Agenda and minutes

Licensing Sub-Committee
Tuesday, 12th March, 2019 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

To seek nominations for the election for the position of Chair.

Minutes:

 

RESOLVED – That Councillor A Garthwaite be 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 and Scrutiny Support 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:

 

In relation to Item 7, Appendices A and B were exempt under 9.2(b) and 10.4.1 and 10.4.2 of the Access to Information Procedure Rules. The appendices were also exempt under Regulation 14 of the Licensing Act 2003 Hearings Regulations 2005 (SI 2005 No 44).

 

 

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:

 

There were no formal late items, however some additional information in relation to Item 6 was distributed to Members at the outset of the hearing (Minute 6 refers).

 

 

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.

 

 

6.

Application for the grant of a premises licence for Massawa Restaurant 87 Roundhay Road, Leeds, LS8 5AQ pdf icon PDF 105 KB

To consider the report of the Chief Officer Elections and Regulatory with an application for the grant of a premises licence, made by Mr Henok Ahforom, Miss Trhas Gerezigher and Mrs Aster Hidray, for Massawa Restaurant 87 Roundhay Road, Leeds, LS8 5AQ.

Additional documents:

Minutes:

 

The Chief Officer Elections and Regulatory with an application for the grant of a premises licence, made by Mr Henok Ahforom, Miss Trhas Gerezigher and Mrs Aster Hidray, for Massawa Restaurant 87 Roundhay Road, Leeds, LS8 5AQ.

 

The following were in attendance:

 

-  Mr Amanuel Tesfmichael (Applicant’s representative)

-  Mr Henok Ahforom

-  Miss Trhas Gerezigher

-  Mrs Aster Hidray

 

In summary, the application sought the grant of a premises license for:

-  Sale of alcohol, Everyday 11:00am – 11:30pm

-  Recorded music, Everyday 11:00am – 11:00pm

 

Members were advised that the applicant wished to submit some further evidence for consideration at the outset of the hearing, which included:

 

1)  Statement of the applicants

2)  Leeds City Council Environmental Health Service Agreement confirmation

3)  West Yorkshire Police Agreement confirmation

4)  Associated Waste Management confirmation of payment invoice

5)  Acknowledgement of submission for planning application of use

 

This additional information was accepted by the Sub Committee.

 

Members were informed that the application had previously received representations from West Yorkshire Police, the Planning Department at Leeds City Council and Environmental Health. However, the Planning Department had withdrawn their application following a planning application reflecting the above hours. Additionally, West Yorkshire Police and Environmental Health withdrew their applications following agreement of additional conditions to the licence with the applicant. Therefore, the remaining representations were those of two members of the public, who were not in attendance at the hearing. Members agreed to continue with the hearing in their absence.

 

Mr Tesfmichael addressed the Sub Committee on behalf of the applicant. Members heard that the restaurant would serve Ethiopian and Eritrean cuisine, expecting customers to only purchase alcohol with a meal. Although there had been some previous concerns raised by various authorities, Members heard that the applicant welcomed suggestions put forward for better practice and was happy to comply with the new conditions agreed. Mr Tesfmichael confirmed the applicants were willing to work with responsible authorities now and in the future. Mr Tesfmichael informed Members that recorded music would be played through a television rather than a sound system, and therefore noise pollution would be minimal. When asked about their approach to managing people who have consumed alcohol arriving and leaving the restaurant, Mr Tesfmichael assured Members that people who seem heavily intoxicated would not be served, and that emergency services would be called if appropriate.

 

RESOLVED – That the application be granted as applied for, with the additional conditions agreed with the relevant authorities.

 

At the end of the hearing, the Sub Committee took the opportunity to remind the applicants that the conditions they had agreed with the responsible authorities would be on their premises licence, and that a breach of these conditions could lead to a revocation of their premises licence.

 

 

7.

Application for the grant of a personal licence for Mr Darren John Upton pdf icon PDF 103 KB

To consider the report of the Chief Officer Elections and Regulatory with an application for the grant of a personal licence under the Licensing Act 2003 (“The Act”) in respect of Darren John Upton. The application has attracted a representation from West Yorkshire Police and so is brought to a hearing of the Licensing Subcommittee for determination.

 

Appendices A and B are exempt under 9.2(b) and 10.4.1 and 10.4.2. The appendices are also exempt under Regulation 14 of the Licensing Act 2003 Hearings Regulations 2005 (SI 2005 No 44).

Minutes:

 

The Chief Officer Elections and Regulatory submitted a report with an application for the grant of a personal licence under the Licensing Act 2003 (“The Act”) in respect of Darren John Upton. The application attracted a representation from West Yorkshire Police and therefore required a hearing of the Licensing Sub Committee for determination.

 

Appendices A and B were exempt under 9.2(b) and 10.4.1 and 10.4.2. The appendices were also exempt under Regulation 14 of the Licensing Act 2003 Hearings Regulations 2005 (SI 2005 No 44).

 

Members were informed prior to the hearing that the applicant had withdrawn his application.

 

RESOLVED – That the withdrawal of the application be noted.