Agenda and minutes

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 – That Councillor J Illingworth be elected as Chair for the hearings.

 

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:

There was no 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.  Supplementary information was submitted in relation to Agenda Item 6 – Review of the Premises Licence for Madison Bar & Grill, 486 Harehills Lane, Leeds, LS9 6NG.

 

 

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 interest were made.

 

6.

Review of the Premises Licence for Madison Bar & Grill, 486 Harehills Lane, Leeds, LS9 6NG pdf icon PDF 152 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 from the Licensing Authority for the review of a Premises Licence held at Madison Bar & Grill. Representations had also been made by West Yorkshire Police and the Environmental Protection Team

 

Prior to the hearing all parties present agreed to the application being considered by two Members of the Sub-Committee.  The Legal Officer then informed of the procedure to be followed for the hearing.

 

The following were in attendance:

 

Carmel Brennan – Licensing Authority

PC Andy Clifford – West Yorkshire Police

Laura Ramsden – Supporter of the premises

Steve Kelly – Supporter of the premises

Salman Haydaran

 

The Licensing Officer outlined the application to review the license which had been submitted with regards to the prevention of crime and disorder and public nuisance.  There had also been representations submitted by West Yorkshire Police and the Environmental Protection Team.  There had also been 13 individual representations of support for the premises.

 

Carmel Brennan outlined the case on behalf of the Licensing Authority.  This was the third review that had been submitted for the premises although previous reviews had included different operators. The sub-committee was given a summary of the outcome of previous reviews.  The current Premises Licence had been granted in October 2020 following the agreement of a number of additional conditions.  Concern had been raised following an incident at the premises and it had become clear that there had been breaches of the licence and conditions and the premises had been issued with a closure notice.

 

Further issues highlighted included the following:

 

·  Reference was made to the conditions to the licence and that these had appeared to have been ignored despite being given the appropriate advice on several occasions.

·  There was some confusion over who was running the premises.  A previous DPS and the landlord of the building, Mr Salman Haydaran was believed to still be involved with the running of the premises.

·  There was no confidence that the premises could be operated in a safe way under the existing management of be compliant with the licence and law.

·  In response to questions from the Sub-Committee, the following was discussed:

o  The premises claimed to be operating in a restaurant style and would be food led in order to obtain a licence.

o  Concerns over the CCTV provision and staff not being able to operate the system.  This was considered to be one of the most important conditions of the licence.

o  Provision of a drug safe.

o  Concerns in the food safety officers report about carbon monoxide.

 

PC Clifford addressed the Sub-Committee with information to support the review.  This included the following:

 

·  Reference was made to previous incidences of crime and disorder and public nuisance that was associated with the premises.

·  There were still links to previous licence holders when the problems had occurred and conditions of the licence ignored and it was felt that there was an unwillingness to comply with the licence.

·  Concern that the premises  ...  view the full minutes text for item 6.

7.

Application to vary a premises licence held by The Madison Bar & Grill Ltd, 486 Harehills Lane, Leeds, LS9 6NG, to specify an individual as designated premises supervisor pdf icon PDF 107 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 to vary a premises licence held by Madison Bar & Grill Ltd, 486 Harehills Lane, Leeds, LS9 6NG to specify an individual as Designated Premises Supervisor (DPS).

 

The Legal Officer explained the procedure to be followed and the Principal Licensing Officer presented the application.

 

An application had been made to vary the Premises Licence to specify Mr J O’Donnell as the designated premises supervisor at the Madison Bar & Grill.  A representation had been made by West Yorkshire Police in objection to the application.

 

The following were in attendance:

 

PC A Clifford – West Yorkshire Police

Mr J O’Donnell

 

Mr O’Donnell addressed the Sub-Committee.  He informed them that he had previously been the Designated Premises Supervisor and had left in December 2019.  Since then there had been two others in the post before he had been asked to return.  It was confirmed by the Principal Licensing Officer that Mr O’Donnell’s Personal Licence was still current and that today it was the Designated Premises Supervisor which was being considered.

 

A supporter of Mr O’Donnell addressed the Sub-Committee and reported that Mr O’Donnell had returned to help the business move forward.  Mr O’Donnell was experienced in running the premises and would be able to train others.

 

PC Clifford addressed the Sub-Committee.  The objection had been submitted as Mr O’Donnell was the Designated Premises Supervisor when the Licence at the premises had previously been revoked due to serious crime and disorder.  It was felt inappropriate that the same people should be in charge.

 

The Chair concluded the open session of the hearing before the Sub-Committee went in to private session to make their decision.  All parties were informed that the decision would be sent within 5 working days.

 

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.