Agenda and minutes

Licensing Sub-Committee - Tuesday, 18th September, 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 – Councillor Neil Buckley was elected as 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 Services 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:

There were no exempt items.

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 Sub Committee was in receipt of the following:

Agenda item 6 Meanwood Park Café Three Cottages, Green Road, Meanwood (minute 7 refers) - Formal late items were submitted in the following format:

·  One local resident, who had submitted a representation in objection to the application requested to submit photographs of the locality which was agreed by all parties. However, at the start of the hearing it was requested that the photographs be disregarded.

·  One local resident, who had submitted a representation in objection made an application to present a video purporting to evidence how sound would travel across the park. The video was of a private party held at one side of the park and observed from another side. The applicant made no objection but commented that videos could be edited and that the way sound travelled was actually mathematical.

 

Agenda item 7 Off Licence, 223 Dewsbury Road - Supplementary information submitted by Environmental Health with the agreement of all parties. Minute 6 refers.

 

RESOLVED - To receive the supplementary and late matters and to take them into account during consideration of the relevant application.

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:

No declarations of disclosable pecuniary interests were made.

6.

Application for the grant of a premises licence for Off Licence 223 Dewsbury Road Hunslet Leeds LS11 5HZ pdf icon PDF 108 KB

To consider the report of the Chief Officer Elections and Regulatory on an application for the grant of a premises licence for Off Licence 223 Dewsbury Road Hunslet Leeds LS11 5HZ

 

(Report attached)

Additional documents:

Minutes:

The report of the of the Chief Officer Elections and Regulatory set out an application for the grant of a premises licence, made by Mr Ahmad Ibrahim, for 223 Dewsbury Road, Hunslet, Leeds, LS11 5HZ.

 

The application had attracted representations from other persons and responsible authorities.

 

It was noted that representations had been received from West Yorkshire Police, Environmental Health and Ward Councillors. It was acknowledged that after negotiations with West Yorkshire Police agreements had been made, subsequently their representation had been withdrawn

 

This was the first application for a premises licence for these premises, the application was for the sale of alcohol 24 hours a day (off sales only)

 

Present at the hearing were;

·  Mr Niyaz Raof – Re-Group representing Mr Ahmad Ibrahim who had not been able to attend

·  Cllr. Paul Wray ward member for Hunslet and Riverside

·  Jessica Deighton and Gary Mann – Officers of Environmental Health Team

 

Mr Raof provided the sub-committee with the following information:

·  The premises previously been a barbers shop;

·  Mr Ibrahim had got a personal licence in 2009;

·  Mr Ibrahim had a shop in Harehills which sold alcohol there had been no issues at this shop;

·  Mr Ibrahim was proposing the following to promote the licensing objectives:

o  Regular staff training sessions;

o  Adequate lighting both inside and outside the premises;

o  CCTV with recording facility up to 30 days which would be available on request from responsible authorities;

o  Public notices to request that customers respect neighbours;

o  Log of anti-social behaviour and a refusals log;

o  Noise would be monitored;

o  Outside the premises would be kept clean;

o  Contract for refuse collection;

o  Passport or ID cards would be requested to ascertain age;

·  The proposed hatch system shuttered would not be opened or lowered during the time period of 11:00pm – 07:00am in consideration to neighbouring properties;

·  There would be CCTV over the opening of the hatch;

·  There was one other premises with a 24 hour licence which was half a mile down the road.

 

In response to questions from the Members the sub-committee heard:

·  The DPS would operate the premises and the hatch in the proper manner adhering to the licensing policy. There would be no access to the shop during the period that the hatch system was in operation.

·  Staff would be trained to ask customers to respect neighbours and leave the premises quietly

·  Researched had shown that people who would use this 24 hour store would mainly be Eastern European who worked shifts.

 

Cllr. Wray addressed the sub–committee saying that this was a disregard to the rules as the area was a densely populated residential area with local schools nearby. Members heard that this area had alcohol and drugs related issues.

 

Cllr. Wray said that he had visited a school in the area recently and asked the children what they would like to do to improve the area. The children had told him that noise was a concern for them as they were unable to  ...  view the full minutes text for item 6.

7.

Application for the grant of a premises licence for Meanwood Park Cafe Three Cottages, Green Road, Meanwood, Leeds, LS6 4JP pdf icon PDF 104 KB

To consider the report of the Chief Officer Elections and Regulatory on an application for the grant of a premises licence, for Meanwood Park Cafe Three Cottages, Green Road, Meanwood, Leeds, LS6 4JP.

 

(Report attached)

Additional documents:

Minutes:

The report of the Chief Officer Elections and Regulatory set out an application for the grant of a premises licence made by Mr Scott Westlake for Meanwood Park Café Three Cottages, Green Road, Meanwood, Leeds, LS6 4JP.

 

Mr Westlake was in attendance for the hearing along with his representative Mr Matthew Cooney, consultant.

 

In attendance at the meeting were members of the public who had submitted representations to Entertainment Licensing both in objection and support of the application. A number of those in attendance had requested to speak.

 

Additionally, approximately 20 local residents who had submitted a representation objecting to the application also attended the hearing to observe.

 

Those who spoke in objection to the application were:

Peter Bonsall

Mr Nixon (for Mr Jimack)

Miss J Dickinson

J Matthews (Friends of Meanwood Park)

Hugh Thornton

Sarah Hinman

Mr J Ainsworth (for Green Road Residents)

Linda Adamson

Ian Harker

 

Those who spoke in support of the application were:

Charlotte Dalton

Rachel Dalton

Matthew Carmichael

Ann Bramfitt

Susan Thirkell

 

Prior to the start of the hearing the Chair addressed all those present advising them that the Members of the sub-committee had received and read all information appertaining to the application including those letters of representation which had been originally missed from the agenda. The Chair also confirmed that the Members had read and considered the unredacted copies of the papers.

 

The Chair informed all those present that he and Cllr. Garner had been contacted directly by an objector but they had disregarded that email and allowed others within the council to respond.

 

Licensing Officer informed the Members that this application sought the grant of a premises licence for:

Plays, indoor sporting events, live music, recorded music, performance of dance, anything of a similar description, provision of facilities for dancing, provision of facilities for entertainment of a similar description. Every day 09:00until 23:00.

 

Sale of alcohol, everyday 11:00 until 23:00, non-standard timings being an additional hour may be required at bank holidays and the day before bank holidays.

 

This was the first application for a premises licence.

 

It was noted that representations had been received from Planning Services and Environmental Protection Team in their capacity as a responsible authority. However, during negotiations prior to the hearing measures had been agreed with the Environmental Protection Team, the agreement was appended to the submitted report.

 

It was acknowledged that representations submitted by Planning Services remained a matter for Members considerations. A copy of the representation was attached at Appendix D of the submitted report.

 

The Licensing Authority had received a number of individual letters of objection, including a letter from a ward councillor, all opposed to the application on the grounds of public nuisance and crime and disorder. There were also numerous letters in support of the application, who believed that the licence would be beneficial to the park.

 

Mr Cooney on behalf of the applicant addressed the sub-committee:

·  He said it was good to see so many people in attendance at the  ...  view the full minutes text for item 7.