Agenda and minutes

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

RESOLVED – That Councillor A Hutchison 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.

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.

The agenda contained no exempt information.

There were no formal late items of business. However, supplementary information had been circulated to all parties prior to the meeting in relation to Agenda Item 6 (Minute No 12 6 refers)

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.

To consider the report of the Chief Officer (Elections and Regulatory) that advises Members of an application made under Section 17 of the Licensing Act 2003 ("the Act") for a new premises licence in respect of Deliziosa 138 Harrogate Road, Leeds, LS7 4NZ.

The Chief Officer (Elections and Regulatory) submitted a report that advised Members of an application made by Deliziosa Limited under Section 17 of the Licensing Act 2003 for a new premises licence for Deliziosa, 138 Harrogate Road, Leeds, LS7 4NZ.

The Legal Adviser to the Sub Committee set out the procedure to be followed and the Senior Licensing Officer outlined the application.

In summary, the application was for:

Sale by retail of alcohol

Every Day 07:00 – 23:00

Non-standard timings

On Christmas and New Year’s Eve licensable activities to be extended until 01:00 hours

The application had received a total of 30 representations from members of the public and local ward councillors, all opposing the application on the grounds of public nuisance. No representations to the application had been received from the responsible authorities.

Supplementary information had been distributed to all parties prior to the hearing, including a food and wine list.

The following were in attendance:

o  Paddy Whur, Applicant’s Representative

o  Antonino Salaris, Director of Deliziosa Limited

o  Dee Marshall, Objector

o  Joanne Gill, Objector

Mr Whur addressed the Sub-Committee on behalf of the applicant stating that the premises would solely be an Italian delicatessen takeaway and a seated area, in a 17^th century building in Chapel Allerton. The premises would be family run, and will offer quality food.

Mr Whur explained that the applicant had carried out a public meeting prior to the planning application, and there had been feelings of nervousness identified regarding public nuisance. It was confirmed there would be a robust operating schedule, and it was noted that no responsible authorities had objected to the application. Additionally, it was confirmed:

·  There would be no use of external areas after 9 p.m.;

·  A minimum of 26 tables inside the premises;

·  No access from Regent Street after 9 p.m.;

·  No intention for alcohol being a primary reason for attending the establishment;

·  Collection of waste only between the hours of 8:00 a.m. and 8 p.m. was suggested.

·  No draught beers would be served, and it would be strictly wine and gin.

In response to Members questions, the following was confirmed:

·  The sale of alcohol from 07:00 a.m. was intended for somebody coming back from work or shopping on the way to work. It was agreed that this could be amended to be in line with other establishments in the area.

·  Planning permission that had been granted allowed an A1/3 food led establishment to serve alcohol. A bar would require A4.  It was confirmed a planning variation application had been submitted to extend the hours to match those that are being asked for on the premises licence.

·  In terms of the building works, the conservatory and upstairs balcony had been completed, with the downstairs being landscaped. It was confirmed that a staged opening would be ongoing due to covid-19 restrictions. The premises would initially operate on a takeaway basis only, with food that has been pre-prepared and people would not be permitted to sit inside the establishment  ...  view the full minutes text for item 6.