Agenda and minutes

Prior to the start of the Licensing Sub-Committee meeting and due to the unanticipated non availability of a Sub-Committee Member, attempts were made for an alternative Member to be identified as a substitute. However, such attempts were unsuccessful. Given this situation, in line with Licensing Procedure Rule 6, all parties present unanimously agreed to a quorum of two Sub-Committee Members, and to proceed with the meeting on this basis.

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

RESOLVED – That Councillor J Lennox 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.

There were no exempt items.

There were no late items.

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.

The report of the Chief Officer Elections and Regulatory informs Members of the Licensing Sub Committee of an application for a licence review made by Licensing Authority in respect of Bobs Bar and Restaurant, 3 Sheepscar Street South, Sheepscar, Leeds, LS7 1AD.

(Report attached)

The report of the Chief Officer Elections and Regulatory presented an application for the review of a Premises Licence for Bob’s Bar and Restaurant, Sheepscar Street South, Sheepscar, Leeds, LS7 1AD.

The following were in attendance for the hearing:

o  Carmel Brennand, LCC Entertainment Licensing

o  PC Andy Clifford, West Yorkshire Police (WYP)

o  Stephen Clarke, LCC Environmental Protection Team (EPT)

o  Biniam Asfaha, Premises Licence Holder

o  Adhanom Mehari, Representing the Premises License Holder

The Legal Adviser to the Sub-Committee set out the procedure to be followed, and the Principal Licensing Officer outlined the application for review.

The application was served on the Licensing Authority, licence holder and the Responsible Authorities on the 8^th March 2021. It was noted that the application is made on the grounds of prevention of crime and disorder, the prevention of public nuisance and the protection of children from harm.

The following information had been appended to the submitted report:

o  Review application and evidence supplied by the Licensing Authority in support of the review application (Appendix A)

o  Continuation list of additional information including a witness statement and attempts to contact the licence holder (Appendix B)

It was noted that the premises previously known as ‘Paradise Bar’ was subject to a Summary Review in July 2019 as sought by WYP, the outcome of which was that the licence was suspended with immediate effect at the interim steps hearing, followed by a decision to revoke the premises licence at the review hearing in August 2019. It was confirmed that the current licence holder is a different individual and a new premises licence was granted to Mr Asfaha in November 2019.

Representations on behalf of WYP and EPT have been received in support of the review application.

Members of the Sub-Committee were informed that the Designated Premises Supervisor (DPS) had removed himself from this position on 15^th March 2021 and as a result, alcohol sales are not authorised.

The LCC Entertainment Licensing representative addressed the Sub-Committee.

The following was highlighted:

·  A second review on the same premises was unusual, although it was acknowledged that both reviews were sought against different operators;

·  There were allegations of operating after permitted hours the weekend after the grant of the Premises Licence. Engagement took place with the Premises Licence Holder to discuss the importance of complying with their licence;

·  On two separate occasions of carrying out visits to the premises, CCTV footage was not recording the requisite 31 days footage which is a breach of the Premises Licence condition. A Closure Notice had been issued under Section 19 of the Criminal Justice and Police Act 2001. The applicant was unable to evidence the 31-day footage until October 2021, 10 months after the grant of a licence;

·  WYP were called to an on-going party at the premises in June 2021, at 1:30 am. The Environmental Health officer issued a Prohibition Notice as a result of the evidence provided by the police;

·  WYP responded to a gathering that took  ...  view the full minutes text for item 6.