Agenda and minutes

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

RESOLVED – That Councillor Hinchliffe be elected Chair 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 the 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.

Agenda item 6 - Summary Review of the Premise Licence held at The Three Legs Hotel, 9 The Headrow, Leeds LS1 6PU - The Sub Committee had received supplementary information provided by West Yorkshire Police which had been designated as exempt from publication under the provisions of Access to Information Procedure Rule 10.4 (7).

RESOLVED – That the public be excluded under the provisions of Access to Information Procedure Rule 10.4 (7) from the part of the meeting where discussion was likely to involve the disclosure of exempt information, particularly information relating to action taken in connection with the prevention, investigation or prosecution of crime. (minute 7 refers)

The Sub Committee accepted one Late Item of business onto the agenda in respect of an application for Temporary Event Notice for Wykebeck Arms, Selby Road, Halton, Leeds, LS9 0EW. (minute 6 refers).

The Sub Committee has also received supplementary information in respect of Item 6 – the Summary Review of the Premises Licence held by The Three Legs Hotel, Leeds 1. (minute 7 refers).

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

There were no declarations of interest.

The report of the Chief Officer, Elections and Regulatory requests Members consideration on a Temporary Event Notice which has been received for the premises Wykebeck Arms, Selby Road, Halton, Leeds, LS9 0EW.

The report of the Chief Officer, Elections and Regulatory, requested the Sub Committee consider a Temporary Event Notice (TEN) received for the Wykebeck Arms, Selby Road, Halton, Leeds, LS9 0EW. This matter had been accepted onto the agenda as a Late Item of business.

The TEN described the nature of the event as an ‘Afrobeat Music Event’ and requested the Sale By Retail of Alcohol from 22:00 hours on Saturday 23 March 2023 to 04:00 hours on Sunday 24 March 2024. The application stated that the maximum number of people, including staff, on the premises during the event would be 100 attendees.

The report noted that a Closure Notice under Section 19 of the Criminal Justice and Police Act 2001 had been issued on 27 February 2024 following a licensing visit when a number of premises licence breaches were identified. West Yorkshire Police considered that allowing the premises to be used in the manner proposed would undermine the licensing objectives and had issued an Objection Notice to the TEN.

At the hearing, with the agreement of all parties, supplementary documents which included a copy of the S19 Closure Notice and copies of advertisements for the proposed event were provided.

The following attended the hearing:

PC N Heywood, West Yorkshire Police – Objector to the TEN

Mrs V Radford, LCC Entertainment Licensing (Enforcement)

Mr B Patterson, West Yorkshire Police (Observing)

PC A Clifford, West Yorkshire Police (Observing)

Mr B Barry, Premises User, Wykebeck Arms - applicant

Mrs A J Barry, Designated Premises Supervisor, Wykebeck Arms - applicant

Mr D Mort, Local Democracy Reporter (Observing)

The Sub Committee heard from the representative of West Yorkshire Police (WYP) who highlighted the following matters:

·  WYP objected to the TEN citing concerns relating to the prevention of crime and disorder, prevention of public nuisance and protection of public safety.

·  WYP and the Licensing Authority had received information from a member of the public that the premises had operated past the hours permitted on the Premises Licence at weekends which led to the visit on 27 February 2024.

·  At that visit, officers met with Mr Barry at the premises who described himself as the premises owner, to discuss the alleged late hours. The Inspection Sheet from that meeting listed the serious issues found at the premises which led to the issuing of the S19 Closure Notice.

The Sub Committee then heard from the representative of LCC Entertainment Licensing (Enforcement) in support of WYP who provided the following additional details:

·  Mr Barry was not named on the Premises Licence, but was the husband of Mrs Barry, the Premises Licence Holder (PLH) and Designated Premises Supervisor (DPS).

·  During the 27/02/24 meeting, officers noticed promotional flyers for the proposed March “Ignition” event which was advertised as “10 til late”. No TEN to facilitate that event was in place. Officers believed that the event would have been held without authorisation if they had not attended the premises on 27/02/24. Mr Barry was advised that a TEN was required and  ...  view the full minutes text for item 6.

The report of the Chief Officer, Elections and Regulatory, advises Members that West Yorkshire Police have made an application under section 53A of the Licensing Act 2003, for the summary review of the premises licence in respect of the Three Legs Hotel, 9 The Headrow, Leeds, LS1 6PU.

The report of the Chief Officer, Elections and Regulatory, requested consideration of an application made by West Yorkshire Police under Section 53A of the Licensing Act 2003, for the summary review of the premises licence in respect of the Three Legs Hotel, 9 The Headrow, Leeds, LS1 6PU. West Yorkshire Police were of the opinion that the premises were associated with serious crime or serious disorder, or both and the Licensing Authority was under a duty to hold a review hearing in accordance with Section 53C of the Licensing Act 2003.

The report outlined the outcome of an interim steps hearing on 13^th February 2024 where the conditions of the licence were modified with immediate effect pending the substantive hearing of the review application.

The report included the following documents:

·  Copy of the Premises Licence

·  Copy of the Summary Review application submitted by West Yorkshire Police

·  Copy of the certificate signed by Superintendent Rutter confirming the view of West Yorkshire Police that the premises was associated with serious crime or serious disorder, or both

·  Copy of the Interim Steps Hearing 13 February 2024 Decision Notice

·  Map showing the location of the Three Legs Hotel

·  Copy of a representation submitted by the Designated Premises Supervisor

·  Copy of Section 12 of the Section 182 Guidance (Summary Reviews).

Following the despatch of the agenda, the Sub Committee received the following supplementary information:

·  Additional Information supplied by Greene King

·  Additional information supplied by the Designated Premises Supervisor

·  Additional information supplied by West Yorkshire Police (WYP), including some information which was designated as exempt from publication under the provisions of Access to Information Procedure Rule 10.4 (7) as it related to action taken in connection with the prevention, investigation or prosecution of crime.

The following attended the hearing:

PC Andrew Clifford, West Yorkshire Police – Summary Review Applicant

Mr Bob Patterson, West Yorkshire Police (Observing)

Mr Piers Warne, TLT Solicitors – Representing the Premise Licence Holder - Greene King Brewing & Retail Ltd.

Mr Chris Gott - Greene King Brewing & Retail Ltd.

Mr Jim Outhwaite, Greene King Brewing & Retail Ltd

Mr Michael Balmer, Weightmans LLP – Representing the Designated Premises Supervisor

Mrs Deborah Fountain/Lacey - DPS

Mr Sean Fountain – Husband of the DPS (Observer)

Mr Don Mort – Local Democracy Reporter (Observer)

The Legal Officer outlined the procedure for the Review hearing which would deal with the Interim Steps hearing and the Summary Review. The parties agreed the time limit for submissions and Mr Balmer for the DPS indicated he had brought clearer copies of items DL1 and DL2 from their submission to table if needed.

The Licensing Officer outlined the report and summary review application and drew Members attention to the outcome of the Interim Steps hearing held 13 February 2024. Members were advised that WYP intended to show CCTV footage of the time of the incident at the premises on 2^nd February 2024, and at that point of the hearing, the Sub Committee may resolve to view the footage in private  ...  view the full minutes text for item 7.