Agenda and minutes

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

RESOLVED – That Councillor Paul Wray 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 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 was no exempt information.

There were no formal late items. However, supplementary information had been circulated to all parties prior to the meeting in relation to Agenda item 6.

To disclose or draw attention to any interests in accordance with Leeds City Council’s ‘Councillor Code of Conduct’.

No declarations of interests were made at the meeting.

To receive and consider the attached report of the Chief Officer, Elections and Regulatory

Further to the meeting of the 16^th November 2021, when this item was adjourned due to the premises licence holder requiring the services of a translator.

For this meeting a translator did attend, however, the premises licence holder did not attend and the translator left.

The report of the Chief Officer Elections and Regulatory informed Members that West Yorkshire Trading Standards had served on the licensing authority an application under Section 51 of the Licensing Act 2003 for a review of a premises licence in respect of Mama Mia Convenience Store, 274 Harehills Lane, Harehills, Leeds, LS9 7BD.

In attendance at the meeting were:

·  David Strover (Trading Standards) – review applicant

·  Jason Bethell (Trading Standards) – witness on behalf of the review applicant

·  David Mullins (Trading Standards) – observing

·  Lisa Harrison (Trading Standards) – observing

·  Craig Lingard (Trading Standards) - Observing

·  PC Andy Clifford (West Yorkshire Police, Licensing) – responsible authority supporting the review application

·  Richard Beecham – LDRS Journalist

The Licensing Sub Committee were advised that Mr Ali Mohamad the premises licence holder and his Barrister, Mr Duncan Craig had indicated they would not be attending the meeting. The Legal Officer asked if the Licensing Sub Committee wished to proceed with the hearing or adjourn. With the agreement of all parties present it was the decision to continue with the hearing.

The Sub Committee were aware that the two applications to be heard related to the same premises at Mama Mia’s Convenience Store Ltd and involved some common parties. Therefore, to ensure all information that may be relevant to each item was with the committee before each decision was made, the committee proposed to hear both applications and the representations against each application together, before making their decision on both applications.

The Licensing Officer presented the application providing the following information:

·  The application was made by Trading Standards on the grounds of prevention of crime and disorder, the prevention of public nuisance and public safety.

·  The premises had held a premises licence for off sales since March 2010. The licence had been transferred numerous times and had operated as a convenience store throughout. In June 2017 the licence was transferred to Mama Mia Convenience Store Ltd. In February 2021 Mr Ali Mohamad made an application to transfer the licence to his name and to alter the designated premises details to himself. However, the application had been made incorrectly in both cases and invalidated the licence, Licensing was awaiting amendments to be made to the forms.

·  West Yorkshire Trading Standards served the Licensing Authority and all responsible authorities with an application to review the licence on 24^th September 2021. Subsequent to this application, Mama Mia Convenience Store Ltd made an application to vary the designated premises supervisor details to Ali Mohamad. However, this application received representation from West Yorkshire Police and was scheduled to be heard at the same Licensing Sub Committee hearing.

·  The Licensing Authority had received a number of representations supporting this review. They were appended  ...  view the full minutes text for item 6.

To receive and consider the attached report of the Chief Officer, Elections and Regulatory

The Chief Officer Elections and Regulatory submitted a report advising Members of an application to vary a premises licence held by Mama Mia Convenience Store Ltd, 274 Harehills Lane, Harehills, Leeds, LS9 7BD, to specify an individual as designated premises supervisor.

In attendance for this item were:

·  David Strover (Trading Standards) – review applicant

·  Jason Bethell (Trading Standards) – witness on behalf of the review applicant

·  David Mullins (Trading Standards) – observing

·  Lisa Harrison (Trading Standards) – observing

·  Craig Lingard (Trading Standards) – Observing

·  PC Andy Clifford (West Yorkshire Police, Licensing) – responsible authority supporting the review application

·  Richard Beecham – LDRS Journalist

The Licensing Officer provided a brief outline of the application to specify Ali Mohamad as the designated premises supervisor. Members were advised that West Yorkshire Police had made a representation objecting to the grant of this application.

PC Clifford of West Yorkshire Police informed the Licensing Sub Committee that in his view Mr Mohamad was the sole director of this company and therefore was the DPS. West Yorkshire Police were aware of the incidents that had taken place at the premises with seizure of illicit goods, namely cigarettes, rolling tobacco and alcohol. They were also aware that the premises had employed someone illegally and must have being paying this person cash in hand. PC Clifford was of the view that Mr Mohamad must have known that this was wrong.

The Licensing Sub Committee were aware that this application related to the previous item being heard on this date and therefore considered all evidence presented for both applications prior to making their decision.

RESOLVED – Not to grant Mr Ali Mohamad as the designated premises supervisor of Mama Mia Convenience Store Ltd. 

The meeting concluded at 11:20