Agenda and minutes

Licensing Sub-Committee
Tuesday, 11th February, 2020 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 Wray , would 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.

 

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 was no 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:

The Sub-Committee were in receipt of the following formal late items, in the following format for Agenda Item 6 – Application for the grant of a premises licence for JD Wetherspoon Former Elinor Lupton Centre, Headingley Lane, Headingley, Leeds, LS6 1BX:

·  Mr Whur, who had submitted a representation to the application, requested to submit a copy of the previous Licensing Sub-Committee decision issued on 9 December 2016 refusing the Applicant’s previous application, and the appeal decision in relation to that decision as part of the submissions. The applicant made no objections.

·  A local resident, who had submitted a representation to the application, requested to submit some incident related information in regard to various Wetherspoon premises. The applicant made no objection for Members to consider the submission, however asked that the Sub-Committee give less weight, as the applicant had not had the opportunity to collect information in advance to object.

 

Members were also in receipt of supplementary information, which had been distributed prior to the hearing.

 

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 JD Wetherspoon Former Elinor Lupton Centre, Headingley Lane, Headingley, Leeds, LS6 1BX pdf icon PDF 43 KB

The report of the Chief Officer Elections and Regulatory presents an application for the grant of a premises licence, made by JD Wetherspoon Plc, for JD Wetherspoon Former Elinor Lupton Centre, Headingley Lane, Headingley, Leeds, LS6 1BX.

 

(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 JD Wetherspoon Plc, for JD Wetherspoon Former Elinor Lupton Centre, Headingley Lane, Headingley, Leeds, LS6 1BX.

 

Mr Nigel Connor (Head of Legal), Mr John Hutson (Chief Executive) and Bernard Lawrence (Architect), were in attendance for the hearing, on behalf of JD Wetherspoon.

 

Those who spoke in objection to the application were:

·  Paddy Whur (on behalf of Arc Inspirations Ltd)

·  Councillor Walshaw (on behalf of local residents)

·  Mrs Jane Norton

·  Dr Richard Tyler

 

Approximately 20 local residents who had submitted representations objecting to the application, also attended the hearing to observe.

 

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

 

Sale of alcohol Sunday – Thursday 09:00 – 22:30, andFriday and Saturday – 09:00 – 23:00.

 

The applicant had previously applied for a premises licence for the premises in October 2016, and at that time, the Sub Committee refused the application. It was noted that the premises no longer falls within the CIA.

 

The Licensing Authority had received a number of individual objections, including a letter of objection from the MP for Leeds North West, most opposing the application on the grounds of public nuisance, crime and disorder, public safety and the protection of children from harm. Additionally, 3 letters of support citing valid licensing considerations had been received.

 

Mr Connor on behalf of the applicant, addressed the Sub-Committee:

·  The appeal dismissed in October 2017, had been determined whilst being in the Headingley and Hyde Park CIA. A review had been undertaken in 2018, and the premises no longer formed part of the CIA;

·  Planning permission had been granted at the South and West Plans Panel on 7th November 2019;

·  A meeting had taken place prior to the hearing with a local ward councillor, in regard to additional conditions, which now formed part of the operating schedule;

·  A community meeting had taken place with local residents prior to the hearing;

·  The proposed timings aligned with the planning permission application served;

·  There are currently 874 Wetherspoon premises in the UK, including strong traditional pubs in the Leeds city centre – additional pubs across Pudsey, Bramley, Garforth, Yeadon, Chapel Allerton, and a pub due to open in Cross Gates;

·  There would be a 30 minute ‘wind down’ period, to ensure customers disperse appropriately;

·  The Former Elinor Lupton premises had been unoccupied since 2010, and the investment required would be in the region of 3 million pounds;

·  It was reported that JD Wetherspoon had a track record of re-developing properties;

·  A copy of the layout of the premises was referred to. The fencing around the premises would mitigate groups spilling out and congregating onto the road;

·  There would be full CCTV coverage, including the cellar and staff room;

·  The creation of 55+ jobs in the locality, and managed by a local manager, with links to the city and community;

·  There would  ...  view the full minutes text for item 6.