Agenda and minutes

Licensing Sub-Committee - Tuesday, 24th April, 2018 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

Minutes:

RESOLVED – That Councillor B Selby be elected as Chair for the hearings.

 

 

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 Services at least 24 hours before the meeting)

 

Minutes:

There were no appeals.

 

 

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:

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 that part of the agenda (agenda item 6 “Silks” Application for renewal of a Sex Establishment Licence) designated as exempt from publication in accordance with paragraph 10.4 (1, 2 and 3) of Schedule 12A(3) of the Local Government Act 1972 on the grounds that the information contained within the documents relate to an individual and include information which is likely to reveal the identity of an individual which that person would not ordinarily expect to be in the public domain. It is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, due to the impact that the disclosure of the

information would have on the individual. (Minute ?? refers)

 

 

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:

The Chair admitted the following supplementary information/late item to the Agenda:

 

·  Supplementary Information - Agenda Item 7 – Application to Vary a

Premises Licence Held by Turtle Bay, Unit A14, The Light, Albion

Street, Leeds

·  Late Item – Agenda Item 9 – Film Classification

 

 

5.

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.

 

Minutes:

There were no declarations of disclosable pecuniary interests.

 

In relation to Agenda Item 6, Application for the Renewal of a Sex Establishment Licence for Silks, Sovereign Place, Leeds; Councillor A Garthwaite made it known that she had recently had discussions with the manager but this would not prejudice her views on the application.  Also with regard to Agenda Item 9, Certification of films, she was known to Wendy Cook who would be presenting the application but had not been involved in any discussions with her.

 

 

6.

Application for the Renewal of a Sex Establishment Licence for Silks, 2 Sovereign Place, Leeds LS1 4SP pdf icon PDF 138 KB

To receive and consider the attached report of the Head of Elections, Licensing and Registration.

Additional documents:

Minutes:

The report of the Head of Elections, Licensing and Registration presented an application for the renewal of a Sex Establishment Licence at Silks, 2 Sovereign Place, Leeds, LS1 4SP.

 

The Licensing Officer presented the application and gave a brief summary of the renewal history of the premises along with the hours of operation.  There had been no representations made from responsible authorities or objections to the application.

 

The following were in attendance:

 

Anthony Lyons – Representing Silks

Elizabeth Morris – Silks

Maria Cunningham – Silks

 

Mr Lyons addressed the Sub-Committee.  This was the sixth year that the premises had held a Sexual Establishment Licence and there had been no issues with the operation over the previous twelve months.  All operating policies and safeguarding procedures would remain the same and renewal was sought on the same terms as the previous year.  The Sub-Committee’s attention was brought to photographs of the frontage of the premises which was also to be agreed as part of the application.

 

The Licensing Sub-Committee carefully considered the application, the report and the representations made at the hearing.

 

RESOLVED – That the application be granted as applied for.

 

 

7.

Film Certification pdf icon PDF 132 KB

To receive and consider the attached report of the Head of Elections, Licensing and Registration

 

Additional documents:

Minutes:

The report of the Head of Elections, Licensing and Registration presented an application for the certification of films to be shown at the Hyde Park Picture House, Brudenell Road, Leeds on Tuesday, 8 May 2018.

 

The Licensing Officer presented the report and informed the Sub-Committee that the application had been received as the films had not been classified by the BBFC.  The report outlined a brief synopsis of the films to be shown and a Category 18 classification had been suggested by the applicant.

 

Wendy Cook of the Hyde Park Picture House addressed the Sub-Committee.  The Sub-Committee was informed that both films to be shown, The Room and Best F(r)iends, had scenes that contained bad language, violence and sexual content although none of these were overly graphic.  It was reported that even though both films sat closely with the Category 15 classification guidelines outlined by the BBFC that a Category 18 certification would be appropriate.

 

The Licensing Sub-Committee carefully considered the application, the report and the representations made at the hearing.

 

RESOLVED – That the application be granted as applied for and the films ‘The Room’ and ‘Best F(r)iends be given Category 18 certification.

 

 

8.

Application to Vary a Premises Licence Held by Turtle Bay, Unit A14, The Light, Albion Street, Leeds, LS1 8TL pdf icon PDF 39 KB

To consider a report by the Head of Elections, Licensing and Registration which sets out details of an application to vary a premises licence held by Turtle Bay, Unit A14, The Light, Albion Street, Leeds, LS1 8TL.

