Agenda and minutes

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.

A formal late item was published and circulated to Sub-Committee Members

prior to the meeting, regarding a Temporary Event Notice (TEN) for Premier Banqueting Suite, Stoney Rock Lane, Burmantofts, Leeds, LS9 7TZ.

There was also supplementary information submitted in relation to Item 6 - Application for the grant of a Premises Licence for Maxi Foods, 22 Harehills Road, Harehills, Leeds, LS8 5PB.

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

No interests were raised at the meeting.

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

The report of the Chief Officer (Elections and Regulatory) set out an application for the grant of a premises licence, made by Maxi Food Leeds Ltd, for Maxi Foods, 22 Harehills Road, Harehills, Leeds, LS8 5PB.

The following were in attendance for this item:

·  Chris Rees-Gay, Woods Whur – Applicants Legal Representative

·  Dylan Safy, Maxi Food Ltd – Operator/ Designated Premises Supervisor (DPS)

·  Darrell Butterworth - Expert Witness in support of the application

·  Peter Mudge - Safer Stronger Communities Team

·  Councillor Salma Arif – Public Objector representor

·  PC Andy Clifford – West Yorkshire Police (WYP)

·  Sue Duckworth – Entertainment Licensing

·  Vanessa Holroyd – Environmental Health

·  Nicola Kelly-Johnson - Public Health

The Legal Officer set out the procedure to be followed. At the discretion of the Chair, it was agreed that 25 minutes was permitted for each party to make their representation to the Sub-Committee.

In response to a request to table an additional community watch document by the public objector representor, following legal advice, the Sub-Committee deemed that the document should not be considered due to relevant parties not having sufficient time to address its contents.

The Licensing Officer presented the application, highlighting the following points:

·  The application had been made for the premises to operate as a convenience store with the licensable activity sale by retail of alcohol for consumption off the premises for the hours of 08:00 – 23:00 daily.

·  Responsible authorities and Ward Members had been notified of the application.

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

·  The premises were located within an area which was covered by Harehills Cumulative Impact Assessment Policy (CIA).

·  The application form was available at appendix A of the report, a map of the locality at appendix B, Entertainment Licensing’s objection at appendix C, Environmental Health’s objection at appendix D, WYP’s objection at appendix E, Safer, Stronger Communities Team’s objection at appendix F, Leeds Anti-Social Behaviour Team’s objection at appendix G, Public Health’s objection at appendix H, Neighbourhood Policing WYP’s objection at appendix I, public objections at appendix J, CIA information at appendix K and a list of local licensed premises at appendix L.

·  A case summary document had been provided at Supplementary Information 2 which proposed two conditions, that if granted, the licence will exclude the sale of beers, lagers, or ciders and a litter collection will be undertaken daily outside the premises prior to opening. Information as to how the operating schedule was not perceived to contribute to the concerns for the area was also contained.

The Applicant’s Representative presented the following information:

·  The grant of a licence was sought with the amended operating schedule of no beer, lager or cider to be stocked, as well as other proposed conditions such as all spirits less than 70cl will not be stored or sold at the premises and alcohol products will not accommodate more than 10% of the available shop floor space.

·  Photographs of the shop fittings and displays were available at pages 5-9 of Supplementary Pack  ...  view the full minutes text for item 6.

This was a late item added to the agenda as Item 7.

The report of the Chief Officer (Elections and Regulatory) advised Members of

a Temporary Event Notice (TEN) which has been received by the Licensing Authority

in respect of an event at Premier Banqueting Suite, Stoney Rock Lane, Burmantofts, Leeds, LS9 7TZ.

The following were in attendance for this item:

·  Elizabeth Hebbert – Environmental Protection Team

·  TatineNaruhana – Proposed Premises User (PPU) for the TEN

The Legal Officer set out the procedure to be followed.

The Licensing Officer presented the application, highlighting the following points:

·  Members were advised that a Temporary Event Notice had been received and that Leeds City Council’s Environmental Protection Team had served an objection notice on the grounds of public nuisance.

·  The PPU was Tatine Naruhana and a copy of the temporary event notice was attached to the late item report pack at Appendix A.

·  The Temporary Event Notice was for the provision of regulated entertainment from 23:00 on the 12^th of August 2023 to 02:00 on the 13^th of August 2023. The maximum number of people including staff on the premises during the event had been specified as 280.

·  Members were advised that there was no premises licence in force for the suite.

The Environmental Health Officer in attendance outlined the following information to the Sub-Committee:

·  The objection notice had been served due to public nuisance associated with people leaving the premises, slamming taxi doors and noise from music, with residential housing bordering the carpark.

·  The premises had a history of 10 years of complaints, mostly comprised of disturbance from noise, sometimes until 3:00am.

·  An event had been held at the premises on the 8^th of April 2023 which had gone on past midnight and the disturbance to local residents had been noted.

·  Complaints had been re-occurring over the last year regarding car doors slamming, glass bins being emptied and guests leaving at late hours. Noise monitoring had been used from the 22^nd to the 24^th of July 2022 and the equipment had detected noise and disturbance until 3:00am.

·  The evidence gathered had been sufficient for a material complaint and serving the objection notice.

·  The Premises Events Manager had been contacted to notify them of the complaints received and requested improved measures for noise control however, the complaints continued. They had been advised not to hold events past 23:00 to limit the impact on residents and responded stating the Environmental Protection Team should object when necessary.

·  A planning application from September 2022 had approved the hours of operation for the premises as 9:00 until 23:00 Monday to Friday and 9:00 until 22:00 on Sundays and Bank Holidays. This TEN was proposed outside these hours.

·  There was great potential for disturbance from the event if allowed as it was for up to 280 people, late into the night and within a residential area.

The PPU outlined the following information the Sub-Committee:

·  The premises had been booked for the  ...  view the full minutes text for item 7.