Agenda and minutes

Councillor Hyde was elected 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 Services at least 24 hours before the meeting)

There were no appeals against 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 late items.

To disclose or draw attention to any disclosable pecuniary interests for the purposes of Section 31 of the Localism Act 2011 and paragraphs 13-16 of the Members’ Code of Conduct.

There were no declarations of disclosable pecuniary interests.

To consider the report of the Head of Elections, Licensing and Registration on an application for the grant of a premises licence, made by Wm Morrison Supermarkets PLC, for Morrisons Daily Petrol Filling Station, Swinnow Road, Swinnow, Leeds, LS13 4DN

The Licensing Sub Committee were informed at the start of the hearing that Wm Morrison Supermarkets PLC, for Morrisons Daily Petrol Filling Station, Swinnow Road, Swinnow, Leeds, LS13 4DN had withdrawn the application for a premises licence.

To consider the report of the Head of Elections, Licensing and Registration on an application for the grant of a premises licence, made by Marstons Plc, for Marstons, Parkinson Approach, Garforth, Leeds, LS25 2HR.

The report of the Head of Elections, Licensing and Registration requested that Members consider an application for the grant of a premises licence for Marstons, Parkinson Approach, Garforth, Leeds, LS25 2HR.

The application was for:

·  Films

·  Indoor Sporting events

·  Live Music

·  Recorded Music

·  Performance of Dance

·  Supply of Alcohol – for consumption both on and off the premises

Monday to Thursday  10:00 – 00:00

Friday & Saturday  10:00 – 01:00

Sunday  11:00 – 00:00

Late night Refreshment

Sunday to Thursday  23:00 – 00:00

Friday & Saturday  23:00 – 01:00

Non Standard timings as set out in the submitted report

Representations had been received from the planning department in their capacity as a responsible authority their representation was in relation to operating hours.

Representation had also been received from Environmental Health in their capacity as a responsible authority. However, negotiations had taken place with Marston’s prior to the hearing and in this instance the operating schedule had been amended to include the measures agreed with Environmental Health. A copy of the agreement was attached to the submitted report at appendix D.

Members were informed that representations had been received from a member of the public who had expressed their concerns with regard to public nuisance. The Ward Councillor, Mark Dobson had also submitted an objection raising concerns regarding crime and disorder and public nuisance. 

The Sub Committee were advised that the applicant had modified the proposed hours for the supply of alcohol and the provision of late night refreshment, in each case the terminal hour had been reduced to midnight seven days a week.

It was noted that the reduction of the proposed operating hours had seen representations by Planning, and the Ward Councillor withdrawn.

It was noted that the Licensing Authority had not been able to contact the local resident with the proposed new operating hours.

It was apparent that the representation from the member of the public consisted of two pieces of correspondence, the first of which was not included within the agenda. The first communication (dated 1^st February 2017) was therefore read out to the Committee before the start of the hearing and a copy shown to the Mr Shield the applicant’s representative prior to his presentation. A copy of this communication is available on the Leeds City Council web page.

The applicant was represented by Mr Shield of John Gaunt & Partners Solicitors. Also present at the hearing was Rachel Newnes of Marston’s.

Mr Shield circulated copies of additional information which included the Marston’s sample menus, an operational strategy and a revised operating schedule which contained some additional conditions to address the licensing objective of the prevention of public nuisance. 

Mr Shield informed the Sub Committee that attempts had been made to contact all those who had submitted representations and as a result of discussion the Ward Councillor had withdrawn his representation. He said that as per the attempts of the Licensing Authority, Marston’s had been unable to communicate with the local residents who had submitted a  ...  view the full minutes text for item 7.