Agenda and minutes

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

RESOLVED – To elect Councillor Neil Buckley to the 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 were no formal late items. However, there was supplementary information in relation to:

·  Agenda Item 6 – Summary Review of the Premises Licence for Pax Inn, 11, The Village, Boston Spa, Wetherby, Leeds, LS23 7AR; and

·  Agenda Item 7 -Summary Review of the Premises Licence for Gusto Market, 12 – 14, Strathmore Drive, Harehills, Leeds, LS9 6AB

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

No declaration of interests were at the meeting.

The report of the Chief Officer Elections and Regulatory requests Members consideration on an application made by West Yorkshire Police under section 53A of the Licensing Act 2003, for the summary review of the premises licence in respect of Pax Inn, 11 The Village, Boston Spa, Wetherby, Leeds, LS23 7AR.

The report of the Chief Officer Elections and Regulatory informed the Members of the Licensing Sub Committee of an application for a licence summary review by the West Yorkshire Police in respect of Pax Inn, 11, The Village, Boston Spa, Wetherby, Leeds, LS23 7AR. The application was made on the grounds of serious crime and serious disorder.

In attendance for the meeting were:

·  PC Neil Haywood, West Yorkshire Police – Review Applicant

·  Richard Taylor, Gosschalks LLP – Licence Holder’s Representative

·  Joanne Hipkiss, Licensing Manager – Ei Group Ltd., Licence Holder

The Legal Officer informed the parties that despite attempts to get three Members for this hearing there was only two members to make up the Sub-Committee. It was noted that the Sub-Committee could sit with two Members if all parties were agreeable to this. All parties agreed that the hearing should proceed.

The Legal Officer outlined the procedure for the hearing.

The Licensing Officer presented the application, and the Sub-Committee noted the following points:

·  A brief history of the premises was included in the submitted report at Paragraph 2. The most recent applications received by the Licensing Authority on 6 April 2023 were made to appoint the current licence holder and designated premises supervisor, Mr Dane Smith. The applications did not attract objections, and both were granted as applied for.

·  Details of the current premises licence was attached at Appendix A of the report.

·  An application for a summary review of the premises licence had been sought by West Yorkshire Police. A redacted version of the application was attached at Appendix B. Members noted that in accompaniment of the application a certificate made under section 53(1B) of the Act, which confirms that a Senior Member of West Yorkshire Police was satisfied that these premises are associated with serious crime or serious disorder or both. A redacted version of the certificate was appended to the report at Appendix C.

·  Officers confirmed that the application and certificate were served by email on the Responsible Authorities on the 22 May 2024. A hard copy of the application and certificate were hand delivered directly to the premises on 23 May 2024. The Licensing Authority confirmed that the statutory requirements to advertise the review application had been followed.

·  At the Interim Steps meeting on 24^th May, it was decided that suspension of the licence with immediate effect pending the substantive hearing of the review application was the most appropriate course of action for the Sub- Committee to take. A copy of the Interim Steps Decision Notice was attached to the report at Appendix D.

·  Members acknowledged that the premises licence holder may submit a representation to the interim steps initially taken and any representation would be in accordance with Section 53B of the Licensing Act 2003. In this instance, no representation had been received against the interim steps decision.

·  It was noted that no representations on behalf of the responsible authorities had been received. However, the application had attracted two representations from “other  ...  view the full minutes text for item 6.

The report of the Chief Officer Elections and Regulatory requests Members consideration on an application made by West Yorkshire Police under section 53A of the Licensing Act 2003, for the summary review of the premises licence in respect of Gusto Market, 12 – 14 Strathmore Drive, Harehills, Leeds, LS9 6AB.

The report of the Chief Officer Elections and Regulatory informed the Members of the Licensing Sub Committee of an application for a licence summary review made by the West Yorkshire Police in respect of Gusto Market, 12–14, Strathmore Drive, Harehills, Leeds, LS9 6AB. The application was made on the grounds of serious crime.

In attendance for the hearing were:

·  PC Neil Haywood, West Yorkshire Police – Review Applicant

·  Victoria Radford, Entertainment Licensing – Representation in support of the application

·  Emilia Slezak, Public Health – Representation in support of the application

·  Nabaz Ibrahim Karim – Resigned Director of Gusto Market Mini Ltd. and the current Designated Premises Supervisor

The Legal Officer advised Members that Mr Karim had resigned as Director of Gusto Market Mini Ltd on 28^th May 2024, after the interim steps hearing. It was confirmed via a search on Companies House that the Director of Gusto Market Mini Ltd was a Mr Akan Omed Mangori as of 28^th May 2024. Mr Karim said that he was no longer linked to Gusto Market Mini Ltd.

Members were advised that given the informed from Mr Karim and the information on the Companies House webpage, Mr Karim was no longer considered as an interested party as he was longer involved in the company that holds the licence. Therefore, he had no right to speak at the hearing. Members, however, were of the view that as he had turned up for the hearing, he should be given the chance to speak, so that they had the full picture and could ascertain why he was at the hearing. No other party at the hearing objected to Mr Karim addressing the Licensing Sub-Committee.

The Legal Officer outlined the procedure for the hearing. At this point West Yorkshire Police informed the Sub-Committee that they wished to table some supplementary information. All parties were agreeable to the information being tabled and the hearing adjourned for five minutes, so all parties could read the information.

The Licensing Officer presented the application and provided the following information:

·  A history of the premises had been provided at Paragraph 2 of the submitted report along with a copy of the premises licence which was appended to the report at Appendix A.

·  The application for a summary review of the premises licence had been sought by West Yorkshire Police and a redacted version of the application was attached at Appendix B. Members noted that in accompaniment of the application a certificate made under section 53(1B) of the Act, confirmed that a Senior Member of West Yorkshire Police was satisfied that these premises are associated with serious crime or serious disorder or both. A redacted version of the certificate was appended to the report at Appendix C.

·  Officers confirmed that the application and certificate were served by email on the Responsible Authorities on the 22 May 2024. The application and certificate were served on the licence holder by email on the 23 May 2024 and a hard copy was delivered by  ...  view the full minutes text for item 7.