Agenda and minutes

Licensing Sub-Committee
Tuesday, 17th December, 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 Downes 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 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:

West Yorkshire Police had submitted CCTV footage which had been presented to all interested parties.  Police Officers had identified the information as containing exempt information and in viewing the footage that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

 

RESOLVED – That the press and the public be excluded from the meeting during consideration of the CCTV footage 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.

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, there were redacted witness statements which were submitted and had been viewed by all interested parties.

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.

Summary Review of the Premises Licence for Sports Bar & Restaurant, Harehills Lane, Harehills, Leeds, LS9 6NG pdf icon PDF 127 KB

The report of the Chief Officer Elections and Regulatory sets out the Summary Review for Members consideration of the Premises Licence for Sports Bar &

Restaurant, Harehills Lane, Harehills, Leeds, LS9 6NG.

 

(Report attached)

Additional documents:

Minutes:

The report of the Chief Officer Elections and Regulatory informed Members of an application for a summary review in respect of Sports Bar and Restaurant, Harehills Lane, Harehills, Leeds LS9 6NG. West Yorkshire Police made the application on the grounds of serious crime and /or serious disorder.

 

The Licensing Sub Committee and interested parties watched CCTV footage of 2 events dated 13th July 2019 and 9th November 2019. For this part of the meeting the press and members of the public were excluded as the footage contained exempt information.

 

Members were also provided with witness statements from the Police Officer attending, and from a member of the public.

 

In attendance at the hearing were:

·  West Yorkshire Police – Licensing Section

·  Licensing Liaison and Enforcement

·  Environmental Protection Team

·  The Premises Licence Holder – Mr Haydaran

·  The Premises Licence Holders representative from Woods Whur Solicitors

 

The Licensing Officer informed the Members that West Yorkshire Police had made an application for a summary review of the premises licence under Section 53A of the licensing Act 2003, a redacted copy was attached at Appendix A of the submitted report. Members had been provided with a history of the premises set out at point 2 of the submitted report.

 

Members were advised that an interim steps hearing had taken place on 21st November 2019, where Members had resolved to suspend the premises licence, pending the review hearing. Members were also advised that a hearing had taken place at the Magistrates Court on 5th December 2019, in relation to the selling of alcohol for consumption off the premises. It was decided that the premises licence would be suspended until 4th March 2020.

 

West Yorkshire Police informed the sub-committee that a certificate made under section 53 (1B) of the Act, which confirmed that a senior member of West Yorkshire Police was satisfied that these premises were associated with serious crime or serious disorder or both. A redacted copy of the certificate was appended at B of the submitted report.

 

West Yorkshire Police informed the Sub-Committee of the following points:

·  There had been 3 Section 18 assaults at the premises which is grievous bodily harm, lucky there had not been any fatalities;

·  It was the opinion of the police that the premises licence holder was not strong enough or had the right attitude to look after the premises;

·  The premises licence holder had said that the people involved were not his customers as they were outside the premises;

·  The premises are required to have 2 registered SIA door supervisors. On the occasion of the first assault there had only been 1 door supervisor on duty and on a subsequent occasion again there had only been 1 door supervisor. This was a breach of the premises licence;

·  There are not off sales at these premises. However, people can be seen on the CCTV taking alcohol outside and drinking on the street;

·  At the first incident in July, the police had found a hunting knife  ...  view the full minutes text for item 6.