Agenda and minutes

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

RESOLVED – That Councillor Hinchcliffe be elected as Chair throughout 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 published in relation to Agenda Items 7, 8, 9 and 10. Minute No. 7, 8, 9 and 10 refer.

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

No interests were raised.

The report of the Chief Officer, Elections and Regulatory advises the Licensing Sub Committee Members of an application for the certification of Betrayed: The Truth About Brexit, to be screened on 23rd March 2024, at Hyde Park Picture House.

The report of the Chief Officer (Elections and Regulatory) advised the Sub-Committee of an application for the certification of Betrayed: The Truth About Brexit, to be screened on 23^rd March 2024, at Hyde Park Picture House.

The application has been received from Leeds for Europe.

RESOLVED – To grant a rating of Category 12A.

This report advises Members of an application for the certification of seventeen films to be shown at The Carriageworks Leeds LS2 3AD, Leeds City Museum LS2 8BH, Leeds Kirkgate Market LS2 7HY and Hyde Park Picture House LS6 1JD. The films will be shown as part of Leeds Young Film Festival 2024, taking place between 23rd March 2024 and 14th April 2024.

The report of the Chief Officer (Elections and Regulatory) advised Members of an application for the certification of seventeen films to be shown at The Carriageworks Leeds, LS2 3AD, Leeds City Museum, LS2 8BH, Leeds Kirkgate Market LS2 7HY and Hyde Park Picture House LS6 1JD. The films will be shown as part of Leeds Young Film Festival 2024, taking place between 23^rd March 2024 and 14^th April 2024.

Supplementary information was circulated and published on the Council’s website in relation to officers’ comments in terms of each of the films to be shown.

Officers recommend that one of the films to be shown ‘Big Dreams’ be rated as a 12A rating, due to frequent use of bad language and it is considered this is too strong for a PG rating.

RESOLVED – To grant the following ratings:

Toopy and Binoo – U

Nina and the hedgehog’s secret – PG

OkThanksBye – PG

Yung Punx: A Punk Parable – PG

Dancing Queen – U

Raise the Bar – PG

Big Dreams – 12A

Boris-Noris – U

Animanimals: Rhino – U

Animanimals: Dormouse – U

Animanimals: Pufferfish – U

Travel Bug – U

Tumpel (Pond) – U

Sunflower – U

The Sound Collector – U

Foxtale – U

The report of the Chief Officer, Elections and Regulatory requests Members consideration on an application for the grant of a premises licence, made by Thorp Arch and Boston Spa Cricket Club, for Thorp Arch and Boston Spa Cricket Club, Cricket Ground, The Village, Thorp Arch, Wetherby, LS23 7AR.

The report of the Chief Officer (Elections and Regulatory) presented an application for the grant of a premises licence, made by Thorp Arch and Boston Spa Cricket Club, for Thorp Arch and Boston Spa Cricket Club, Cricket Ground, The Village, Thorp Arch, Wetherby, LS23 7AR.

Supplementary information was published on the Council’s website and distributed to Sub-Committee members before the meeting. The information related to withdrawal of representations from West Yorkshire Police and Leeds City Council’s Environmental Protection Team.

The following were in attendance for this item:

·  Adam Gough, Thorp Arch and Boston Spa Cricket Club – Applicant

·  Councillor Alan Lamb – Objector

·  Councillor Norma Harrington – Objector

·  Andrew Jones – Supporter

·  K Walsh – Club Secretary

The Legal Adviser outlined the procedure for the hearing and the Licensing Officer presented the application.

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

In summary the application is for sale by retail of alcohol every day 11:00 until 23:30 and performance of live and recorded music every day 11:00 until 23:00. The clubhouse will be used for all licensable activities. The yellow outfield area shown on the plan as per the submitted report will be used for no more than 5 events per year.

Representations have been received from West Yorkshire Police and the Environmental Protection Team in their capacity as responsible authorities. Supplementary information details agreements made between such responsible authorities and the applicant, and therefore both representations have been withdrawn.

The licensing authority is in receipt of twenty individual letters of objection, two letters from ward councillors and a letter from the parish council, all of which oppose to the application on all grounds of all licensing objectives. The licensing authority is also in receipt of twenty individual letters of support.

The applicant informed the Sub-Committee of the following:

·  The cricket club is a community led environment and has worked hard at being a good neighbour to residents.

·  West Yorkshire Police, LCCs Environmental Protection Team and the Fire Department have actively engaged throughout the process of the application and discussed issues and found resolutions to them.

·  Thorp Arch and Boston Spa (TABS) has been there for 150 years and over time has established 223 members as of 2024. There are women’s and children’s teams also. TABS is in the centre of the village and the grounds are accessed via a private gate, with a clubhouse facility.

·  TABS is on a 1 year rolling lease, and should the business fold, the playing fields will be returned to the owners and there is a possibility this may be developed into residential development.

·  The applicant lives in Boston Spa and has been the Chairman of the club since 2013. He rebuilt the club and has put on a variety of events. There have been substantial private donations to help re-build the club.

·  The same key challenges are faced every year in terms of financial stability and the applicant’s intention is to ensure the club is self-sustaining and remains a  ...  view the full minutes text for item 8.

The report of the Chief Officer, Elections and Regulatory sets out an application for the grant of a premises licence, made by Roielle Morris, for Eden Supermarket 207 Dewsbury Road, Leeds, LS11 5HZ.

