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 2474095 after the hearing.
Election of the Chair
RESOLVED – That Councillor Wilkinson be elected as Chair for the duration of the meeting.
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 Services at least 24 hours before the meeting)
There were no appeals against refusal of inspection of documents.
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.
RESOLVED – That in accordance with Regulation 4 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England)
Regulations 2012, the public be excluded from the meeting during
consideration of the following parts of the agenda designated as exempt 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 public
were present there would be disclosure to them of exempt information so
designated as follows:-
(a) Supplementary information to the report entitled, ‘Application for the Grant of a Premises Licence for Black Swan 37, Call Lane, Leeds, LS11 9AT’, referred to in Minute No. 100 is designated as exempt from publication in accordance with Access to Information Procedure Rule 10.4(1), (2) (3) and (7) in order for Members to receive witness statements and information from West Yorkshire Police;
(b) The Sub Committee also noted that the press and public would also be excluded from that part of the hearing where Members deliberate the application as it is in the public interest to allow the Members to have full and frank debate on the matter, as allowed under the provisions of the Licensing Procedure Rules.
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)
A late item was submitted to the agenda which was accepted for consideration by the Chair as follows:
“Application for the grant of a premises licence for Bargain Booze, 23 Nora Place, Bramley, Leeds, LS13 3JE” Minute No.103 refers.
Supplementary information was received in relation to Agenda Item 7 “ Application to vary a premises licence held by Clayton Hotel Leeds City Walk, Holbeck, Leeds, LS11 9AT.”
Supplementary information was also received from both the Applicant and West Yorkshire Police in relation to Agenda Item 6 “Black Swan, 37 Call Lane, Leeds, LS1 7BT.” Minute No 100 refers.
Declarations of Disclosable Pecuniary Interests
To disclose or draw attention to any disclosable pecuniary interests for the purposes of Section 31 of the Localism Act 2011 and paragraphs 13-16 of the Members’ Code of Conduct.
No declarations were made.
To receive an application made under section 17 of the Licensing Act
2003 for a new premises licence in respect of the above mentioned
The Sub Committee heard an application for the grant of a premises licence for Black Swan, 37 Call Lane, Leeds, LS1 7BT.
It was noted that the premises benefited from an existing premises licence. The application proposed an entirely new operating schedule, which included an extension of the terminal hour for licensable activities.
Present at the hearing were:
Mr Ord – Premises Licence Holder
Mr Lyons- Licence Holders Agent
PC Arkle – West Yorkshire Police
Ms Holden – Leeds City Council Licensing Authority
Mr Mudhar – Leeds City Council Environmental Protection Team
It was reported that the premises were situated within a Cumulative Impact Area (Red Zone) and as such representations had been received from West Yorkshire Police, Leeds City Council Licensing Authority and – Leeds City Council Environmental Protection Team.
Mr Lyons addressed the Sub Committee submitting that there were exceptional circumstances relating to this application as follows:
25 other premises in the vicinity to the Black Swan traded later than the Black Swan putting the venue at a disadvantage. It was highlighted that the venue was also unique to the area, it was not drink driven and nor were there any drinks promotions. Mr Lyons stressed that the Black Swan “raised the bar” due to the high quality food and drink on offer.
The premises had recently been re-furbished at a cost of approximately £250,000.
The venue was unique in that food would continue to be served until late into the evening and until 3.30am if the application was granted. Furthermore, that after 6pm the first floor of the premise would be reserved for dining only.
The applicant also proposed to reduce the capacity of the venue from 450 to 375 people.
The Sub Committee were informed that the current licence which permits alcohol to be sold until 3am meant that the Black Swan could not continue to service its customers after this hour and that they subsequently went to other venues to get served.
Allowing the venue to stay open for the extra hour requested would also mean a more gradual dispersal of patrons, which would help reduce problems caused by large numbers of people spilling onto Call Lane all at once.
The Sub Committee heard that the venue had successfully operated longer opening hours on several occasions through the use of Temporary Event Notices and had received no objections.
Mr Lyons refuted evidence submitted by West Yorkshire Police about crimes being committed on the premises of the Black Swan. It was also highlighted that no residential objections to the premises had been received at any time.
Mr Lyons addressed the representation made from the Environmental Protection Team explaining that one complaint had been made about the Black Swan and that this was due to the failure of a fire escape which allowed noise to escape the building.
Members asked why the applicant wanted to open for an extra hour, it was explained that the applicant wished to have commercial parity to help maintain his customer base. ... view the full minutes text for item 100.
To receive an application made under section 34 of the Licensing Act 2003 to vary a premises licence in respect of the above mentioned premises.
The Sub Committee heard an application to vary the premises licence held by Clayton Hotel, Leeds City Walk, Holbeck, Leeds, LS11 9AT.
The application was to extend the current hours for the sale of alcohol, provision of live music, provision of performance of dance, provision of anything of similar description from 10:00am to 01:00am every day and for the provision of late night refreshment every day from 11:00pm to 01:00am.
The application had received representations from Scanlans Property Management on behalf of local residents.
Present at the hearing were:
Mr J Quinn and Mr Clark Coates of Crescent Brook – The applicant
Ms Perraton – Licence Holder’s agent
Paul Christopher – Scanlan’s Property Management
Brian Hunt – Local resident
The applicant addressed the Sub-Committee. Issues highlighted in discussion and further to questions from Members included the following:
That the applicant only took over the hotel last year, and was re-furbishing the hotel with a view to it achieving 4 star status. The hotel was also benefitting from a new management team.
