Agenda and minutes

Licensing Sub-Committee - Tuesday, 30th April, 2024 10.00 am

Venue: Civic Hall, Leeds, LS1 1UR. View directions

Contact: Governance Services  Agenda papers will be published on the Council’s website ahead of each meeting. For details of the new premises licence please contact Entertainment Licensing on 0113 378 5029 after the hearing.

Items
No. Item

1.

Election of the Chair

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

Minutes:

RESOLVED – That Councillor Farley be elected to the Chair for the duration of the meeting.

2.

Appeals Against Refusal of Inspection of Documents

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)

 

Minutes:

There were no appeals against the refusal of inspection of documents.

3.

Exempt Information - Possible Exclusion of the Press and Public

 

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.

Minutes:

There were no exempt items.

4.

Late Items

To identify any applications as late items of business which have been admitted to the agenda for consideration

 

 (the special circumstances shall be identified in the minutes)

 

Minutes:

There were no formal late items. However, supplementary information had been received in relation to Agenda Item 6 - Application for the Grant of a Premises Licence for Booze 4 U, 220 Roundhay Road, Leeds, LS8 5AA. This had been published and circulated to all parties.

5.

Declaration of Interests

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

Minutes:

No declarations of interests were made at the meeting.

6.

Application for the Grant of a Premises Licence for Booze 4 U, 220 Roundhay Road, Leeds, LS8 5AA pdf icon PDF 131 KB

The report of the Chief Officer Elections and Regulatory requests Members consideration on an application for the grant of a premises licence made by Sagoo Properties Limited, for Booze 4 U, 220 Roundhay Road, Leeds, LS8 5AA.

Additional documents:

Minutes:

The report of the Chief Officer Elections and Regulatory set out an application for the grant of a premises licence made by Sagoo Properties Limited, for Booze 4 U, 220 Roundhay Road, Leeds, LS8 5AA.

In attendance for the meeting were:

  • Chris Rees-Gay, Woods Whur – Applicant’s Representative
  • ShalinderSagoo, Director of Sagoo Properties Limited – Applicant and proposed DPS
  • Sue Duckworth, Entertainment Licensing - Objector
  • PC Andrew Clifford, West Yorkshire Police - Objector
  • Milly Slezak, Public Health - Objector
  • Claire Simms, Environmental Protection Team – Objector
  • Peter Mudge, Communities Team - Objector

The Legal Officer set out the procedures for the meeting.

The Licensing Officer presented the application to the Sub-Committee provided the following information:

  • The application was made by the landlord of the premises for a ‘shadow licence’, as the existing licence is currently subject to appeal proceedings following a decision by the Licensing Sub-Committee to revoke the licence. This had followed a review brought by West Yorkshire Police on the grounds of failed test purchases and seizures from the premises of non-duty paid/counterfeit cigarettes and non-compliant electronic cigarettes.
  • A history of the premises was set out at Paragraph 2 of the submitted report.
  • A copy of the licence held by Mr Eliasy and subject to appeal proceedings was attached to the report at Appendix A.
  • The applicant was Sagoo Properties Limited, and the proposed Designated Premises Supervisor was Shalinder Sagoo.
  • The application was for Sale by Retail of Alcohol (for consumption off the premises) everyday 00:00 - 23:59. A copy of the application was appended to the report at Appendix B. It was noted that the applicant was willing to undertake all of the condition attached to the existing licence to promote the licensing objectives.
  • A map identifying the location of the premises was provided at Appendix C of the report.
  • Representations had been received from the following Responsible Authorities:
    • Entertainment Licensing – copy at Appendix D
    • Entertainment Licensing Enforcement – copy at Appendix E
    • Environmental Protection Team – copy at Appendix F
    • Local Neighbourhood and Communities Team – copy at Appendix G
    • Public Health – copy at Appendix H
    • West Yorkshire Police – copy at Appendix I
  • Representation had also been received from the Local Ward Councillors – copy at Appendix J.
  • It was noted that the premises were located within the Harehills and Burmantofts Cumulative Impact Area and a copy of the policy was provided at Appendix K.
  • A list of licensed premises in the area and their licensed activities was provided at Appendix L.

