Agenda and minutes

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

RESOLVED – To elect Councillor Ryk Downes to the Chair for the duration of the meeting.

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.

There were no exempt items.

There were no late items.

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

Cllr Ryk Downes declared a non-pecuniary interest in relation to Agenda Item 7 – Review of the Premises Licence for N.A News Limited (BK Store), 78 Harehills Road, Harehills, Leeds, LS8 5NU.

It was noted that Cllr Downes was acquainted with one of the Directors of Whiterose Blackmans Solicitors. However, he had not spoken to this person for more than 6 months.

The report of the Chief Officer Elections and Regulatory, is to advise the Licensing Sub Committee Members of an application for the certification of a film titled, Chess of the Wind, to be screened on the 4th February 2024, at Hyde Park Picture House.

The report of the Chief Officer Elections and Regulatory advised the Licensing Sub Committee Members of an application for the certification of a film titled, Chess of the Wind, to be screened on the 4th February 2024, at Hyde Park

Picture House.

Democracy Reporter Don Mort was present at the meeting.

It was noted that with no advance screener being made available for Members to view the request was made for the film to be awarded an 18 rating, subject to a declaration provided by the distributor.

The distributor had provided a report which included the synopsis, further details on the screening and the written declaration confirming that the film does not contain any content which would more likely than not, render it liable to be classified as R18. A copy of this was appended to the report at Appendix A.

A link to the current BBFC Classification Guidelines was part of the agenda.

Members had read the report, the declaration, and the synopsis. It was the view of the Sub-Committee that the Hyde Park Picture House was a responsible and reputable operator, and the Sub-Committee could see no issues.

RESOLVED – To grant an 18 certification for the film Chess of the Wind as requested.

This report of the Chief Officer Elections and Regulatory informs Members that West Yorkshire Police has served on the licensing authority an application under Section of the Licensing Act 2003 for a review of a premises licence in respect of 78 Harehills Road, Harehills, Leeds, LS8 5NU.

The report of the Chief Officer Elections and Regulatory informed the Members of the Licensing Sub Committee of an application for a licence review made by West Yorkshire Police in respect of N.A News Limited (BK Store), 78 Harehills Road, Harehills, Leeds, LS8 5NU78. The application was made on the grounds of the prevention of crime and disorder, public safety and the protection of children from harm.

In attendance for this meeting were:

·  PC Neil Haywood, West Yorkshire Police – Review Applicant

·  Carmel Brennand, Entertainment Licensing – Representation in support of the review application

·  Councillor Asghar Ali, Local Ward Member – Representation in support of the review application

·  Emilia Slezak, Public Health – Acting as a witness on behalf of the Local Ward Members

·  Miss Guildford – St Paul’s Chambers (Counsel for the Licence Holder)

·  Aamir Masood – Licence Holder and DPS

·  Noreen Yasin – Wife of the Licence Holder – Observing

·  Robina Haq – Independent Translator for the Licence Holder

·  Don Mort - Reporter

The Legal Officer outlined the procedure for the hearing.

The Licensing Officer provided the following information:

·  Supplementary information on behalf of the Licence Holder had been submitted after the publication of the agenda and was now included with the papers.

·  Background information had been provided for the Sub-Committee at paragraph 2 of the submitted report.

·  The application from West Yorkshire Police was appended to the report at Appendix A and included additional information provided at the time of submission. It included police and HMRC officer statements and photographic evidence.

·  Further to the submission of the review application, West Yorkshire Police had served additional information in support of their application. This was attached at Appendix B and comprised of two police officer statements and photographic evidence documenting the seizure of items believed to be smuggled and suspected stolen goods.

·  Mr Aamir Masood is the premises licence holder and Designated Premises Supervisor (DPS). A copy of the premises licence was attached at Appendix C of the report.

·  The premises licence permitted the following:

·  Sale by retail of alcohol

o  Monday to Saturday 06:00 -23:00, Sunday 07:00 -23:00

·  Opening Hours

o  Monday to Saturday 06:00 -23:00, Sunday 07:00 -23:00

·  Non-Standard Timings

o  Christmas Eve and New Years Eve 06:00 - 00:00 hours

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

·  Representations in support of the review application sought by West Yorkshire Police had been received from a Senior Liaison and Enforcement Officer, on behalf of Entertainment Licensing, West Yorkshire Trading Standards, and the Local Ward Councillors. Redacted copies of the representations were attached at Appendix E of the submitted report and original copies had been circulated to Licensing Sub-Committee Members in advance of the hearing.

·  A copy of guidance issued under Section 182 of the Act (Statutory Guidance) was attached at Appendix F.

·  The main issues for the review application were set out at Paragraph 6 of the submitted report and included:

o  The premises was found to have large amounts of non-duty  ...  view the full minutes text for item 7.

The report of the Chief Officer Elections and Regulatory requests Members consideration on an application to vary a premises licence, made by Jagtar Singh Sidhu, for Thornleigh News 25 - 27 Thornleigh Mount, Cross Green, Leeds, LS9 8QW.

The report of the Chief Officer Elections and Regulatory requested Members consideration on an application to vary a premises licence held by Thornleigh News 25 – 27 Thornleigh Mount, Cross Green, Leeds, LS9 8QW.

Don Mort – Democracy Reporter attended for the hearing.

The Legal Officer outlined the procedure for the hearing where the applicant and objectors had not attended. It was noted that Members had received all information and correspondence in relation to the application and any representations that had been made.

The Licensing Officer informed the Sub- Committee that the application initially proposed an increase to the activity Sale by Retail of Alcohol, from 00:00 until 23:59, every day. This would permit the premises to open and trade 24 hours daily. It was then explained that negotiations had taken place between the applicant, their representative and Environmental Protection Team prior to the hearing.

The Environmental Protection Team had suggested measures, including the reduction to the opening and activity hours from 07:00 until 23:00. This had been accepted by the applicant.

The application had attracted representations from two individuals and all three ward councillors. It was noted that all outstanding objectors had been informed of the agreement to reduce the hours. Members were advised that all three ward councillors and one local resident were happy with the revised hours and subsequently contacted the Licensing Authority to withdraw their representations. The Sub-Committee were advised that the applicant’s representative had received an email from the outstanding objector who  which intimated they were happy with the reduced hours, however written confirmation direct to the Licensing Authority had not been received. The Licensing Officer had a copy of the email which was available for Members information.

The Sub-Committee were of the view that if the applicant was still requesting 24 hours opening and activity, they would have had concerns due to the area in which the premises were located. However, they were happy with the measures proposed by the Environmental Protection Team, and that the applicant had listened to advice and agreed to the reduced hours. It was noted that other premises in the area also had similar operating hours.

RESOLVED –To grant the variation to the premises licence as revised for the Sale by Retail of Alcohol and the opening hours to be 07:00 until 23:00. 

The meeting concluded at 12:55