The report of the Chief Officer (Elections and Regulatory) presented an application for the grant of a premises licence, made by Roielle Morris, for Eden Supermarket 207 Dewsbury Road, Leeds, LS11 5HZ.

Supplementary information was published on the Council’s website and distributed prior to the meeting. The information related to agreements reached with West Yorkshire Police.

The following were in attendance for this item:

·  Roielle Morris, Applicant and proposed DPS

·  Joanna Onisiforou, Irwin Mitchell Solicitors – Applicant’s Representative

·  Saman Fakhri – Leaseholder

·  Bruce Davies – Objector

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

The proposed licensable activities are sale by retail of alcohol (for consumption off the premises) every day 09:00 until 23:00 and the proposed opening times are 09:00 until 23:00.

The application has attracted representations from other persons and responsible authorities which remain a matter for consideration.

A representation has been received from West Yorkshire Police in their capacity as a responsible authority. Further to negotiations, the operating schedule has been amended to include suggestions from the police. They have therefore withdrawn their representation.

Representations have also been received from two individual letters of objection, including one from a ward councillor and the other from a member of the public which oppose the application on the grounds of public nuisance.

The applicant’s representative addressed the Sub-Committee and provided the following information:

·  The applicant has more than 12 years’ experience in retail and hospitality and has lived in Middleton. The applicant has been a bar manager, shop manager and has held a personal licence since she has been 18 years of age. The applicant has also completed a course for her SIA badge, as well as health and safety training and first aid training.

·  The premises is not located in a Cumulative Impact Assessment area.

·  The applicant is offering something different to traditional off-licences and is the only premises in the area offering Uranian food products.

·  The hours applied for is until 11pm and there are various outlets nearby with the same and/or later opening hours. There are staggered hours in the area which is supported in licensing policy.

·  The applicant has offered a range of conditions, and some agreed in liaison with the police.

·  Objections from residents relate to nuisance caused by street drinkers and anti-social behaviour related issues. There is a nearby street bench used by street drinkers and existing issues are not associated with the applicant.

·  The operator is not responsible for the issues that already exist in the local area, and she has confirmed she is willing to comply with all the conditions she has offered.

·  The applicant is wanting to set-up a legitimate business and she will not be serving to street drinkers.

·  There has been a new alarm system fitted and new CCTV installed.

·  There are measures in place for recycling and general waste.

A local resident attended the meeting as an objector to the application, and informed the  ...  view the full minutes text for item 9.

The report of the Chief Officer, Elections and Regulatory is in relation to two applications received by the Licensing Authority in respect of Potraviny Danko, 39 Compton Road, Burmantofts, Leeds, LS9 7BJ; an application to transfer the premises licence and an application to vary the licence to specify an individual as the designated premises supervisor (DPS).

The Sub Committee considered the report of the Chief Officer (Elections and Regulatory) which set out the following applications in relation to the premises known as Potraviny Danko, 39 Compton Road, Burmantofts, Leeds, 7BJ:

a)  an application for the Variation of the Premises Licence from Saman Ali Faiak to specify an individual (Mr Kewmars Muhamad) as Designated Premises Supervisor.

b)  Prior to the hearing, a further application for the Variation of the Premises Licence to specify an individual (Mr Kambiz Sawjblagchy) as Designated Premises Supervisor – this application to supersede the application for Mr Muhamad.

c)  an application to transfer the Premises Licence from Saman Ali Faiak to Potraviny Leeds Limited.

Supplementary information was published on the Council’s website and distributed to Sub-Committee Members prior to the meeting, the information had been supplied by the Applicant’s Representative and West Yorkshire Police.

The following were in attendance for this item:

·  Chris Rees-Gay – Applicant’s Representative

·  Ziad Mohammed - Applicant

·  Mr Kambiz Sawjblagchy – Designated Premises Supervisor (DPS)

·  PC Andy Clifford, West Yorkshire Police – Objector

The applications had been served on West Yorkshire Police and objections had been made to both applications.

In asking parties if they had any additional information to share, it was confirmed that PC Clifford had some CCTV footage filmed from Coral Bookmakers showing the extent of street drinking in the area and issues associated with it. In response to this, the applicant’s representative did not object to the Sub-Committee viewing this footage as he believed these were not issues associated with Potraviny Danko. The Sub-Committee agreed to view this footage as part of PC Clifford’s presentation.

The applicant’s representative referred to additional information he had in relation to a witness statement from the applicant, summarising that alcohol is not sold to street drinkers, or is there any connection to the footage of street drinkers.

The Legal Adviser to the Sub-Committee outlined the procedure for the hearing and the Licensing Officer presented the application. Members were informed:

·  Since publication of the agenda, the Licensing Authority had received a further application to vary the DPS to Mr Kambiz Sawjblagchy which therefore supersedes the previous application. Sub-Committee Members were solely considering one application to transfer the premises licence at the hearing.

·  The application to transfer the premises licence was served on West Yorkshire Police, and an objection to this application has been made and is presented before the Sub-Committee for determination.

·  In April 2015 the initial application for a premises licence was granted, by Mr Mohammed Rasregar who also acted as the DPS. In March 2016 a transfer application and variation of the DPS was submitted by Saman Ali Faiak and was granted. On 10^th November 2023, West Yorkshire Police submitted a review application, where the premises was found to be selling non-duty paid alcohol and illicit tobacco. The Sub-Committee determining that application, revoked the licence. On 8^th February 2024 an appeal was lodged with Kirklees magistrates which is due to be heard on 5^th April  ...  view the full minutes text for item 10.