Agenda and minutes

Licensing Sub-Committee - Tuesday, 12th April, 2022 10.00 am

Venue: Civic Hall, Leeds

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.

Items
No. Item

1.

Election of the Chair

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

Minutes:

RESOLVED – To elect Cllr Ryk Downes as 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:

There were no exempt items.

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, there was supplementary information in relation to Agenda Item 6 - Application for the grant of a premises licence for Residential Property 222 Queenswood Drive, Headingley, Leeds, LS6 3ND and Agenda Item 7 - Application for the grant of a premises licence for Lietuvaite Shop Ltd, 15 Branch Road, Armley, Leeds, LS12 3AQ. This had been circulated to all parties prior to the meeting.

5.

Declaration of Interests

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

Minutes:

No declarations of interests were made at the meeting.

6.

Application for the grant of a premises licence for Lietuvaite Shop Ltd, 15 Branch Road, Armley, Leeds, LS12 3AQ pdf icon PDF 546 KB

To consider the report of the Chief Officer Elections and Regulatory for an application for the grant of a premises licence made by Lietuvaite Shop Ltd, for Lietuvaite Shop Ltd 15 Branch Road, Armley, Leeds, LS12 3AQ.

Additional documents:

Minutes:

Prior to the start of the meeting the Licensing Sub Committee had considered a request from West Yorkshire Police to hear the application for Lietuvaite Shop Ltd first, as three police officers were attending who were on duty. The Licensing Sub Committee agreed that this item should go first to allow the officers to continue their duties.

 

The report of the Chief Officer Elections and Regulatory presented an application for the grant of a premises licence for Lietuvaite Shop Ltd, 15 Branch Road, Armley, Leeds, LS12 3AQ.

 

In attendance at the meeting were:

·  Ruslanas Zirnikas – Applicant

·  Dave Parker – West Yorkshire Police

·  PS Craven – West Yorkshire Police

·  PCSO Counsell – West Yorkshire Police

·  PCSO Indiks-Clay – West Yorkshire Police

·  Jonathan Hindley – Public Health

·  Sue Duckworth – Licensing Authority

·  David Spereall - Journalist

 

The Legal Officer outlined the procedure for the hearing.

 

Mr Zirnikas requested that a copy of the location map be tabled for information. He had updated the map indicating those premises which he thought were no longer trading. The sub-committee granted this information be tabled.

 

The Licensing Officer presented the application informing the Sub Committee of the following points:

·  The applicant had applied for the sale by retail of alcohol, everyday 10:00am until 20:00 for consumption off the premises.

·  These premises are located within an area covered by a cumulative impact policy.

·  It was noted that the applicant had applied for a licence for this premises in 2021 which had attracted representations, as a consequence the application was heard at a licensing sub-committee on 20th May 2021, where Members made the decision to refuse the application. This was detailed at Point 2 of the submitted report.

·  The Application was attached to the submitted report at Appendix A. It was noted that the applicant proposed to promote the licensing objectives by taking steps identified in Section 18 of the application form.

·  A map identifying the location of the premises was attached at Appendix B.

·  Representations had been received from West Yorkshire Police in their capacity as a responsible authority and was appended to the report at Appendix C.

·  The Licensing Authority had also received a representation from Public Health Localities and Primary Care Team which was attached at Appendix D.

·  Representation had also been received from the Licensing Authority in their capacity as a responsible authority which was attached at Appendix E.

·  Two letters of objection had been received one from a Member of Parliament and the other on behalf of the three Local Ward Councillors. These letters were attached to the submitted report at Appendix F.

·  Members were advised that the premises are located within the cumulative impact area of Armley. Details of the cumulative impact policy specific to Armley and an outline of the evidence behind the reason for setting this policy was attached at Appendix G of the submitted report.

 

Mr Zirnikas presented his case to the sub-committee informing them of the following:

·  He has been trading at the premises for eight  ...  view the full minutes text for item 6.

7.

Application for the grant of a premises licence for Residential Property 222 Queenswood Drive, Headingley, Leeds, LS6 3ND pdf icon PDF 548 KB

To receive the report of the Chief Officer Elections and Regulatory on an application for the grant of a premises licence, made by Mr Josh Owen Miller, for Residential Property 222 Queenswood Drive, Headingley, Leeds, LS6 3ND.

Additional documents:

Minutes:

The report of the Chief Officer Elections and Regulatory presented an application for Member’s consideration for the grant of a premises licence for a residential property at 222 Queenswood Drive, Headingley, Leeds, LS6 3ND.

 

In attendance at the meeting for this item were:

·  Josh Miller – Applicant

·  Contanze Bell – Applicant’s representative

·  Bob Patterson – West Yorkshire Police Licensing Officer

·  Councillor John Illingworth

 

The Legal Officer outlined the proceedings for the hearing.

 

The Licensing Officer presented the application providing the following information:

·  The application was for the grant of a premises licence at 222 Queenswood Drive, which is a residential property. The applicant is Mr Josh Miller, he is also the proposed designated premises supervisor.

