Agenda and minutes

Licensing Sub-Committee - Tuesday, 28th June, 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 Councillor L Richards as Chair throughout 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.

 

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:

A formal late item was published and circulated to Sub-Committee Members prior to the meeting, regarding a temporary event notice for Halton Moor Amateur Boxing Club, Halton Moor, Cartmell Drive, Halton, Leeds, LS15 0DE. Minute No.7 refers.

 

 

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 interests were raised at the meeting.

 

6.

Certification of Films – ‘We Are Mountains’ by Hyde Park Picture House pdf icon PDF 103 KB

The attached report of the Chief Officer (Elections and Regulatory) advises Licensing Sub Committee Members of an application for the certification of a film to be screened at The Pyramid Theatre, Leeds University Union, Leeds, LS2. The screening is scheduled to take place on the 21st July 2022.

 

Additional documents:

Minutes:

The report of the Chief Officer (Elections and Regulatory) set out an application for the certification of a film to be screened at The Pyramid Theatre, Leeds University Union, Leeds, LS2.

 

The screening is scheduled to take place on the 21st July 2022. The applicant provided an advance screener for the film and recommended a 12A certificate in respect of the film titled, ‘We Are Mountains’.

 

It was noted that the promoter’s assessment of the film was accurate and there were no concerns with a 12a rating for this film in accordance with the BBFC guidelines.

 

The following were in attendance for this item:

o  Rob Barham (Applicant)

 

The Legal Officer outlined the procedure to be followed.

 

In response to a question from a member, it was confirmed that it was unlikely people under the age of 12 will be attending, primarily due to the location of the venue.

 

RESOLVED - To grant the application ‘We Are Mountains’ as 12a as applied for.

 

7.

Temporary event notice for Halton Moor Amateur Boxing Club Halton Moor Amatuer Boxing Club, Cartmell Drive, Halton, Leeds, LS15 0DE pdf icon PDF 103 KB

To receive and consider the attached report of the Chief Officer (Elections and Regulatory) advising Members of a temporary event notice (TEN) which has been received by the Licensing Authority in respect of an event at Halton Moor Amateur Boxing Club, Cartmell Drive, Halton, Leeds, LS15 0DE.

 

Additional documents:

Minutes:

The report of the Chief Officer (Elections and Regulatory) advised Members of a temporary event notice (TEN) which has been received by the Licensing Authority in respect of an event at Halton Moor Amateur Boxing Club, Cartmell Drive, Halton, Leeds, LS15 0DE.

 

The notice has been submitted to authorise licensable activities during a contact sport event.

 

West Yorkshire Police served an objection notice to the TEN on the grounds of prevention of Crime and Disorder.

 

In summary, the application sought licensable activities for sale by retail of alcohol, provision of regulated entertainment and provision of late-night refreshment from 12:00 hours on the 17th of September 2022 until 1:00 hours on the 18th of September 2022. It was noted that the maximum capacity of the event is 400.

 

The following were in attendance for this item:

o  PC Andy Clifford (West Yorkshire Police)

 

The Legal Officer set out the procedure to be followed and the Licensing Officer outlined the application.

 

It was noted that since April 2018, the licence is currently suspended due to non- payment of the annual fee.

 

The applicant was not in attendance at the hearing.

 

PC Clifford addressed the Sub-Committee and explained the main reason behind his representation, related to an event held on 17th October 2021. The incident related to attacks on two males that had visited the club. The males were denied alcohol due to not being able to pay in cash and could only pay by card. The males were then assaulted inside of the club. One of the males left their car and house keys inside the club, to which he later returned to retrieve his keys and was again assaulted. The injuries sustained led to hospital attention. It was believed that the suspects are linked to the operations of the club and following the attacks, the operators of the premises have been unwilling to co-operate with the police in terms of providing names and contact details of attendees and it is sensed that there is fear of reprisals amongst the attendees if they are seen to be helping the police.

 

Further to the event on 17th October 2021, a female was assaulted outside of her home whilst trying to help her partner who was assaulted. A car window had also been damaged by a folding chair that apparently came from the premises in question. The chair was collected from the scene, and footage of this has been captured on CCTV.

 

PC Clifford explained that he did not previously object to the TEN for the event in December 2021 as the victim was not well enough to be interviewed when the TEN was served in October for the December event. It was believed that the victims of the assault are not being dishonest and are described as good people in the local community. Finally, PC Clifford confirmed that the club has not done anything to assist nor take responsibility for what has happened.

 

In response to questions from Sub-Committee  ...  view the full minutes text for item 7.

8.

Application for the grant of a premises licence for Off Licence 15B Middleton Park Circus, Middleton, Leeds, LS10 4LX pdf icon PDF 210 KB

The attached report of the Chief Officer (Elections and Regulatory) set out an application for the grant of a premises licence, made by Ms Roielle Morris, for Off Licence 15B Middleton Park Circus, Middleton, Leeds, LS10 4LX.

 

Additional documents:

Minutes:

The report of the Chief Officer (Elections and Regulatory) set out an application for the grant of a premises licence, made by Ms Roielle Morris, for Off Licence 15B Middleton Park Circus, Middleton, Leeds, LS10 4LX.

 

The following were in attendance for this item:

o  Roielle Morris, Premises Manager

o  Saman Fakhri, Premises Owner

 

In summary, the application proposes sale of alcohol Monday – Saturday 09:00 until 22:30 and Sunday 11:00 until 22:30.

 

Representations have been received from West Yorkshire Police (WYP) in their capacity as a responsible authority, and two members of the public. The operating schedule has been amended to include measures agreed with WYP.

 

The Premises Manager addressed the Sub-Committee and explained that the premises will offer a range of cuisines for the local community, including Middle Eastern, Asian, and other European countries. It was mentioned that whilst the shop intended to offer alcohol, the premises will primarily be food orientated. Further points highlighted included:

·  The premises will have CCTV, and there are shutters as well as a metal gate being installed at the back of the premises during closing hours.

·  Nobody under the age of 18 will be allowed inside the premises.

·  Challenge 21 will be enforced.

·  There will be no obstructions for patrons entering / exiting the premises.

·  Fire and risk assessments have been undertaken.

·  The Premises Manager has successfully obtained her SIA badge as well as receiving her personal licence.

·  The Premises Manager has previously managed Silks Gentlemen Club and has experience between the ages of 18-22.

·  The owner has found it difficult within his community with the food and drinks that are available and wishes to offer a variety of cuisines.

 

In response to questions from Sub-Committee Members, the following was confirmed:

·  There will be 1 fridge, 4 metres long that will be devoted to drinks in the premises and the layout of the shop promotes food provision.

·  Due to previous experience, the manager understands the importance of implementing CCTV.

·  Measures suggested by the police have been agreed and conversations will be had with the police in due course.

·  There will be 3 people working in the shop, and it will primarily be a family run business. The manager explained that she has already expressed the importance to the owner of undertaking training around fire safety.

·  Patrons under the age of 18 are unable to enter the shop, unless supervised by an adult.

·  Further to comments made about engagement, members encouraged the manager and owner to reassure neighbours on the emphasis of a food led shop. It was acknowledged that this will be a positive statement for neighbours to hear.

 

The Chair concluded the open session of the hearing before the Sub-Committee went into 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  ...  view the full minutes text for item 8.