Agenda and minutes

Licensing Sub-Committee
Tuesday, 19th 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

Election of the Chair

 

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

Minutes:

RESOLVED – To elect Cllr. Flynn to the Chair for the duration of the meeting.

 

2.

Appeals Against Refusal of Inspection of Documents

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 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:

There were no late items.

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 Stew And Oyster 488 - 490 Roundhay Road, Leeds, LS8 2HU pdf icon PDF 103 KB

The report of the Chief Officer Elections and Regulatory sets out an application for the grant of a premises licence for Stew and Oyster 488 - 490 Roundhay Road, Leeds, LS8 2HU.

 

(Report Attached)

 

Additional documents:

Minutes:

The report of the Chief Officer Elections and Regulatory requested Members consideration on an application for the grant of a premises licence, made by Stew and Oyster (Trading) Ltd, for Stew and Oyster 488-490 Roundhay Road, Leeds, LS8 2HU.

 

Members were advised that the premises had previously benefitted from a premises licence. However, owing to the changes within the company which held the licence, the company which held the licence in effect ended and as no application was made to transfer the premises licence during the 28 day period, the premises licence therefore lapsed.

 

The application was for the following licensable activities:

Sale by retail of alcohol and regulated entertainment

·  Monday to Saturday 10:00 – 00:00 Sunday 10:00 – 22:30

Late night refreshment

·  Monday to Saturday 23:00 – 00:00

 

It was noted that no representations and been received from responsible authorities. However, representation had been received from a member of the public opposed to the application on grounds of public nuisance. A redacted copy of the letter was attached at Appendix C of the submitted report.

 

In attendance at the meeting were:

Mr Whur – of Woods Whur Solicitor

Gemma Welsh – on behalf of Stew and Oyster (Trading) Ltd.

Member of the public who currently owns the Post Office on Roundhay Road and had sent representation.

 

Mr Whur informed the sub-committee that the Stew and Oyster had been opened for 6 years and was a brand that served good quality food and drink and had a mixed clientele. He explained that during restructuring, the company had unfortunately let the premises licence lapse, the premises licence holder had not in fact gone into administration.

 

Members were advised that this application mirrored the premises licence previously held for these premises.

 

He noted that the only objection received had been from the Post Office next to the premises and he was of the view that the objection was for commercial reasons as the post office also sold alcohol.

 

Mr Whur informed the Members that his client was a responsible operator who tried to be a good neighbour. He said that the Stew and Oyster did not hold karaoke and that live music had only been played during the celebration for New Year’s Eve.

 

Members noted that there was no evidence to suggest that the cigarette butts and vomit could be attributed to customers of the Stew and Oyster.

 

He said that if the bins as suggested had been an issue or there had been a noise nuisance, Environmental Health would have been in attendance at the meeting.

 

Members were advised of the following points:

·  The premises was requesting traditional pub opening times;

·  There was no significant evidence that they were not able to promote the licensing objectives;

·  The conditions set out that bottles should not be emptied between 23:00 and 07:00am;

 

Ms Welsh informed the sub-committee that it was company policy that bottle bins should not be emptied after 9pm. It was noted that the premises had enough storage for bottle collection.  ...  view the full minutes text for item 6.

7.

Application to vary a premises licence held by The Pack Horse 208 Woodhouse Lane, Headingley, Leeds, LS2 9DX pdf icon PDF 168 KB

The report of the Chief Officer Elections and Regulatory asks Members to consider an application to vary a premises licence held by The Pack Horse 208 Woodhouse Lane, Headingley, Leeds, LS2 9DX

 

(Report attached)

Additional documents:

Minutes:

With all outstanding matters resolved this application was withdrawn prior the meeting date.