Agenda and minutes

Prior to the Licensing Sub-Committee meeting, attempts were made for a third Member to be identified. 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 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.

There were no exempt items.

There were no formal late items. However, supplementary information was distributed to members prior to the meeting (minute no. 6 & 7 refer)

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.

No interests were raised at the meeting.

The report of the Chief Officer (Elections and Regulatory) requests Member’s consideration on an application for the grant of a premises made by Barakah Bros Leeds LTD, for Barakah Bros, 162 Chapeltown Road, Chapeltown, Leeds, LS7 4EE.

(Report attached)

The report of the Chief Officer (Elections and Regulatory) introduced an application for the grant of a premises licence made by Barakah Bros Leeds LTD for Barakah Bros, 162 Chapeltown Road, Chapeltown, Leeds, LS7 4EE.

Supplementary information was distributed to relevant parties prior to the meeting, in the form of a supporting statement provided by the applicant.

There was no representative on behalf of the applicant in attendance. However, the Licensing Authority had received an e-mail on behalf of the applicant company which included a statement that there was no need to adjourn the meeting and a request to continue the meeting as normal.

Vanessa Holroyd, Senior Environmental Health Officer was in attendance.

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

In summary, the application sought:

·  Late Night Refreshment – Monday to Sunday 23:00 to 01:00 hours

·  Opening Times – Monday to Sunday 11:00 to 01:00 hours

·  Non-standard timings – extensions to Bank Holidays until 02:00 hours, Carnival Weekend until 03:00 hours, Christmas, Boxing and New Year’s Day until 02:00 hours and during this month of Ramadan until 02:00 hours

Representations have been received from Leeds City Council’s Environmental Protection Team in their capacity as a responsible authority, on the grounds of public nuisance.

The application has not attracted further representations.

The Environmental Health Officer addressed the Sub-Committee. Vanessa relayed concerns regarding noise on an evening due to customers picking up food, delivery drivers coming and going and noise coming from the extractor fan. It was acknowledged that the premises is situated in a quiet residential area, with no nearby premises open later than 11pm. Additionally, there is 4 residential flats directly above the premises. it was also noted that there is a fish and chip shop nearby, as well as a Jamaican restaurant. Vanessa was of the opinion that should the application be granted, it will set a precedent for other local businesses to apply to extend their hours.

Vanessa referred to the supplementary information provided by the applicant and raised concerns that the extractor fan being switched off after a certain time will increase smoke and odour from the types of food being cooked. It was emphasised again that the premises is in a quiet residential area, and noise disturbing residents remained a big concern.

In response to questions from Member’s, the following was confirmed:

·  According to an online website, the premises has been open and trading for a couple of weeks.

·  Vanessa was unaware of any consultation undertaken between the applicant and local residents. However, it was noted that the applicant leases the unit next door to the premises which is currently a barber.

·  Vanessa believed that the premises trading later than 11pm was unacceptable due to noise disturbance.

·  In response to a comment regarding the applicants attempt to mitigate noise nuisance by using their own drivers to deliver food and making sure that car radios are switched off after a certain time,  ...  view the full minutes text for item 6.

The report of the Chief Officer (Elections and Regulatory) requests Member’s consideration on an application for the grant of a premises licence for Oulton With Woodlesford Sports & Social Club, The Pavilion, Wakefield Road, Oulton, Leeds, LS26 8EL.

(Report attached)

The report of the Chief Officer (Elections and Regulatory) introduced an application for the grant of a premises licence for Oulton With Woodlesford Sports & Social Club, The Pavilion, Wakefield Road, Oulton, Leeds, LS26 8EL.

Supplementary information in the form of some background information, was provided to relevant parties prior to the meeting.

The following were in attendance for this item:

o  Michael Jagger, Club Secretary

o  David Beane, Club Chair

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

The premises currently holds a Club Premises Certificate (details of activities and hours can be seen at point 2.1 of the submitted report) and the application sought a premises licence for the following:

·  Sale by retail of alcohol (for consumption both on and off the premises) – Every day 11:00 – 00:00

·  Performance of live music and recorded music – Every day 11:00 – 23:00

·  Non-standard timings – All activities until 01:00 on New Year’s Day

It was noted that the application will provide greater flexibility, particularly for outdoor events.

West Yorkshire Police and Environmental Health, both provided additional measures to the applicant which have been agreed and incorporated into the operating schedule. Following this agreement, both representations have been withdrawn.

The application had attracted 16 representations from members of the public that remained outstanding. The representations were made primarily on the grounds of public nuisance and can be viewed at Appendix E of the submitted report.

The Club Chair addressed the Sub-Committee and acknowledged the support and advice received from responsible authorities. David explained that he has been a member of the club for 8 years, and Michael has been a member for over 20 years. The club has served the LS26 community since 1879, with a vision of providing accessible and affordable sports to everybody in the community. David explained that the running costs of the club has heavily relied on monies generated from the bar, matches and fund-raising events.

There is an annual family friendly event, Oulton Festival, that raises 15% of the funds for running costs for the year, club improvements and maintenance. The event is managed respectfully and is managed / run by volunteers. It was reiterated that sport is the clubs priority, and it was confirmed that there is no scope to expand on hosting events throughout the year. The Sub-Committee were informed that if the application was refused, the club will have to increase membership fees to £150 per year, and it was deemed that this will be unaffordable to many people in the community.

For a point of clarity, Michael confirmed that revised plan restricted the sale of alcohol to the club house, patio, and marquee area only.

In response to Member’s questions, the following was confirmed:

·  The primary function of the club is a sporting base and has been since 1879. A single event over a 3-day period has been held in the past using Temporary Event Notices (TENs). The  ...  view the full minutes text for item 7.