Agenda and minutes

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

RESOLVED – To elect Councillor N Buckley 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 against refusal of inspection of documents.

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 was a formal item submitted as item 8 - Temporary Event Notice (TEN) for Sky Emerald, Unit 1, 91 Queen Street, Morley, Leeds, LS27 8DW, however, the TEN was withdrawn by the applicant prior to the hearing and did not require the Licensing Sub-Committee’s consideration.

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

No declarations of interest were made.

The report of the Chief Officer advises Members of an application to vary a premises licence made by Moonlight Taverns Ltd, for Britannia, 235 Swinnow Road, Swinnow, Leeds, LS28 9AP.

The Chief Officer for Elections and Regulatory submitted a report which advised Members of an application to vary a premises licence made by Moonlight Taverns Ltd, for Britannia, 235 Swinnow Road, Swinnow, Leeds, LS28 9AP.

There was no applicant or objecting parties present attending the meeting.

The Legal officer explained the procedure for the hearing. As there were no parties present to submit representations at the hearing, the capacity for the Sub-Committee to determine the application with only two Members present was noted.

The Licensing Officer presented the application informing the Members of the following points:

• The existing license for the premises was for;

o  Sale by retail of alcohol (for consumption both on and off the premises) every day 11:00 - 00:00

o  Provision of late night refreshment every day 23:00 - 00:00

o  Exhibition of a film every day 11:00 - 00:00

o  Indoor sporting events every day 11:00 - 00:00

o  Performance of live music every day 11:00 - 23:00

o  Performance of recorded music every day 11:00 - 00:00

o  Indoor sporting events and entertainment of a similar description every day 11:00 - 00:00

• The variation of the license requested by the applicant was for sale by retail of alcohol every day 9:00 – 00:00
• A redacted copy of the application form was available at appendix B.
• Responsible Authorities and Ward Members had been notified of the application.
• The application had originally proposed sale by retail of alcohol every day 8:00 – 00:30, the Environmental Protection Team (EPT) had proposed to amend the hours to 9:00 – 0:00 and their agreement was available at appendix D.
• There was one public objection that remained outstanding. The objector had noted the amended hours of sale but still held their objection on the grounds of public nuisance.

Members discussed the following:

• The Sub-Committee expressed their disappointment that the applicant was not present for the hearing but agreed to continue with the applications determination.

RESOLVED – To grant the application as applied for, with the additional condition that alcohol purchased between the hours of 09:00 to 11:00 will be consumed on the premises and only when purchased alongside food.

The report of the Chief Officer Elections and Regulatory requests Members consideration on an application for the grant of a premises licence made by Mr Javed Aqib & Mr Adam Javid, for TJ's Pizza, 341 Kirkstall Road, Burley, Leeds, LS4 2HD.

The report of the Chief Officer Elections and Regulatory requested Members consideration for an application for the grant of a premises licence made by Mr Aqib Javed & Mr Adam Javid, for TJ's Pizza, 341 Kirkstall Road, Burley, Leeds, LS4 2HD

Attending the meeting were:

• Mr Aqib Javed – Applicant
• Mr Daoud Javed – Applicant’s relative

The Legal Officer explained the procedure for the hearing. As the Sub-Committee was comprised of only two Members, the procedure was outlined to the applicant who agreed to proceed with the hearing.

With agreement from the Chair, an additional document was tabled by the applicant which detailed character references of himself, provided by local businesses and friends.

The Licensing Officer presented the application informing Members of the following points:

• The application was for late night refreshment every day from 23:00 – 01:00 and the premises was an existing hot food takeaway.
• Responsible Authorities and Ward Members had been notified on the application.
• Agreements had been reached between the applicant and West Yorkshire Police (WYP) and EPT which had resulted in a number of suggested measures being incorporated into the proposed operating schedule and the objections had been withdrawn.
• There was one public objection that remained outstanding which was on the grounds of public nuisance. Their details had been redacted and they held concerns for fear of retribution.
• A copy of the application form was available at appendix A, a map of the locality at appendix B, the agreement with EPT at appendix C, an agreement with WYP at appendix D, the public objection comment at appendix E and the applicant’s response to the objection comment at appendix F.

The applicant provided the following information:

• Agreements had been reached with WYP to control potential nuisance.
• Contact with EPT to install an additional bin outside the premises was ongoing to mitigate littering. The applicant had also proposed to pay for the bin themselves to speed up the process.
• There was a convenience store and a McDonald’s restaurant nearby with customers from there believed to be contributing to the litter issues in the area.
• The objection comment had noted littering of branded food packaging however, the applicant’s premises used unbranded packaging for food and outlined that this was not from his business.
• TJ’s Pizza held a 5 star hygiene rating and had recently spent £500 on pest control devices. Vermin in the area were likely stemming from multiple premises as there was a multitude of restaurants and takeaways in the locality.
• The quadbike and firework related anti-social behaviour that had been referenced in the objection comment was not relevant to the premises and did not stem from TJ’s Pizza.
• The anti-social use of vehicles was largely occurring from people accessing the convenience store next door and efforts to speak to these individuals to use vehicles mindfully and behave appropriately resulted in confrontation.
• Vehicle use was prominent outside the premises as it was the only part of the stretch of Kirkstall Road not covered by double yellow lines. Contact  ...  view the full minutes text for item 7.

This matter was withdrawn by the premises user prior to the hearing.