Agenda and minutes

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

RESOLVED – To elect Councillor Farley to the 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 were no exempt items.

A Late item was added to the agenda at Agenda Item 7 in relation to a Temporary Event Notice for Francis Street - Junction to Chapeltown Road Francis Street, Chapeltown, Leeds, LS7 Minute 7 refers

There was also supplementary information in relation to Agenda 6 – Application for the grant of a premises licence for Sam's Mini Market 112 - 112A Dib Lane, Roundhay, Leeds, LS8 3AY.

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

There were no declarations of interests made at the meeting.

The report of the Chief Officer Elections and Regulatory requests Members consideration on an application for the grant of a premises licence for Sam's Mini Market 112 - 112A Dib Lane, Roundhay, Leeds, LS8 3AY

The report of the Chief Officer Elections and Regulatory requested Members consideration on an application for the grant of a premises licence, made by Mr Sarvat Hossaini, for Sam’s Mini Market, 112-112A Dib Lane, Roundhay, Leeds, LS8 3AY.

In attendance at the meeting were:

·  Tony Clarke, JMC Licensing Consultancy

·  Mr Dana Hossaini – applicant’s brother and business partner

·  Mr Waller – Resident and objector

·  Ms Dukes – Resident and objector

·  Ms Griffiths – Resident and objector

·  David Spereall – Journalist

It was noted that Mr Sarvat Hossaini was unable to attend, as he had been working on the previous day with someone, who had since tested positive for Covid and had thought it best to stay home. His brother and business partner, Mr Dana Hossaini attended the hearing to answer any questions on his behalf.

The Legal Officer outlined the procedure for the hearing.

The Licensing Officer presented the application, providing the following information:

·  The applicant’s name is Mr Sarvat Hossaini and he is also the proposed designated premises supervisor.

·  The application is for sale by retail of alcohol for consumption off the premises every day between the hours of 07:00 and 23:00. The hours of opening have been amended and agreed by the Council’s Environmental Health Team. A redacted version of the application had been appended to the report at Appendix A.

·  A map identifying the location of the premises was attached at Appendix B.

·  It was noted that representations from Responsible Authorities may be negotiated prior to the hearing. In this instance the operating schedule had been amended to include the measures agreed with Environmental Health. A copy of the agreement was attached to the report at Appendix C.

·  An agreement had also been reached between the applicant and West Yorkshire Police and the operating schedule had been amended to include additional measures. A copy of the agreement was appended to the report at Appendix D.

·  The application had attracted representations from members of the public. The licensing authority was in receipt of five individual letters of objection and a petition containing thirty-one signatures all opposed to the application on the grounds of Crime and Disorder and Public Nuisance. Redacted copies of the letters were attached to the report at Appendix E and a redacted copy of the petition was attached at Appendix F.

·  A list of premises in the local area and their licensed hours and activities was provided at Appendix G of the submitted report.

Mr Clarke informed the Sub Committee Members of the following:

·  The applicant Mr Hossaini had managed shops for 6 years as a responsible retailer with his brother who has the Danas Store on New York Street.

·  Sam’s Mini Market would be a grocery shop selling European and English groceries and alcohol would be another product.

·  The applicant had noted the concerns of the residents and was of the view that his shop and the requested opening hours would not have a detrimental impact on the area.

·  The applicant was aware  ...  view the full minutes text for item 6.

The report of the Chief Officer Elections and Regulatory advises Members that a temporary event notice has been received by the Licensing Authority in respect of an event to take place at: Francis Street - Junction to Chapeltown Road, Francis Street, Chapeltown, Leeds, LS7 4BY.

The Chief Officer Elections and Regulatory submitted a late item to the agenda for the meeting which advised Members that a temporary event notice had been received by the Licensing Authority for an event at Francis Street – Junction to Chapeltown Road, Leeds, LS7 4BY.

In attendance for the hearing were:

·  PC Andy Clifford – West Yorkshire Police

·  Mr Spencer Powell – Premises User

·  David Spereall - Journalist

The Legal Officer outlined the procedure for the hearing.

When West Yorkshire Police and the Premises User, were asked about witnesses, West Yorkshire Police said there were no witnesses to be called. At this point in the hearing Mr Powell said that he had not realised he could have brought witnesses, however if he had known he would have brought witnesses. The Legal Officer and the Licensing Officer explained the procedure for bringing witnesses and asked if Mr Powell wished to request an adjournment of the meeting so he could bring witnesses.

Mr Powell said that he would like the meeting to be adjourned, so that he could bring witnesses.

The Legal Officer asked if an adjournment was agreeable to all parties. All Parties were agreeable to an adjournment and the Sub Committee decided to grant the adjournment request and a suitable date was agreed.

RESOLVED – To adjourn the meeting until Tuesday 16^th May 2023, at 10:00am.

The meeting concluded at 12:35