Agenda and minutes

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

RESOLVED – Councillor Buckley was elected Chair of the Sub Committee.

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)

There were no appeals against the refusal of inspection of documents.

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.

The agenda contained no exempt information.

No formal late items of business were added to the agenda, however prior to the hearing the following supplementary information had been provided to Members, interested parties and published on the Council’s website:

Agenda Item 6 – Moon Light, Unit 1, 139 Street Lane Roundhay

·  Supplement 1 – submission from the applicant showing proposed revised hours of operation and key operating conditions for the premises along with a plan of the locality showing other licensed premises and their opening hours/conditions

·  Supplement 2 – submission from the applicant showing proposed drinks and Tapas menu for the premises

·  Supplement 3 - submission from the applicant showing liaison with LCC Environmental Protection Team and a submission from Councillor L Martin on behalf of all Roundhay ward Councillors setting out their opposition to the application

·  Additionally, overnight the Licensing Authority had received one further submission from a local resident in support of their original representation and this was accepted into the matters for consideration with the agreement of all parties.

Agenda item 7 – Premier Banqueting, Stoney Rock Lane, Burmantofts

·  Submission from the applicant and Premises User including the Parties Notice of Intention and a receipt from Premier Banqueting for the proposed event.

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

No declarations of interest were made.

To consider the report of the Chief Officer Elections and Regulatory on an application made by Mr Tuncay Hormetli, for the grant of a premises licence for Moon Light Unit 1, 139 Street Lane, Roundhay, Leeds, LS8 1AA

The Committee considered the report of the Chief Officer Elections and Regulatory on an application for the grant of a premises licence, made by Mr Tuncay Hormetli, for premises to be known as Moon Light, Unit 1, 139 Street Lane, Roundhay, Leeds, LS8 1AA. The premises is intended to operate as a restaurant and bar with Mr Hormetli as Designated Premises Supervisor.

The application sought the following licensable activities:

The sale by retail of alcohol (for consumption both on and off the premises)

Thursday to Saturday  11:00 – 01:00

Sunday to Wednesday  11:00 – 23:30

Provision of late-night refreshment

Thursday to Saturday  23:00 – 01:00

Sunday to Wednesday  23:00 – 23:30

Performance of recorded music

Thursday to Saturday  11:00 – 01:30

Sunday to Wednesday  11:00 – 00:00

Performance of live music, dance and Entertainment of a similar description

Monday to Sunday  19:00 – 23:00

Opening times of the premises

Thursday to Saturday  11:00 – 01:30

Sunday to Wednesday  11:00 – 00:00

The application had attracted representations from Leeds City Council’s Environmental Protection Team, ward Councillors and members of the public on the grounds of crime and disorder, public safety, public nuisance and the protection of children.

The following were in attendance:

Prior to the hearing the Sub Committee had received three supplementary packs of information, the evening before one further communication expanding on a representation had been received from Mr J P Murphy, and this was accepted for consideration on the day.

At the hearing, despite best efforts, it was noted that the Sub Committee was made up of two Members, rather than three. All parties to the hearing agreed to proceed with two Members.

The legal officer outlined the procedure for the hearing. The Entertainment Licensing Officer presented the application and highlighted that the measures suggested by LCC Environmental Protection Team to address public nuisance had been accepted by the applicant and would be included in the premises operating schedule should the application be granted. However, the applicant had not agreed to the reduction in the terminal hour suggested by LCC EPT.

The Sub Committee then heard from Mr Rees-Gay on behalf of the applicant who began by confirming the agreement reached with LCC EPT on measures to address Noise and Vibration.

Mr Rees-Gay provided the Sub Committee with the following information:

·  Mr T Hormetli has 20 years’ experience in the licensing trade and operates six other premises across Yorkshire under the “Olive Branch” name. He manages the Roundhay Olive Branch and will act as DPS for Moon Light. He knows the Roundhay area well and had forged links with the community through local schools and a rugby team.  ...  view the full minutes text for item 6.

To consider the report of the Chief Officer Elections and Regulatory seeking consideration of a Temporary Event Notice and objection notice received from Leeds City Council Environmental Protection Team in respect of Premier Banqueting Premier Banqueting, Stoney Rock Lane, Burmantofts, Leeds, LS9 7TZ

The report of the Chief Officer, Elections and Regulatory presented an objection notice from LCC Environmental Protection Team to a Temporary Event Notice that had been submitted on behalf of Premier Banqueting, Stoney Rock Lane, Burmantofts, Leeds, LS9 7TZ.  The objection notice had been submitted on the grounds of the prevention of public nuisance licensing objectives.

The following were in attendance:

Ms Elizabeth Hebbert – LCC Environmental Protection Team

Mr Alexandru Florin Petrechiuta – the premises user

Mr Florin Marius Bron – the premises user’s representative.

Prior to the hearing the Sub Committee had received a supplementary pack of information submitted by the premises user containing a receipt detailing the arrangements for the proposed event.

At the hearing, despite best efforts, it was noted that the Sub Committee was made up of two Members, rather than three. All parties to the hearing agreed to proceed with two Members.

The Legal Officer outlined the procedure to be followed and the Entertainment Licensing Officer outlined the application which sought the provision of Late Night Refreshment from 23:00 hours on Sunday 16th October 2022 to 05:00 hours on Monday 17^th October 2022.

The Sub Committee heard from Mr Bron on behalf of the premises user who explained the reason for the application was so Mr Petrechiuta and his family could celebrate his child’s baptism until 05:00 hours. After the request had been submitted, the owner of Premier Banqueting notified Mr Petrechiuta that a complaint had been received regarding noise at the premises and that the doors could be closed to new attendees at 23:00 hours to avoid disturbing the neighbours. Subsequently Mr Petrechiuta spoke to the owner seeking to amend his request to 02:00 or 01:00 hours, as he did not wish to annoy the neighbouring residents and that amendment was repeated for the Sub Committee to consider.

The Sub Committee then moved to ask questions of the premises user and received the following information:

·  The 05:00 terminal hour was sought to accommodate a traditional Romanian baptism where the baptism celebrations are held all night. The family meet together, bake for the celebrations through the day, eat in the evening and then hold the baptism at Midnight, followed by further celebrations.

·  In view of the noise issues now reported to Petrechiuta, he offered to amend the application to request 01:00 as the terminal hour.
80 to 100 attendees were expected.

The Sub Committee heard from Ms E Hebbert LCC EPT who provided an overview of the complaints received over the previous decade relating to Premier Banqueting emanating from its operation as an events venue. Complaints had been received in May, June, July, August and into September 2022 over issues of noise during events, and noise as patrons leave the venue and cars revving in the car park.

A Noise Abatement Notice had been served on 27^th July 2022 to prohibit noise from music and amplified sound. Ms Hebbert stated that the most effective way to address the noise issues was not  ...  view the full minutes text for item 7.