Agenda and minutes

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

RESOLVED – That Councillor B Garner be elected as Chair for the duration of the meeting.

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)

There were no appeals against the refusal of inspection of documents.

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.

There were no items identified where is was considered necessary to exclude the press and public.

Although there were no formal late items, the Chair did accept the inclusion of the following:

(i)  A series of photographs supplied by the applicant showing images from both inside and outside the premises

(ii)  A series of photographs supplied by a Ward Councillor highlighting street drinking problems in the area

(iii)  Two additional appendices to the Licensing Officers report: Appendix J, an extract from the Cumulative Impact Assessment 2018 and Appendix K, a list of the surrounding premises

It was reported that the information had been circulated to all parties previously

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.

There were no declarations of disclosable pecuniary interests made at the meeting.

The report of the Chief Officer (Elections and Regulatory) advises Members of an application made under Section 17 of the Licensing Act 2003 ("the Act") for a new premises licence in respect of Zuber Mini Market, 29-31 Seaforth Place, Harehills, Leeds, LS9 6AF.

(Report attached)

The Sub Committee considered report by the Chief Officer (Elections and Regulatory) which set out details of an application made under Section 17 of the Licensing Act 2003 for a new premises licence in respect of Zuber Mini Market, 29-31 Seaforth Place, Harehills, Leeds, LS9 6AF.

The Legal Adviser to the Sub-Committee explained the procedures to be followed and the Senior Licensing Officer outlined the application.

In summary, the application was for the following:

Sale by Retail of Alcohol:

Monday to Sunday 07:00 until 22:30 hours

Non-standard timings:

No non-standard timings for bank holidays or special occasions are

Proposed.

Representations opposing the application had been received from numerous responsible authorities to this application, including representations from the Licensing Authority, Cleaner Neighbourhoods, Communities & Environment and West Yorkshire Police.  Representations had also been received from two local ward Councillors and from a local resident. These also opposed the application.

The following were in attendance:

Mr Sarwat Hama Abdulla (Applicant)

Mr Nick Semper, Director at the Licensing Guys Ltd. (Applicant’s Representative)

Mr Peter Mudge (Localities Improvement Manager, Communities and Environment, Leeds City Council)

Ms Chetna Patel (Adults & Health, Leeds City Council, witness for P Mudge)

Mrs Susan Duckworth (Principal Licensing Officer, Leeds City Council)

Ms Samantha Longfellow-Peniket (Principal Licensing Officer, Leeds City Council)

Mr Nawazish Khan (Licensing Officer, Leeds City Council) 

P.C. Andrew Clifford (West Yorkshire Police, Leeds District Licensing Department)

Sgt. Frederick Winster (East Leeds Neighbourhood Policing Team, West Yorkshire Police)

Councillor Salma Arif (Local Ward Member)

Councillor Arif Hussain (Local Ward Member, observing)

Addressing the Sub Committee the Applicant’s Representative, Mr Semper suggested that no one was questioning the Cumulative Impact Area but this hearing was all about the conditions being offered by the applicant.  He said that it was impossible for any applicant to show that there would be no impact but he reminded the Committee that, as paragraph 14.44 of the Guidance issued under section 182 of the Licensing Act 2003 made clear, an applicant only had to demonstrate that granting the application would be unlikely to add to the cumulative impact. 

He said that there are many off-licence premises operating in the area and he questioned whether one more would really add to the existing problems. He said that the applicant would only keep a very small quantity of alcohol on the premises (which was described as a tiny shop).

Mr Semper explained the applicant had a good CCTV system in place, he would not be selling beer or cider with a high alcohol content and would not be selling alcohol to “street drinkers” or to children. He also pointed out that the closing time was earlier than other similar premises in the area. 

The Sub Committee then heard from P.C. Clifford who suggested that even if this was a small shop, the fact remained that there were already lot of

off-licences in the area.  He said that the problem in the area was not simply an issue of traditional street drinkers but more a  ...  view the full minutes text for item 6.