Agenda and minutes

RESOLVED – That Councillor Wilkinson be appointed as 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 Services at least 24 hours before the meeting)

There were no appeals against 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 disclosable pecuniary interests for the purposes of Section 31 of the Localism Act 2011 and paragraphs 13-16 of the Members’ Code of Conduct.

There were no declarations of disclosable pecuniary interests.

To consider the report of the Head of Elections, Licensing and Registration on an application for the review of a Premises Licence under Section 51 of the Licensing Act 2003, sought by the Licensing Authority in respect of Best Kebab, 48 & 50 Westgate, Otley, LS21 3AS.

(Report attached)

The report of the Head of Elections, Licensing and Registration informed Members of an application to review a Premises Licence under Section 51 of the Licensing Act 2003, sought by Licensing Authority in respect of Best Kebab, 48 & 50 Westgate, Otley, LS21 3AS.

Members were informed the Premises Licence Holder was Mr Sajid Khan. Mr Khan was present at the meeting, along with his representative Mr Charalambides of Counsel.

Cllr Colin Campbell requested that the Chair accept some additional information in support of his representation, subject to the agreement of the Premises Licence Holder. The additional information was not accepted by Mr Khan and Mr Charalambides. .

Two officers from Liaison and Enforcement on behalf of the Licensing Authority were in attendance. The application for review of the premises licence was made on the grounds of the prevention of crime and disorder, and the prevention of public nuisance. Members heard the grounds for this review were primarily around the lack of compliance to operate within licensed hours, along with a failure to adhere to the requirement of CCTV on the premises. The main issues for the review were set out at point 6.0 to 6.1 of the submitted report.

Members noted that witness statements had been provided with the papers for the meeting.

The Liaison and Enforcement Officers set out to the Sub-Committee a time line of events from 1st February 2016, when the application for late night refreshments until 2am was first received, until the submission of the review application on 13th March 2018. Members were informed that during this time frame, a number of complaints had been received from residents, alleging that the premises had repeatedly exceeded their permitted hours by operating up to 2am on weekends. Mr Khan had also notified the Licensing Authority of two TENs (Temporary Event Notice) for the Christmas Period in December 2017. Officers confirmed that one was rejected and Mr Khan withdrew his notification of the second. However, Members were informed that Mr Khan continued to exceed licensed hours, despite withdrawing his notification. A number of Test Purchases were carried out successfully by Entertainment Licensing Officers, and subsequently a total of four warning letters were sent to Mr Khan, which received no response or change in behaviour. Officers expressed concerns around Anti-Social Behaviour (ASB), and informed Members of an ASB incident that occurred on 5th November 2017 in the establishment, which lead to the arrest of two persons outside the premises. Members were also informed that upon visit to the premises on two occasions, Officers found that a functioning CCTV system had not been installed.

Cllr Colin Campbell was also in attendance as a Ward representative and informed Members of a number of complaints from residents in relation to parking and waste disposal on the premises, as well as concerns around the Mr Khan exceeding permitted hours of business and the noise and nuisance this creates for residents.

Mr Charalambides informed Members that Mr Khan had been operating for 20 years  ...  view the full minutes text for item 6.

To consider the report of the Head of Elections, Licensing and Registration on an application to vary a premises licence, made by Mr Sajid Khan, for Best Kebab 48 & 50 Westgate, Otley, LS21 3AS.

(Report attached)

Following the revocation of Mr Khan’s Premises Licence in the previous item, Mr Charalambides requested for the application to vary the licence to be withdrawn.

RESOLVED – That the application to vary the licence, be withdrawn.