Agenda and minutes

Licensing Sub-Committee
Wednesday, 7th October, 2020 2.00 pm

Venue: Remote

Contact: Governance Services  Copies of the full report with appendices are available on request from the clerk. For details of the new premises licence please contact Entertainment Licensing on 0113 378 5029 after the hearing.

Link: to view the meeting

Items
No. Item

1.

Election of the Chair

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

Minutes:

RESOLVED – To elect Councillor Ben Garner to the 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:

RESOLVED – That Appendix E to the report at Item 6 be designated as being exempt from publication in accordance with 9.2(b) and 10.4(1) of Regulation 14 of the Licensing Act 2003 (Hearings) Regulations 2005.

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. However, supplementary information from the applicant had been received in relation to Agenda Item 6. This had been distributed to all parties prior to the hearing.

5.

Declarations of Disclosable Pecuniary Interests

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.

 

Minutes:

No declarations of disclosable pecuniary interests were made.

6.

Review of the Premises Licence for The New Middleton, 4 Thorpe Street, Middleton, Leeds, LS10 4HD pdf icon PDF 187 KB

The  report of the Chief Officer Elections and Regulatory informs Members that Leeds City Council (Licensing Authority) has served an application under Section 51 of the Licensing Act 2003 for a review of a premises licence in respect of The New Middleton, 4 Thorpe Street, Middleton, Leeds, LS10 4HD.

 

(Report attached)

Additional documents:

Minutes:

The report of the Chief Officer Elections and Regulatory informs Members that Leeds City Council (Licensing Authority) has served an application under Section 51 of the Licensing Act 2003 for a review of a premises licence in respect of The New Middleton, 4 Thorpe Street, Middleton, Leeds, LS10 4HD.

 

The Hearing was scheduled and heard on the 10th August 2020, and a motion to adjourn was requested for the following reasons:

·  The Licensing Authority asked for the hearing to be adjourned as although West Yorkshire Police had provided additional information in relation to the licensed premises which had been circulated to Members prior to the hearing, the Licensing Authority was unable to confirm whether this information should have been provided to the premises licence holder.

·  West Yorkshire Police confirmed the additional information could be served on the premises licence holder and was duly served on the 26th August 2020.

 

In attendance at the meeting were:

·  Samantha Longfellow-Peniket – Licensing Authority

·  Sarah Blenkhorn – West Yorkshire Police Licensing Team

·  Jessica Deighton – Environmental Protection Team

 

The Premises Licence Holder Julie Jackson had been informed of the meeting, but did not attend.

 

The Licensing Officer informed the Sub-Committee of the following points:

·  The Premises Licence Holder Julie Jackson had been informed of the supplementary information provided by West Yorkshire Police (WYP) prior to the adjourned meeting, she was now in receipt of this information, which had been sent to her by email and post;

·  The Premises Licence Holder had sent in a letter with a wish to surrender the premises licence which was provided to all parties as supplementary information to the report;

·  Under the Licensing Act 2003 there is a provision to reinstate the premises licence should an application to transfer the premises licence come in within the 28 days after the licence has been surrendered. It was noted that we are currently within the 28 day period and therefore the hearing should proceed;

·  The application was made on grounds of all four of the licensing objectives and a copy of the application and evidence which were set out at Appendix A of the report;

·  A brief history of the premises was provided within the report and the operating schedule of the premises licence was set out at Appendix B;

·  Julie Jackson is listed as both the premises licence holder and the designated premises supervisor;

·  Point 6 of the report set out the reasons for the application;

·  The application had received representation in support of the application from the following responsible authorities, WYP, Environmental Protection Team (EPT) and the Cleaner Neighbourhoods Team;

·  Further representation had been received from WYP. This was not available to the public due to it been confidential but had been presented to the Members and all relevant parties at Appendix E of the private agenda pack;

·  Representation had also been received from the EPT and the Cleaner Neighbourhoods Team which were presented at Appendices F and G of the submitted report.

 

The Licensing Authority presented  ...  view the full minutes text for item 6.