Agenda and minutes

Prior to the start of the meeting, a Sub-Committee member was unable to attend. Best efforts were made to seek a third member, but such attempts were unsuccessful. Given this situation and in line with Licensing Procedure Rule 6, parties present are to be provided with an opportunity to agree a quorum of 2 Sub-Committee members. When seeking agreement to proceed on that basis, all parties in attendance agreed a quorum of 2 Sub-Committee members. The meeting therefore proceeded.

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

RESOLVED – To elect Councillor Hutchison as Chair prior to the start 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 circulated in relation to Agenda Item 6 – Review of the Premises Licence for M&S 24/7 Off Licence Shop and Agenda Item 7 – Baba Jaga 2. Minute No. 6 and 7 refer.

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

No interests were raised.

To consider the report of the Chief officer, Elections and Regulatory, advising that West Yorkshire Police has served on the Licensing Authority an application under Section 51 of the Licensing Act 2003 for a Review of the Premises Licence in respect of M&S 24/7 Off License Shop, 128 Roundhay Road, Leeds, LS8 5NA.

The report of the Chief Officer (Elections and Regulatory) presented an application that informs the Licensing Sub Committee that West Yorkshire Police has served on the Licensing Authority an application under Section 51 Of the Licensing Act 2003 for a review of the premises licence in respect of M&S 24/7 Off Licence Shop, 128 Roundhay Road, Leeds, LS8 5NA.

The application to review the licence follows a visit by West Yorkshire Police and Leeds City Council’s Entertainment Licensing Section. The visit resulted in the seizure of a large amount of nitrous oxide from the premises and found that the business was not operating in accordance with its Premises Licence.

Supplementary information in relation to this item was distributed to Sub-Committee Members as well as being published on the Council’s website. This is in the form of additional information received by West Yorkshire Police, Leeds City Council’s Entertainment Licensing Section, and the licence holder.

The following were in attendance for this item:

·  PC Neil Haywood, West Yorkshire Police – Review Applicant

·  Carmel Brennand, Entertainment Licensing – in support of the application

·  Chetna Patel, Public Health – in support of the application

·  Merhawi Yowhanse – Licence Holder

·  Masood Hussain, Hayman’s Solicitors – Licence Holder’s Representative

The Licence Holder’s representative made a submission for a further document to be considered as part of the document pack, in the form of a petition. Members agreed for this to be considered as a formal late item.

The Licence Holder’s representative put forward an application to the Sub-Committee for the application to be deferred until a later date. He explained that he was instructed late on Wednesday, 13^th December 2023, and had not been given a lot of time to read all of the relevant information. It was also noted that arrangements had been made for an interpreter to attend the meeting without success. It was confirmed that the licence holder can understand English, but it takes him longer to understand what is being asked of him. The applicant representative summarised by explaining they needed more time to prepare for the hearing. In considering this request, West Yorkshire Police, Leeds City Council’s Entertainment Licensing and Public Health believed an ample amount of time had been given for all documentation to be considered and raised concerns regarding the safety of children and the public in deferring the hearing.

Deliberations took place for Sub-Committee Members to consider the application.

Upon returning to the room, Sub-Committee Members resolved to refuse the application to defer the hearing and felt that adequate time has been provided for the licence holder to instruct a solicitor. They felt that in was necessary and in-line with the licensing objectives to proceed with the hearing. Therefore, it was RESOLVED – That the meeting proceed on that basis.

The Legal Officer outlined the procedure for the hearing, and the Licensing Officer presented the application. The following was confirmed:

·  Arrangements using the Council’s Translation Services were in place for an interpreter to attend the hearing  ...  view the full minutes text for item 6.

To consider the report of the Chief officer, Elections and Regulatory advising that West Yorkshire Police has 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 Baba Jaga 2, 12 - 14 Strathmore Drive, Harehills, Leeds, LS9 6AB.

The report of the Chief Officer (Elections and Regulatory) informed the Sub-Committee that West Yorkshire Police has 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 Baba Jaga 2, 12-14 Strathmore Drive, Harehills, Leeds, LS9 8AB.

The grounds for review relate to the seizure of illicit tobacco, non-duty paid alcohol, illegal vapes and two failed test purchases, where the premises sold alcohol to persons under the age of 18 years old.

Recent applications have been made to transfer the premises licence, to specify a new individual as designated premises supervisor (DPS) and to apply additional conditions to the licence.

The following were in attendance for this item:

·  Carmel Brennand, Entertainment Licensing – in support of the application

·  Chetna Patel, Public Health – in support of the application

·  Patrick Robson, John Gaunts & Partners – Licence Holder’s Representative

·  Nabaz Ibrahim Karim – Licence Holder

It was confirmed that the applicant, West Yorkshire Police, were not attending the hearing and it was explained in an email that they were content for the hearing to be ‘dispensed’ with. Further to this, the representative from Entertainment Licensing confirmed that further to the decision to grant the applications to transfer the licence and to specify a new DPS, Ms Brennand withdrew her representation.

The representative from Public Health confirmed she would like the hearing to proceed, and her representation remains outstanding. On that basis, the Sub-Committee Members agreed to proceed with the hearing.

The Legal Adviser outlined the procedure for the hearing and the Licensing Officer provided an overview of the application. The following was confirmed:

·  At the time of the offences the director of the company that held the licence and the DPS was Omar Rashka. More robust conditions have been agreed in that Mr Rashka will be excluded from holding the licence, acting as DPS, and being involved in day-to-day running of the business. The minor variation application adding further conditions was granted as applied for on 25^th November 2023.

·  Representations remain outstanding from Public Health and the local ward councillors.

·  Supplementary information has been circulated and published on the Council’s website in the form of additional information provided by the licence holder and a copy of the decision notice following the successful applications to transfer the licence and to specify a new individual as DPS.

Ms Patel informed the Sub-Committee and provided the following information:

·  Public Health object on all grounds of the licensing objectives. The premises sold a number of non-duty paid goods and illicit tobacco to underage children, and failed test purchasing. This does not promote the licensing objectives.

·  There is a high number of off-licences in the Harehills area currently and the area has a high alcohol risk rating.

·  There is a high number of children in the Harehills area.

·  The premises is near a number of children’s school and centres. GIPSIL is also located nearby who work with a number  ...  view the full minutes text for item 7.