 

(Report attached)

Additional documents:

Minutes:

The report of the Head of Elections, Licensing and Registration presented an application to vary a Premises Licence held by Turtle Bay, Unit A14, The Light, Albion Street, Leeds.

 

The Licensing Officer presented the application.  The Sub-Committee was informed that the premises fell within the red zone of the Cumulative Impact Area and a previous application to vary the Licence had been refused in June 2017.  The applicant had now provided additional information to support their application.  The applicant had originally been presented to the Sub-Committee on 20 March 2018 when it had been adjourned at the request of the applicant’s representative.  Objections to the application had been received from West Yorkshire Police and the Applicant’s representative.

 

The Sub-Committee was informed of the licensing history of the premises and this application sought to extend the hours for the sale of alcohol and provision of recorded music until 01:00 on Fridays and Saturdays; the provision of Late Night Refreshment and opening hours of the premises until 01:30 hours on Fridays and Saturdays.

 

The following were in attendance for this item:

 

-  Anthony Lyons – Representing Turtle Bay

-  Steven Entwistle – Development Director, Turtle Bay

-  PC Cath Arkle – West Yorkshire Police

-  Susan Holden – Licensing Authority.

 

The Applicant’s representative addressed the Sub-Committee.  Attention was brought to Turtle Bay’s Licensing Presentation pack which had been included in the Agenda papers.  He highlighted the following in support of the application:

 

·  The premises were currently allowed to remain open until 01:00.  This application would only permit a further 30 minutes.

·  The applicant has designed and delivers the same package across other cities in the UK and wants to do the same in Leeds.

·  Turtle Bay was primarily a food led business and the brand operated in 40 cities across the UK. 21 of these premises were located in Cumulative Impact Zones including Newcastle, Nottingham, Liverpool, Bristol, Birmingham and York. The applicant representative reported that York has issues with crime and disorder with stag and hen do’s, but Turtle Bay trades there and without issue.

·  Drink offers at the premises were limited and jugs of alcohol, shots and spirits by the bottle were not sold.

·  The only draft beer is Red Stripe, there is a limited range of cocktails and ten wines available by the glass.

·  Following the previously refused application, Leeds Council’s Licensing Policy had been analysed and it was felt that the reasons outlined in the supporting document demonstrated that this application would not contravene the licensing objectives.  The premises had recently operated extended hours with the use of Temporary Event Notices and these had been successfully operated without incident.

·  The applicant acknowledged that there had been an increase in crime statistics for the red zone of the cumulative impact area and a freedom of information request had highlighted that no incidences of crime had been attributed to customers or the operation of Turtle Bay.

·  If the police had any issues with the premise, this would have been disclosed. Previous  ...  view the full minutes text for item 8.

9.

Application for the grant of a premises licence for Freedom Mills Unit 47, Washington Street, Kirkstall, Leeds, LS3 1JQ. pdf icon PDF 108 KB

To receive and consider the attached report of the Head of Elections, Licensing and Registration.

Additional documents:

Minutes:

The report of the Head of Elections, Licensing and Registration presented an application for the grant of a Premises Licence for Freedom Mills, Unit 47, Washington Street, Kirkstall, Leeds.

 

The Licensing Officer informed the Panel that prior to the hearing, both the Applicant and Licensing Authority had agreed to adjourn to a future date.

 

The following were in attendance:

 

Michael Waters – Licensing Authority

Samantha Longfellow – Licensing Authority

Joshua Threlfall – Director, Freedom Mills

Matthew Cooney – Licensing Consultant

Kyle Mc Sparron – Designated Premises Supervisor, Freedom Mills

 

Samantha Longfellow informed the Sub-Committee that the adjournment had been requested until the appropriate planning and building consent had been obtained as main concerns focussed on public safety and capacity requirements of the building.  There had also been a prohibition notice given by the West Yorkshire Fire and Rescue Authority.

 

Mr Threlfall informed the Sub-Committee that all necessary works would be carried out by Friday of this week and that planning permission was imminent.  There had not been any planning objections raised.  He also stated that the licence would only be for the occasional sale of alcohol.

 

RESOLVED – That the application be deferred to be heard by the Licensing Sub-Committee on Tuesday, 22 May 2018.