is a separate premises with different operators.

·  Test purchasing was carried out twice in relation to the premises. Maxi Foods failed the first test purchase and passed the second. West Yorkshire Police use underage children to carry out test purchasing, and speculated that this might not be the first time Maxi Foods has sold alcohol to underage people.

·  West Yorkshire Police do not believe the applicant to be an experienced operator.

In calling a witness, Jason Bethell, Trading Standards, informed the Sub-Committee that he had attended the premises as part of the joint operation in Harehills and found that the rear door of the premises  ...  view the full minutes text for item 8.