Agenda and minutes

Licensing Sub-Committee - Tuesday, 18th July, 2023 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 Hutchison to the 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 7 - Application for the grant of a premises licence for Graudo Foods, 480 Harehills Lane, Leeds, LS9 6NG, which was circulated to all parties.

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.

Certification of Films - Leeds Festival 2023 pdf icon PDF 138 KB

The report of the Chief Officer Elections and Regulatory advises Members of an application for the certification of films to be shown within the Cinema Tent at Leeds Festival, Bramham Park, Thorner Lane, Leeds, LS23. The exhibition of these films will take place between Thursday 24th and Monday 28th August 2023.

Additional documents:

Minutes:

The report of the Chief Officer Elections and Regulatory advised Members of an application for the certification of films to be shown within the Cinema Tent at Leeds Festival, Bramham Park, Thorner Lane, Leeds, LS23. The exhibition of these films is to take place between Thursday 24th and Monday 28th August 2023.

 

The applicant Marvin Belle on behalf of Film Oxford was available via a phone link for questions from Members of the Licensing Sub Committee.

 

Members had been provided with a link to a copy of the current BBFC Classification Guidelines.

 

The Licensing Officer provided the Sub-Committee with the following information:

·  The application had been received from Film Oxford, on behalf of Festival Republic, to have a number of short films certified as they are not currently certified by the BBFC. The films are due to be shown in the Cinema Tent of the Leeds Festival site, within the grounds of Bramham Park, Leeds, LS23.

·  A list detailing the films that request certification, including a synopsis and the applicant’s recommended rating, was appended to the submitted report at Appendix A. The original copy of this list had been provided to Members of the Licensing Sub Committee in advance of the hearing with links to view advance screeners.

·  To assist members with their deliberation officers of the Licensing Authority had viewed each available film and provided comments in accordance with BBFC guidelines. The title of the film and a brief description where officers had cause for concern were as follows:

o  Don’t Forget to go Home – Scenes of drug use which are in keeping with the BBFC Classification Guidelines for a 15 certificate, as requested. However, officers wished to bring this to the attention of the Licensing Sub Committee due to previous unfortunate events at the festival and the campaigning against drug use by Festival Republic and relevant partner agencies.

o  Hak Baker, Doolally – Scenes of a character inhaling what appears to be nitrous oxide. Non-legitimate use of nitrous oxide is currently controlled under the Psychoactive Substances Act 2016 and means the production, supply, and importation, but not possession of nitrous oxide for its psychoactive effects, is illegal.

o  Ecstasy – Content of light drug use well within keeping of a 15 certificate, as requested. However, for the reason outlined above in relation to ‘Don’t Forget to go Home’, officers thought it prudent to bring this to the attention of the Committee.

·  It was noted that Leeds Festival, Bramham Park, do have the benefit of a premises licence authorising the exhibition of films during the following times this year:

o  Thurs 24th August 2023 19:00 until 03:00 the following day

o  Fri 25th to Sun 27th August 2023 12:00 until 06:00 the following day

·  It was noted that at the festival, there would be the benefit of stewards and SIA door staff.

 

Members discussions included:

·  The location of the films to be shown.

·  They raised concerns in relation to the incidents and fatalities at previous Leeds Festivals and  ...  view the full minutes text for item 6.

7.

Application for the grant of a premises licence for Graudo Foods, 480 Harehills Lane, Leeds, LS9 6NG pdf icon PDF 129 KB

This is an application for the grant of a premises licence made by Graudo Foods Ltd, for Graudo Foods, 480 Harehills Lane, Leeds, LS9 6NG.

Additional documents:

Minutes:

The report of the Chief Officer Elections and Regulatory requested Members consideration on an application for the grant of a premises licence for Graudo Foods Ltd, 480 Harehills Lane, Leeds, LS9 6NG.

 

In attendance at the meeting were:

·  Fausto De Carvalho, Graudo Foods Ltd – Applicant

·  Vanessa Holroyd, Environmental Protection Team – Objector

·  PC Andy Clifford, West Yorkshire Police – Objector

·  Susan Duckworth, Entertainment Licensing – Objector

·  Chetna Patel, Public Health – Objector

·  Cllr Khan, Ward Member for Burmantofts and Richmond Hill - Objector

·  Cllr Manaka, Ward Member for Burmantofts and Richmond Hill - Objector

 

The Legal Officer outlined the procedure for the hearing.

 

The Licensing Officer provided the Members with the following information:

·  This was the first application for a premises licence for these premises. The applicant’s name was Graudo Foods Ltd. The proposed designated premises supervisor (DPS) was Fausto De Carvalho

·  The application was for:

o  Sale by Retail of Alcohol (for consumption off the premises only)

o  Monday to Saturday 08:00 to 20.00

o  Sunday 11.00 to 19.00

·  Members’ attention was drawn to the supplementary information provided by Mr De Carvalho which included a proposal to reduce the offer of alcohol to:

o  Monday to Friday – 12:00pm to 16:00

o  Saturday 12:00pm to 16:00

o  That all sales of alcohol would only be via a delivery service.

·  A redacted version of the application had been attached at Appendix A of the submitted report and the applicant proposed to promote the licensing objectives by taking the steps identified in section M of the application.

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

·  Representations had been received from West Yorkshire Police, Public Health, Entertainment Licensing and the Environmental Protection Team. The representations were attached to the submitted report as follows:

o  Representation lodged by West Yorkshire Police and a supporting statement provided by a Local NPT Officer was appended to the report at Appendix C.

o  Representation by Public Health was attached at Appendix D.

o  Representation lodged by Entertainment Licensing attached at Appendix E

o  Representation lodged by the Environmental Protection Team at Appendix F

·  The application had also attracted representations from the 3 local ward councillors, a local business owner and a member of the public. The joint representation on behalf of the ward councillors was appended to the report at Appendix G.

·  It was noted that representations on behalf of the local business owner and the local resident expressed concern that they may be at risk of retribution should their details be made public. As such their personal details had been redacted. Copies of their representations were attached to the report at Appendix H.

·  It was noted that the premises falls within the Cumulative Impact Area (CIA) for Harehills. The specific CIA for Harehills was appended to the report at Appendix I.

·  A list of licensed premises was attached to the report at Appendix J.

 

Mr De Carvalho informed the Licensing Sub Committee that he had held a premises licence  ...  view the full minutes text for item 7.