It was highlighted to the Sub Committee that the layout of the ground floor would not be changing despite the re-furbishment.
The hotel wanted to hold wedding receptions and as such needed to be able to play recorded and live music.
Representations had been received from the Environmental Protection Team but these had been withdrawn due to agreement being reached, meaning that no statutory authorities had an objection to the application.
The Sub- Committee were informed that the hotel was taking steps to reduce the amount of noise from residents smoking outside and taxis arriving. More night porters and security staff were being employed and smokers were being encouraged to use the rear of the building. There were also notices about noise at the front of the hotel. Furthermore all staff were being re-trained and more staff will be obtaining personal licences.
Ms Perraton also confirmed that a telephone number will be made available for residents to contact the management of the hotel directly, should they have any issues in relation to noise or anti-social behaviour.
Members asked questions about the noise from residents returning to the hotel late at night and smoking outside the hotel and how this could be addressed. Members were informed about the increase in trained night staff and the greater emphasis being placed on getting people to leave and return to the hotel quietly.
The Sub-Committee heard from the objectors Mr Christopher of Scanlan’s Property Management and Mr Hunt a local resident. They explained the issues of noise and anti-social behaviour associated with residents of the hotel over the last few years. The Sub Committee were informed that large numbers of stag and hen do’s base themselves at the hotel creating a lot of noise late into the night. They acknowledged that issues do get resolved by the hotel but that often management can be dismissive of residents’ complaints.
The Sub Committee heard that West Yorkshire Police had been ... view the full minutes text for item 101.
To receive an application made under section 17 of the Licensing Act 2003 ("the Act") for a premises licence in respect of the above mentioned premises.
The Sub Committee heard an application for the grant of a premises licence for a convenience store, Cross Gates Filling Station, 644 York Road, Leeds, LS14 6UJ.
The application related to the sale by retail of alcohol.
Mr Mitchener – Licence Holders Agent
One letter of objection had been received in relation to the application.
Mr Mitchener addressed the Sub-Committee and put forward the following:
That the only representation made by the statutory authorities (West Yorkshire Police) had been withdrawn.
The objector had raised concerns about litter should a licence to sell alcohol be granted. Mr Mitchener confirmed that the site around the convenience store would be kept litter free and run by operators who were responsible. Bins would also be placed on the forecourt. Furthermore it was put to the Sub Committee that the objections raised were not relevant to the licensing objectives.
All staff are trained in relation to the sale of alcohol and tested on a three monthly basis. Furthermore the company operates a challenge 25 policy and a refusals and incident log is routinely maintained.
The Sub Committee were informed that the store was being upgraded and would feature smart, well known branding on the outside.
The Sub-Committee carefully considered the application and the objection. They fully understood and respected the concerns raised by the objector. Having considered the information provided by the Applicant, the Sub-Committee could see no reason why granting the Application would be likely to impact on the licensing objectives.
RESOLVED – That the application be granted as applied for.
To receive an pplication for the grant of a premises licence for Bargain Booze 23 Nora Place, Bramley, Leeds, LS13 3JE
The Sub Committee heard an application for the grant of a premises licence for Bargain Booze, 23 Nora Place, Bramley, Leeds, LS13 3JE.
This was the first application for the premises which had previously traded as a chemist.
In attendance were:
Mr A Pandit – Proposed Licence Holder
Ms Sherratt – Licence Holders Agent
Cllr K Ritchie – Objecting
Several members of the public – objecting
Ms Sherratt addressed the Sub Committee, she highlighted the following:
Alcohol sales would form 20 – 25% of of total sales, due to this being ‘select’ convenience store and not just a store selling alcohol.
The operators were very experienced and ran a similar convenience store in Bradford, having had no issues or complaints with regards to their operation.
The applicant would be investing a total of £90,000 to re-furbish the store which would have a state of the art till system offering prompts on all sales of alcohol.
The staff running the store would be trained on alcohol sales and would all also be required to attain personal licences. The owner, Mr Pandit, would be working at the store full time.
The Sub – Committee heard that Bargain Booze franchises had operated successfully in Leeds for many years and that 13 stores were currently open. None of the stores had ever been subject to a review of the licence.
It was confirmed to the Sub-Committee that West Yorkshire Police were happy with the CCTV being installed and the check 25 policy to be adopted.
In addressing the representations made Ms Sherratt contended that objections raising concerns about parking and traffic were not a relevant issue for the Sub-Committee.
It was confirmed that the premises would be looked after, kept litter free and have a positive impact on the area.
It was highlighted that stores in the area such as Tesco had similar licensing hours.
Crime mapping statistics were raised and it was put to the Sub- Committee that this was a lightly policed area that posed few problems for the Police.
Members sought confirmation on the percentage of alcohol sales and also asked what consultation had been undertaken with local residents. It was confirmed that only notices in the papers had been used to consult with the residents.
Councillor Ritchie addressed the Sub-Committee raising concerns that if the licence should be granted it could cause anti-social behaviour to spread towards this otherwise quiet neighbourhood. Other premises in the area do not stay open until 11:00pm and that granting this application would encourage other licenced premises to stay open until this time.
Councillor Ritchie considered it highly likely that should the licence be granted there would be an increase in litter in the area.
Concern over the increased traffic in the area was raised with the Sub-Committee and the potential risk to public safety.
The Sub – Committee heard concerns about public health specifically the protection of children and the high levels of domestic violence in the Bramley and Stanningley ward often ... view the full minutes text for item 103.