Agenda and minutes

Licensing Sub-Committee - Tuesday, 10th October, 2023 10.00 am, NEW

Venue: Civic Hall, Leeds

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

Prior to the start of the meeting, a Sub-Committee member was unable to attend. 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.

 

1.

Election of the Chair

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

Minutes:

RESOLVED – To elect Councillor Wilson as Chair 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.

 

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.

 

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 interests were raised.

 

6.

Certification of Films – Leeds Light Night pdf icon PDF 131 KB

To receive and consider the attached report of the Chief Officer (Elections and Regulatory) regarding an application for the certification of ten short films to be shown at the Carriageworks Theatre, Millennium Sq. The films will be shown as part of Leeds Light Night on the 12thand 13thOctober 2023.

 

Additional documents:

Minutes:

The report of the Chief Officer Elections and Regulatory advised Members of an application for the certification of ten short films to be shown at the Carriageworks Theatre, Millennium Sq. The films will be shown as part of Leeds Light Night on the 12thand 13thOctober 2023.

 

RESOLVED – To grant the following certifications:

Sally – U

Dingen – U

Fadenspiele 2 – U

Birdcalls – U

Moia Mama – U

Bimo xinglu – U

Moon Girl – U

Once Upon a Blue Moon – U

Planet Robin – PG

Getting to the Moon – U

 

7.

Certification of a Film – British Urban Film Festival pdf icon PDF 87 KB

To receive and consider the attached report of the Chief Officer Elections and Regulatory regarding an application for the certification of a number of films to be shown as part of the British Urban Film Festival, taking place at Everyman Cinema on 14th and 15th October 2023.

 

Additional documents:

Minutes:

The report of the Chief Officer Elections and Regulatory Members of an application for the certification of a number of films to be shown as part of the British Urban Film Festival, taking place at Everyman Cinema on 14thand 15thOctober 2023.

 

RESOLVED – To grant the following certifications:

A Better Place – 18

Behind God's back Dèyè do bon dié – 18

Guests – 18

Home – 18

if the Streets were on Fire – 18

Oluwale – 18

Our Place is Here – 18

Pacemaker – 18

Sex change, Shock horror, Probe – 18

The Therapists – 18

Walter Rodney: What They Don't Want you to Know – 18

White Nanny Black Child – 18

Wings – 18

You Fit the Description – 18

 

8.

Application for the Grant of a Premises Licence for Unit 2B, The Gateway North, Crown Point Road, Hunslet, Leeds, LS9 8BZ pdf icon PDF 143 KB

To receive and consider the attached report of the Chief Officer Elections and Regulatory regarding the grant of a premises licence made by Nicholas James Loft, for Unit 2B, The Gateway North, Crown Point Road, Hunslet, Leeds, LS9 8BZ.

 

Additional documents:

Minutes:

The report of the Chief Officer Elections and Regulatory presented an application for the grant of a premises licence made by Nicholas James Loft, for Unit 2B, The Gateway North, Crown Point Road, Hunslet, Leeds, LS9 8BZ.

 

Prior to the meeting, supplementary information was published online and circulated to Sub-Committee Members. The information related to correspondence from the applicant and objector, as well as agreed conditions with West Yorkshire Police, that have been incorporated into the Operating Schedule.

 

The following were in attendance for this item:

·  Chris Rees-Gay – Applicant’s representative

·  Nicholas James Loft – Applicant and Proposed Designated Premises Supervisor (DPS)

·  Sam Howarth – Applicant’s Business Partner

 

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

·  The premises is intended to operate as a bar/eatery, proposing the sale by retail of alcohol and performance of recorded music.

·  The premises has previously held a premises licence, trading as The Gateway Bar & Grill but due to the Premises Licence Holder’s company going into liquidation, the licence lapsed in March 2021.

·  In summary, the application is for the Sale of Alcohol (for consumption both on and off the premises) Everyday – 11:00 until 01:00, Recorded Music Everyday 08:00 until 01:00 and the hours the premises proposes to be open to the public are Everyday 08:00 until 01:30.

·  A representation has been received from Environmental Protection Team (EPT) in their capacity as a responsible authority. In this instance, the operating schedule has been amended to include measures agreed with EPT.

