Agenda and minutes

Licensing Sub-Committee - Tuesday, 20th August, 2024 10.00 am

Venue: Civic Hall, Leeds, LS1 1UR. View directions

Contact: Governance Services  Agenda papers will be published on the Council’s website ahead of each meeting. 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 Cllr Bowden 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:

The agenda contained no exempt information. However, the Committee was advised that it may be necessary for the meeting to move into closed session should Members wish to discuss the details of the Intelligence Document at page 29 of the agenda pack that West Yorkshire Police held on the New Middleton.

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.

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 declaration of interests were made at the meeting.

6.

Certification of Films – The Annihilation of Fish pdf icon PDF 150 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 advised the Licensing Sub Committee Members of an application for the certification of a film titled, The Annihilation of Fish, to be screened on the 6th September 2024, at Hyde

Park Picture House, Brudenell Road, Headingley, LS6 1JD.

 

A copy of the current BBFC Classification Guidelines had been made available for Members.

 

The Licensing Officer presented the application providing the following details:

·  A report detailing the film requesting certification, including a synopsis and the applicant’s recommended rating, was appended to the report at Appendix A.

·  To assist Members with their deliberation, officers of the Licensing Authority had viewed the film and provided comments in accordance with BBFC Classification Guidelines. This was attached to the report at Appendix B.

·  Details of the film including an advance screener have been provided to the Licensing Sub Committee Members in advance of the hearing.

·  It was noted that a representative of Hyde Park Picture House was not present at the meeting but could be contacted via a telephone call should Members wish to ask any questions.

 

RESOLVED – To grant a certification of a 15 rating as requested.

7.

Application to Vary a Premises Licence held by New Middleton, 4 Thorpe Street, Middleton, Leeds, LS10 4HD, to specify an individual as Designated Premises Supervisor pdf icon PDF 129 KB

To receive and consider the attached repot 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 New Middleton, 4 Thorpe Street,

Middleton, Leeds, LS10 4HD, to specify a new individual as the Designated Premises Supervisor.

 

In attendance at the meeting were:

·  Tanya Clowes - Licence Holder and Applicant

·  Michaela Grainger – proposed Designated Premises Supervisor

·  Sarah Blenkhorn, West Yorkshire Police – Objector

·  Jane Wood, Senior Liaison and Enforcement Officer – attending to support the Principal Licensing Officer presenting the application and to respond to any questions by the panel members regarding recent liaisons with the premises.

 

The Legal Officer outlined the procedure for the meeting.

 

The Principal Licensing Officer presented the application providing the following information:

·  The applicant was Ms Tanya Clowes, who was proposing Michaela Grainger as the Designated Premises Supervisor (DPS). A copy of the application was attached at Appendix A of the report.

·  A history of the premises was included within the submitted report at Paragraph 2, including the outcome of the substantive review hearing on 18th June 2024.

·  A copy of the police objection was appended to the report at Appendix B. Further to their objection, West Yorkshire Police had provided the document at Appendix C indicating they hold multiple pieces of intelligence relating to the premises which they intended to share during closed session only.

 

Ms Clowes the applicant and Ms Grainger provided the Sub-Committee with the following information:

·  They already ran the premises together, however, Ms Clowes said that Ms Grainger was in fact there more than herself.

·  Ms Clowes had taken on the premises in 2022 and there had been no incidents at the premises until this year when the premises had to be reviewed due to a number of breaches of the licence and disorder immediately outside the premises. They recognised that they should have applied for a Temporary Event Notice. They said that they had learnt from this incident and had done as requested ensuring that all documentation and notices required were now in place and CCTV, with 32 cameras was fully operational and compliant.

·  Ms Grainger is the partner of Colin Jackson who is the uncle of David Jackson Junior, but that Colin Jackson has no input in the running of the premises. It was noted that Colin Jackson is almost 60 years old and on dialysis awaiting an operation, he does run the snooker and pool club at the New Middleton. 

 

West Yorkshire Police presented the following information:

·  The objection notice set out the reasons for the Police objection. The letter referred to incidents whilst the Jackson family had run the premises, ending in revocation of the licence.

·  Tanya Clowes had applied for the premises licence in 2022, which was granted despite objections from the Police. In granting the licence, conditions were applied that stated David Jackson was not to be involved with the running of the business. It was noted that David Jackson owns the premises.

·  Michaela Grainger is the partner of Colin Jackson, who  ...  view the full minutes text for item 7.

8.

Application to Vary a Premises Licence held by Sabura, 246 Dewsbury Road, Hunslet, Leeds, LS11 6JQ pdf icon PDF 111 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 requested Members consideration for an application to vary a premises licence, made by Antonio Carlos Duarte Soares, for Sabura, 246 Dewsbury Road, Hunslet, Leeds, LS11 6JQ.

 

Prior to the start of the meeting Cllr Wray who had made representation in objection to the application, informed Entertainment Licensing that he had withdrawn his representation as the applicant had agreed to the reduced hours of operation suggested by Cllr Wray.

 

The Sub- Committee were advised that the applicant and the applicant’s representative were unable to attend due to unforeseen circumstances.

 

Cllr Carlisle attended the meeting as the outstanding objector to the application.

 

The report of the Chief Officer, Elections and Regulatory, provided the Sub-Committee with the following information:

·  The applicant was Antonio Carlos Duarte Soares who had applied to vary the premises licence to:

o  Alter the plans to include the outdoor eating area at the front of the premises;

o  Add additional conditions to the licence;

o  Extend the existing hours for the sale by retail of alcohol and late-night refreshment.

·  A copy of the current Licence was appended to the report at Appendix A and a copy of the application was appended at Appendix B

·  A history of the premises was sent out at Paragraph 2 of the submitted report.

·  The applicant proposed to promote the licensing objectives by taking the additional steps identified in the document attached at Appendix C.

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

·  Representations had been received from West Yorkshire Police and the Environmental Protection Team in their capacity as responsible authorities. It was noted that any representation may be negotiated prior to the hearing and in this instance agreements to adopt additional measures had been reached between with each authority. A copy of the representation and agreement reached with West Yorkshire Police attached at Appendix E and a copy of the representation and agreement reached with the Environmental Protection Team was attached at Appendix F of the submitted report.

·  The application had attracted two representations from local ward councillors who were opposed to this application on the grounds of public nuisance. Redacted copies of the representations were attached to the report at Appendix G. Members had received a copy of an email from Cllr Wray which confirmed he had withdrawn his objection due to amended times of operation being agreed.

·  A list of premises in the local area and their licensed hours and activities had been provided at Appendix H.

 

Cllr Carlisle informed the Sub-Committee that he wished to adjourn the hearing, as he was of the view that his objection to the application was not just about the hours of operation. The Chair invited Cllr Carlisle to expand on why the hearing should be adjourned.

 

Cllr Carlisle informed the Sub-Committee that issues had been raised in relation to the premises whilst in the ownership of the previous licence holder and the current licence holder. The issues  ...  view the full minutes text for item 8.