 

The applicant’s representative informed the Sub-Committee of the following:

·  The supplementary information advised the Members that the primary licence for the premises had been revoked by the Licensing Sub-Committee on 6th February 2024. This was currently the subject of an appeal, and the hearing is set for 17th June 2024.  As this was a standard review, as is set out in Section 51 of the Licensing Act (“the Act”), the determination does not have effect,  ...  view the full minutes text for item 6.

7.

Application for the Grant of a Premises Licence for Convenience Store, 145 Oldfield Lane, Upper Wortley, Leeds, LS12 4EX pdf icon PDF 127 KB

The report of the Chief Officer Elections and Regulatory requests Members consideration on an application for the Grant of a Premises Licence for Convenience Store, 145 Oldfield Lane, Upper Wortley, Leeds, LS12 4EX

Additional documents:

Minutes:

Members had been advised by Entertainment Licensing prior to the meeting that the application for the grant of a premises licence for Convenience Store, 145 Oldfield Lane, Upper Wortley, Leeds, LS12 4EX, had been withdrawn by the applicant’s representative, and would be heard at a later date.

 

8.

Application to Vary a Premises Licence held by Go Local (with Gulf Petrol Station), Green Lane, Yeadon, Leeds, LS19 7BU pdf icon PDF 124 KB

The report of the Chief Officer Elections and Regulatory presents an application to Vary a Premises Licence held by Go Local (with Gulf Petrol Station), Green Lane, Yeadon, Leeds, LS19 7BU

Additional documents:

Minutes:

The report of the Chief Officer Elections and Regulatory requested Members consideration on an application to vary a premises licence held by Go Local (with Gulf Petrol Station), Green Lane, Yeadon, Leeds, LS19 7BU.

In attendance at the meeting were:

  • Ian Rushton, JL Licensing – Applicant’s Representative
  • TharmalingamNitharshan – Applicant and existing DPS

 

The Legal Officer set out the procedures for the meetings.

The Licensing Officer presented the application providing the Licensing Sub Committee with the following information:

  • The application was made to extend the Sale by Retail of Alcohol to 24 hours a day, 7 days a week, and to add the provision of Late Night Refreshment, from 23:00 hours to 05:00 hours every day.
  • A history of the premises was provided for Members at Paragraph 2 of the submitted report. A copy of the existing licence was appended to the report at Appendix A.
  • The applicant was Tharmalingam Nitharshan. A copy of the application was attached at Appendix B. It was noted that the applicant proposed to promote the licensing objectives by taking additional steps identified in the document attached to the report at Appendix C.
  • A map identifying the location of the premises was attached at Appendix D.
  • Representation had been received from West Yorkshire Police and in this instance the operating schedule had been amended to include a number of suggested measures. As a result, the representation had been withdrawn and a copy of the agreement was attached to the report at Appendix E.
  • The application had also attracted representations from members of the public and a registered charity. These opposed the application primarily on grounds of public nuisance. Copies of the representations were appended to the report at Appendix F.
  • Entertainment Licensing were also in receipt of template letters signed by individuals expressing their support for the application and copies of these were attached at Appendix G.
  • A list of licensed premises in the area and the licensed hours and activities were provided to the Sub-Committee at Appendix H.

 

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

·  The applicant has worked in a convenience store for 20 years which has sold groceries, sweets, alcohol, cigarettes and petrol.  He also has 10 years’ experience at a 24-hour convenience store in Sheffield.

·  Mr Nitharshan passed his personal licence with Croyden Council.

·  Mr Nitharshan has bought the freehold of these premises and is committed to the business and the community.

·  The applicant manages these premises daily with no issues. He currently employs 4 staff, and should he be granted the 24-hours he would need to hire more staff. He is aware that he needs to have well trained staff.

·  The current licence has mandatory conditions. However, Mr Nitharshan has agreed to strengthen these conditions with:

o  CCTV inside and outside with 4 cameras outside. Recordings would be kept for 31 days and images could be supplied to the Responsible Authorities if necessary.

o  Incidents and Refusals logbooks.

o  Regular staff training.

o  Put up  ...  view the full minutes text for item 8.