·  The application was for the sale of alcohol every day between the hours of 21:00 and 03:00am. No non-standard timings for bank holidays or special occasions had been proposed.

·  The applicant proposed to store alcohol on the ground floor in one room and dispatch directly from the premises to the delivery address.

·  The application was appended to the submitted report at Appendix A. The applicant proposed to promote the licensing objectives by taking steps identified in Section M of the application form.

·  Representations had been received from West Yorkshire Police and the Environmental Protection Team in their capacity as a responsible authority. The objection from Environmental Protection Team was appended at Appendix C, with further information submitted as supplementary information as the officer was unable to attend the meeting. The objection from West Yorkshire Police was appended at Appendix D, with additional information also submitted by the police as supplementary information.

·  The licensing authority had received seven individual letters of objection and an email objection from each of the Ward Councillors, all of which opposed the application on grounds of noise disturbance and public nuisance. Redacted copies of the representations were attached to the submitted report at Appendix E. Supplementary information had been received from Cllr Illingworth one of the Ward Councillors who was present at the meeting.

·  Attached at Appendix F was the list of other licensed premises in the area with their licensed activities.

 

Ms Contanze Bell, the applicant’s representative informed the sub-committee of the following points:

·  The proposal was for an alcohol delivery service from 222 Queenswood Drive. There had been email exchanges detailing how the service would operate and addressed issues of noise and disturbance.

·  Originally Mr Miller had proposed to keep the alcohol in his vehicle. However, he now realises that this is not possible and appreciates the difficulties in doing this. Therefore, the proposal is now for the alcohol to be stored in a ground floor room in the premises. Mr Miller will take calls and email orders and then deliver from the premises to the delivery address.

 

Responding to questions from the sub-committee Ms Bell provided the following information:

·  Noise concerns were not well founded as Mr Miller shares the property with his parents who would not tolerate being disturbed by Mr Miller loading his vehicle.

·  The  ...  view the full minutes text for item 7.

8.

Application for the grant of a premises licence for Outside In Sports Bar, Unit 4, Pudsey Business Centre, Kent Road, Pudsey, LS28 9BB pdf icon PDF 555 KB

To consider the report of the Chief Officer Elections and Regulatory on an application for the grant of a premises licence for Outside In Sports Bar, Unit 4, Pudsey Business Centre, Kent Road, Pudsey, LS28 9BB

Additional documents:

Minutes:

The report of the Chief Officer Elections and Regulatory set out an application for the grant of a premises licence for Outside In Sports Bar, Unit 4, Pudsey Business Centre, Kent Road, Pudsey, LS28 9BB.

 

In attendance for this item were:

·  Simon Doswell – Applicant

·  Jack Mills – Applicant

 

The Legal Officer set out the procedure for the hearing.

 

The Licensing Officer presented the application as follows:

·  This application was for an indoor sports bar and sports simulator and games room.

·  The application was attached at Appendix A

·  Representation had been received from West Yorkshire Police in their capacity as a responsible authority. However, prior to the hearing the operating schedule was amended to include a number of measures suggested by West Yorkshire Police. A copy of the representation and agreement was attached at Appendix C.

·  The Licensing Authority was in receipt of two individual letters of objection, both of which opposed the application on grounds of public nuisance. Redacted copies of the representations were appended to the report at Appendix D.

 

Mr Doswell addressed the sub-committee and provided the following information:

·  This is a sports simulator bar for sports such as table tennis, rugby, football etc. The application for a licence is to allow the business to host bigger functions.

·  The front door is adjacent to flats, and it was the applicants believe that the objections had come from residents of the flats due to people using the front door area for smoking. He was of the view that if the rear door was used as a smoking area this would mitigate the issue.

 

Responding to questions from the sub-committee the following information was provided:

·  After 9pm the car park is monitored by people employed by the applicant

·  They did wish to keep the front door as the main access.

·  The applicant did not wish to use the activity of performance and dance as set out in section G of the application form.

·  There are residential properties about 100 metres away from the premises with trees in between. If the rear door was used for smoking it is a sunken area that could be screened with fencing, which would mitigate sound.

·  The venue operates through a bookings system and is used for team events, birthday parties and christenings. It is for use of both children and adults.

·  The garden area is part of the unit, and it would be nice to use in summer.

 

The applicant clarified that non-standard timings were only required for:

·  Christmas Eve 09:00 – 01:00am

·  New Year’s Eve 09:00 – 02:00am

 

It was also clarified that sales of alcohol would be on premises only.

 

Member’s discussions included:

·  Residential area, with properties close to the business unit.

·  The smoking area needs addressing.

 

RESOLVED – To grant the premises licence with the following conditions:

·  for internal area only  

·  supply of alcohol on premises only

·  non-standard timings:

o  Christmas Eve 09:00 -01:00am

o  New Year’s Eve 09:00 – 02:00am

 

The meeting concluded at 14:00