Agenda and draft minutes

Licensing Sub-Committee - Tuesday, 2nd February, 2021 10.00 am

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 – That Councillor L Richards be elected as Chair for the hearing.

 

 

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.

 

 

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:

The Sub-Committee was informed that Supplementary Information submitted by West Yorkshire Police in relation to Agenda Item 6, Application for the Grant of a Premises Licence for Regency Supermarket, Vicar Lane, Leeds was designated as being exempt for publication.

 

RESOLVED – That the press and public be excluded from the meeting during the 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 business to be transacted or the nature of proceedings, that if members of the press and public were present there would be disclosure to them of exempt information.

 

 

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 late items as such.  Supplementary information had been submitted in relation to Agenda Item 6, Application for the Grant of a Premises Licence for Regency Smart Supermarket, 105 Vicar Lane, Leeds, LS1 6PJ.  This information had been published and distributed 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:

There were no declarations.

 

 

6.

Application for the Grant of a Premises Licence for Regency Smart Supermarket, 105 Vicar Lane, Leeds, LS1 6PJ pdf icon PDF 125 KB

To receive and consider the attached report of the Chief Officer, Elections and Regulatory

 

 

Additional documents:

Minutes:

The report of the Chief Officer, Elections and Regulatory presented an application for the grant of a Premises Licence at Regency Smart Supermarket, 105 Vicar Lane, Leeds, LS1 6PJ.

 

The following were in attendance:

 

 

-  Dave Parker, West Yorkshire Police

-  Jacqueline Booth – Witness for West Yorkshire Police

-  Glyn Jones – Witness for West Yorkshire Police

 

-  Wenlin Chen – Applicant

-  Liping Chen – Interpreter

 

The Legal Adviser to the Sub-Committee set out the procedure to be followed and the Senior Licensing Officer outlined the application.

 

The application was for the sale by retail of alcohol for Monday to Sunday 10:00 to 21:00 hours.

 

A representation had been received from West Yorkshire Police objecting to the application.  This objection was made following enquiries with North Yorkshire Police who had been involved with the revocation of other premises which were managed by the applicant.

 

The applicant was invited to address the sub-committee.  The following was highlighted:

 

·  The reasons presented for refusal were not reasonable.  These were related to businesses that were nothing to do with the applicant.

·  The applicants business was separate to that of his father.

·  The application was only intended for the sale of alcohol for consumption off the premises.

·  Measures would be taken to check the age of customers wishing to purchase alcohol.

·  It was unfair to link the applicant with the businesses of his father.

·  The applicant had no previous convictions or criminal records and should not be refused.  He had also been trained and passed licensing exams.

·  The Council should be supporting the applicant.

·  The business was solely in the applicant’s name.  It was a small business with only 1 or 2 people working there.

 

The hearing went into private session to discuss the objection submitted by West Yorkshire Police as the information that was considered to be exempt was to be discussed.  Following this the Sub-Committee went into a further private session to make their deliberations.

 

The Licensing Sub-Committee carefully considered the report of the Chief Officer, Elections and Regulatory, the Statement of Licensing Policy and the representations submitted and made at the hearing.

 

RESOLVED – That the application be refused.