Agenda and minutes

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

RESOLVED – That Councillor J Gibson be elected as Chair for 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 was no exempt information.

There were no late items.  Supplementary information was submitted for Agenda Item, 7 – Application to vary a Premises Licence held by RS Mini Market, 121A Markham Avenue, Harehills, Leeds, LS8 4JD.

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

There were no declarations.

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

The report of the Chief Officer, Elections and Regulatory presented an application for the certification from Leeds Film for a film to be shown at Everyman Cinema, Leeds.

A synopsis of the film, To Teach a Bird to Fly, was included in the report along with comments from the Licensing Officer.  Members of the Sub-Committee had viewed the film prior to the meeting.  A 12A certification was requested.

RESOLVED – That the film, Teach a Bird to Fly, be given a 12A classification.

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

The report of the Chief Officer, Elections and Regulatory presented an application to vary a premises licence held by R S Mini Market, 121A Markham Avenue, Harehills, Leeds, LS8 4JD.

The application proposed to increase the hours authorised for the sale of alcohol and the hours that the premises are open to the public from 11:00 – 23:00 to 08:00 to 23:00.

The application had received representations fro responsible authorities and local Ward Councillors.

The premises are located in a designated area under the Harehills Cumulative Impact Area.

The following were in attendance for this item:

-  Gary Mann, Environmental Health

-  Hughin Chari, Environmental Health

-  Councillor S Arif, Ward Councillor

-  PC Clifford, West Yorkshire Police

-  PC Heywood , West Yorkshire Police

-  Sue Duckworth, Entertainment Licensing

-  Millie Slezak, Public Health

-  Chetna Patel, Public Health

The applicant had indicated that they would not be attending the meeting and had submitted some additional information in support of their case.

The Sub-Committee heard from the responsible authorities and Ward Councillor in attendance.  Issues highlighted included the following:

·  Environmental Health – An objection had been submitted based on the potential for alcohol related anti-social behaviour and disturbance to local residents.  These presented difficulty for enforcement work when responding to complaints.  There were also concerns about potential waste issues and that the premises fell withing a Cumulative Impact Area.  There were similar premises selling alcohol nearby and it was not felt that extra conditions offered by the applicant would resolve any concerns.

·  Councillor Arif – There were already various others premises selling alcohol in what was a predominantly residential area and close to schools.  This would have an impact during the school run time and would not be child friendly.  The area was saturated with licensed premises and the granting of this application would cause more issues.

·  West Yorkshire Police – It was felt that the applicant had shown a lack of understanding with regards to the Cumulative Impact Area and Licensing Objectives.  There was nothing offered in the application which would mitigate the problems in the area and it was requested that the application be rejected.

·  Entertainment Licensing – There was no reasons or measures offered to support the application which indicated a lack of understanding regarding the problems in the area.

·  Public Health – There would be a risk to children and research had shown that there was a link to exposure of alcohol to children and health inequalities.  The premises were already licensed during school lunch and finishing times and earlier opening would increase existing problems.

The Chair concluded the open session of the hearing before the Sub-Committee went into private session to make their decision. All parties were informed that the decision would be sent within 5 working days.

The Licensing Sub-Committee carefully considered the report of the Chief Officer (Elections and Regulatory), the Statement of Licensing Policy and the representations submitted and made at the hearing.

RESOLVED – That the application be refused.

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

The report of the Chief Officer. Elections and Regulatory presented an application for the grant of a Premises Licence for Eri Red Sea, 97 Roundhay Road, Leeds, LS8 5AQ.

The following were in attendance:

-  James Rankin, Representing the applicant

-  Samson Ukubamicael, Applicant

-  Councillor S Arif, Ward Councillor

-  PC Clifford, West Yorkshire Police

-  PC Heywood , West Yorkshire Police

-  Sue Duckworth, Entertainment Licensing

-  Millie Slezak, Public Health

-  Chetna Patel, Public Health

The Legal Officer outlined the procedure to be followed and the Licensing Officer presented the application.

The application  was for the grant of a premises licence for sale by retail of alcohol for consumption off the premises.  The proposed hours for sale of alcohol were as follows:

Sunday to Thursday  09:00 to 20:30

Friday & Saturday  09:00 to 22:00

The application had attracted representations from other persons and responsible authorities.

The premises are located within an area which is covered by the Harehills Cumulative Impact Assessment.

The applicant’s representative addressed the Sub-Committee.  Issues highlighted included the following:

·  The applicant had run the premises a convenience store for the past three years and lived above the premises.

·  The applicant had not initially proposed to sell alcohol and the store sold general grocery goods such as milk, eggs, butter, fresh meat and vegetables.

·  95% of customers were local residents and the applicant was wanting to be responsive to their requirements.  There had been requests for the applicant to sell liquor.

·  The sale of alcohol would be important but not a large part of the business.  The applicant was facing increasing costs due to rising business rates and utility bills and needed an additional stream of income.

·  There was a saturation of off licences in the Harehills Road area but not in this location.  The premises were located in a typical parade of shops and the sale of alcohol would not be out of character for the area.  There were no other off licences in the immediate vicinity.

·  It was acknowledged that there were problems with street drinkers in the Harehills Road area but not at this location.

·  The Cumulative Impact Policy was not intended to bring down an Iron Curtain down on the area and prevent any other premises from operating and applications could be granted as a departure from the policy.  It was accepted that there needed to be satisfaction that there would be no further impact on the Cumulative Impact Area. This was a small premises and was only proposing sales till 20:30 on Monday to Thursday and till 22:00 on Friday and Saturday which was less than others.  The applicant would be willing to reduce those hours if felt appropriate.  The applicant had sought a compromise with West Yorkshire Police by offering a terminal hour of 20:30.  The premises would not be alcohol led.

·  Attention was brought to the conditions offered by the applicant which included no super-strength beers, ciders or lagers to be sold, no single cans or bottles to be  ...  view the full minutes text for item 8.