Agenda and minutes

RESOLVED – That Councillor N Buckley 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.

That the public be excluded from the meeting during consideration of that part of the agenda designated as 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 public were present there would be disclosure to them of exempt information so designated as follows:

(a)  Appendix A (i) of the report referred to in minute 7 in accordance with Access to Information Procedure Rule 10.4 (1,2,3), as it includes information relating to an individual, information which is likely to reveal the identity of an individual, and information relating to the financial or business affairs of any particular person (including the authority holding that information).

(b)  To note that the press and public will 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.

There were no formal late items, however, supplementary information had been circulated to all interested parties prior to the hearing in relation to the following item:

·  Item 6 – Application for the Grant of Premises Licence, Space to Eat, 7 Hirsts Yard, Duncan Street, Leeds, LS1 6NJ.

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 grant of a premises licence, made by In The Pink Limited, forSpace To Eat, 7 Hirsts Yard, Duncan Street, Leeds, LS1 6NJ. The premises reside within the ‘Red Zone’ of the Leeds City Centre Cumulative Impact Area.

This application is made following a time limited premises licence that expired on 24^th April 2018. The application was initially granted at hearing by the Licensing Sub Committee for a 6 month period.

(Report attached)

The submitted report of the Head of Elections, Licensing and Registration advised Members of an application made by In The Pink Limited for the grant of a premises licence for Space to Eat, 7 Hirst’s Yard, Duncan Street, Leeds, LS1 6NJ seeking the provision of late night refreshment from 23:00 to 05:00, seven days per week. The premises had previously been granted a six month licence in January 2017, and again in October 2017. The premises fell within the red zone of the Cumulative Impact Area, and representations had been received from West Yorkshire Police and the Licensing Authority.

The following were in attendance on behalf of the applicant:

Mr P Whur, Woods Whur 2014 Limited

Mr J Lawson, Woods Whur 2014 Limited

Mr Whur submitted apologies on behalf of Mr Edwards, the proposed Licence Holder, who could not be in attendance due to another urgent business matter. Just prior to the meeting, Mr Whur produced some additional information which detailed a witness statement from the compliance consultant who carried out an unannounced inspection on the premises, as set out in the conditions of the previous 6 month premises licence. All parties agreed to the additional information being tabled at the meeting.

Mr Whur addressed the Sub-Committee on behalf of Space to Eat and explained the background to this third application for a premises licence. Members were informed that the Sub Committee which dealt with the first application in January 2017, had agreed that this was a genuine exception to depart to the policy. The Sub Committee heard that additional lighting, CCTV and staff supervision had been introduced by Space to Eat to Hirst’s Yard. Mr Whur emphasised that following the grant of the two time limited licences, there was no evidence of crime and disorder attributed to the venue. Mr Whur suggested that although there had been difficulties during the first licensed period, these had been resolved during the second 6 month period and the conditions of the licence had been complied with. Members were informed that if this application was refused, Hirst’s Yard would lose the additional CCTV, supervision and lighting, which Mr Whur suggested would be detrimental to the area.

Mr Whur explained the concept behind Space to Eat was to deter some of the customers of Space Nightclub – owned by the same operator – and others frequenting Hirst’s Yard, from going to Macdonald’s on Briggate which was he suggested, was notorious for crime and disorder. Space to Eat was a kiosk selling easily eaten, cheap food such as pizzas, hotdogs and Paninis with soft drinks, tea and coffee.

PC Arkle attended the hearing on behalf of West Yorkshire Police (WYP) and addressed the Sub-Committee in opposition of the application. Members were informed that overall crime in the red zone of the Cumulative Impact Area had risen by 15% since the last review of crime statistics a year ago and there had been an increase in assaults, robbery, sexual offences and theft. However, no crimes  ...  view the full minutes text for item 6.

To consider the report of the Head of Elections, Licensing and Registration on an application for the renewal of a sex establishment licence for the provision of sexual entertainment in the form of lap dancing. The application is made by Tokyo Industries (Lincoln York Hull) Limited, for premises to operate under the name of Whiskey Down, located at 25 Crown Street, Leeds LS2 7DA.

Please note Appendix C is designated as exempt from publication under the provisions of Access to Information Procedure Rule 10.4 (1, 2 and 3)

(Report attached)

The report of the Head of Elections, Licensing and Registration presented an application for the renewal of a Sex Establishment Licence at Whiskey Down, 25 Crown Street, Leeds, LS2 7DA.

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 a number of objections to the application, from the following:

·  Support After Rape and Sexual Violence Leeds (SARSVL)

·  The Leeds Civic Trust Planning Committee

·  An Out of Locality Contributor

The following were in attendance on behalf of the applicant:

-  Mr P Whur, Woods Whur 2014 Limited

-  Mr J Lawson, Woods Whur 2014 Limited

-  Mr Aaron Mellor, Whiskey Down

-  Mr Paul Sinclair, Whiskey Down

Before the meeting started, Mr Whur applied to the Sub-Committee to request they consider additional information including a number of photographs of the establishment and copies of promotional marketing material intended to be used over the coming months. The Sub Committee resolved to accept these additional items.

Mr Whur noted that there were no objectors present at the meeting; he also noted that this application had only attracted 3 objections in comparison with the original application for a Sex Establishment Licence which had attracted 77 objections. Mr Whur addressed each of the mandatory and discretionary grounds for refusal of the application and suggested that none were relevant to this application.

Mr Whur highlighted the request to remove Condition No.60 of the original licence, which required a member of door staff to be employed during hours of operation. Mr Whur referred to the photographs provided to Members, which show the CCTV system installed at the venue. He stated that the CCTV system provided a greater view of surrounding areas than door staff, and that the member of door staff was not a useful resource to the premises. Whiskey Down had also provided CCTV footage to West Yorkshire Police to assist with enquires in the surrounding areas when necessary.

During discussion of the marketing material, Members made particular reference to the boxing glove image used, and suggested it could be associated with domestic violence, and therefore requested for this image to be replaced by a generic photograph of the venue. Mr Mellor confirmed that female orientated events were held at the venue, however the material provided was only reflective of the activities taking place over the coming months. Those in attendance on behalf of the applicant agreed to amend the marketing material as requested.

Members carefully considered the application, with particular regard for equality and diversity, and

RESOLVED – That the application be granted as applied for.

Promotional Materials – Generic photograph of the premises to be utilised for Event Passes (document P12 of the pack)