Agenda and minutes

Licensing Sub-Committee
Thursday, 28th 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 B Flynn be elected as Chair for 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:

RESOLVED – That, in accordance with Regulation 4 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, Members agreed to exclude parties from part of the meeting during consideration of item 6 – Summary Review of the Premises License in respect of Norman Bar, 36 Call Lane, Leeds, LS1 6DT, designated as exempt from publication in accordance with paragraphs 10.4(1) and (2) of Schedule 12A(3) of the Local Government Act 1972 on the grounds that the footage brought forward by West Yorkshire Police is likely to reveal the identity of individuals, and as such, the public interest in maintaining the exemption outweighs the public interest in disclosure at this time (Minute 6 refers).

 

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:

There were no declarations of disclosable pecuniary interests.

 

6.

Summary Review of the Premises License in Respect of Norman, 36 Call Lane, Leeds, LS1 6DT pdf icon PDF 111 KB

To receive and consider the attached report of the Chief Officer Elections and Regulatory.

 

Additional documents:

Minutes:

The report of the Chief Officer Elections and Regulatory informed Members of an application for a Summary Review in respect of Norman Bar, 36 Call Lane, Leeds, LS1 6DT. West Yorkshire Police had made the application on the grounds of serious crime and disorder.

 

The Licensing Authority was now under a duty to review the Premises Licence and had to consider whether it was necessary for any Interim Steps to be taken prior to a Summary Review Hearing. The Summary Review Hearing was to be held within 28 days of the application.

 

The report set out the relevant procedure, considerations and guidance for the Interim Hearing.

 

Video evidence had been submitted on behalf of West Yorkshire Police involving an incident which occurred on Sunday 24th March 2019; it was decided that the Sub-Committee would view the footage in the absence of the parties and the public.

 

The following were in attendance for this item:

o  PC Arkle, WYP – For the Applicant

o  Paddy Whur - Acting on behalf of Normans

o  Scott Wellings - Representing of the business owners

o  Leona Taylor – Premises Manager

o  PC Andy Clifford, WYP - Observing

o  Richard Beecham - Yorkshire Evening Post

o  Christian Johnson - Leeds Live

 

PC Arkle of WYP addressed the sub-committee with reasons for the application for a Summary Review. PC Arkle said there had been an incident involving violent disorder in the early hours of Sunday 24th March 2019. Members were informed that the investigation into this incident is on-going and the police are still working to trace the victims and perpetrators.  PC Arkle said that the Police also had concerns as to possible reprisals and felt that there was a need for tensions to be allowed to subside.

 

In response to a query, Members noted that a Section 47 is an assault occasioning Actual Bodily Harm (ABH) and a Section 18 is an assault occasioning Grievous Bodily Harm (GBH) or wounding with intent.

 

The applicant’s representative addressed the Sub-Committee and reported that they would not be challenging the suspension of the licence at this stage. It was felt that the premises should remain closed while they look into changes and to work with the police.

 

Members queried the types of music genres being played at the premises and were informed this is something which would be looked at before the Summary Review hearing.

 

At this point, the Sub-Committee retired to private session to consider the matters which had been designated as exempt from publication earlier in the meeting (Minute 3 refers), specifically the video footage.

 

The meeting returned to open session.

 

The Sub Committee, having considered the representations and the options available to them

RESOLVED – That:

a)  The Premises Licence for Norman, 36 Call Lane, Leeds, LS1 6DT be suspended with immediate effect.

b)  A Summary Review hearing be held on Wednesday, 17th April 2019 at 10:00am.