·  The application has attracted representations, both in support and in opposition from local residents and a local ward councillor.

·  Conditions as agreed with West Yorkshire Police (WYP) were set out in the supplementary information.

 

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

·  The 10pm cut off point to use the rear entrance is considered ‘standard’ in the centre of Leeds. The applicant does not envisage any issues in terms of noise with the 10pm cut off point and there will be no audible speakers placed outside. Customers using the premises will be made aware of low noise levels before entering outside and be told 30 minutes before the outside area is closing, to enable them to slowly make their way back inside. An earlier close time in summer months is not ideal.

·  The rear entrance for seating is larger than the front.

·  There are flats above the premises, as well as offices.

·  There will be no door supervisors as it is craft beer and food led, and the applicant doesn’t want to create an environment that will require door staff.

·  The average pint of beer is priced at £6, and it is believed that this will not attract a ‘certain type’ of audience.

 

In summarising, the applicant’s representative explained that the premises is not intended to be what it was previously, and the operators are experienced enough to deal with the 10pm closing time of the external area.  ...  view the full minutes text for item 8.

9.

Application for the Grant of a Premises Licence for Swillington Miners Welfare Pavilion & Sports Ground, 9 Wakefield Road, Swillington, Leeds, West Yorkshire, LS26 8QB pdf icon PDF 146 KB

To receive and consider the attached report of the Chief Officer regarding an application for the grant of a premises licence made by Mark Turnbull for Swillington Miners Welfare Pavilion & Sports Ground, 9 Wakefield Road, Swillington, Leeds, West Yorkshire, LS26 8QB.

 

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 Mark Turnbull for Swillington Miners Welfare Pavilion & Sports Ground, 9 Wakefield Road, Swillington, Leeds, West Yorkshire, LS26 8QB.

 

The following were in attendance:

·  Mark Turnbull, Applicant

·  Helen Wormsley, Supporter

·  David Godley, Supporter

·  Gavin Smith, Supporter

·  Jacqui Smith, Objector

·  Stephen Wood, Objector

·  Andrew Nall, Objector

 

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

·  The application is for a new licence for the club’s pavilion and sports grounds located separately to the currently licensed clubhouse.

·  There is the intention to hold a maximum of 12 events per year in the external areas/club grounds.

·  The Clubhouse (separate to the pavilion and sports grounds) currently has the benefit of a premises licence. Details of this were set out in paragraph 2.2 of the submitted report.

·  In August 2022 an application to vary the licence was made seeking to allow the sale of alcohol for consumption both on and off the premises, to remove a condition regarding periodic litter checks, to incorporate the pavilion into the licensed area and to extend the area for licensable activities to include the beer garden to the front of the Clubhouse and the sports field. The Licensing Sub Committee unanimously resolved to refuse the parts of the application relating to the incorporation of the pavilion into the licensed area and the inclusion of the beer garden and the sports field into the licensed area, it became clear that the pavilion and sports fields were not adjacent to the currently licensed area (the Clubhouse).

·  In summary, the application is for the sale by retail of alcohol (consumption on and off the premises) – Everyday 11:00 until 21:30, the hours to be open to the public – Everyday 11:00 until 22:00 and there are no non-standard timings proposed.

·  Agreements have been reached with Environment Protection Team (EPT) and West Yorkshire Police (WYP) resulting in amendments to the proposed operating schedule.

·  The application has attracted several representations from members of the public opposing the application on the grounds of public nuisance. The application has also attracted several letters of support and a petition with 485 signatures.

 

The applicant provided the Sub-Committee with some background context to the Club and explained that historically the pavilion held a licence prior to 2008. The applicant explained that the pavilion was re-built in the 90s, after it burnt down, and the sports field declined to a point where it did not need a licence anymore. The applicant explained that he had submitted the previous application to vary the Clubhouse licence following advice received from the local authority and it was rejected by the Licensing Sub-Committee on the grounds of not meeting certain criteria.

 

The applicant explained that following a successful bid to Sports England and the Football Federation to improve the pavilion, the club were granted £350,000 to make those improvements  ...  view the full minutes text for item 9.