Agenda and minutes

RESOLVED – Councillor Selby was elected Chair for the hearing

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)

There were no formal late items of business. The Sub Committee was however in receipt of the following supplementary information

·  Copies of photographs submitted by West Yorkshire Police of items seized during a raid undertaken by the police

·  Copies of photographs of the premises and publicity material submitted by the Premise Licence Holder

Members are reminded to declare any interests at the start of the hearing on each application for the purpose of Section 81 (3) of the Local Government Act 2000 and paragraphs 8 to 12 of the Members Code of conduct

The following Members declared personal/prejudicial interests for the purposes of Section 81(3) of the Local Government Act 2000 and paragraphs 8 to 12 of the Members Code of Conduct :

Councillor A Castle – declared a personal interest as a local authority appointed member of West Yorkshire Fire and Rescue Authority. The documentation submitted in respect of the review of the Premises Licence held at Kerbcrawler included a Notice served by WYFRA although it should be noted that Councillor Castle had no personal involvement in the decision making process.

To consider the report of the Assistant Chief Executive (Corporate Governance) on an application received for an appeal against the decision made following the Summary Review of a premises licence under section 53A of the Licensing Act 2003 for the premises known as “Kerbcrawler”, Aquatite House, Water Lane, Holbeck.

(Report Attached)

Further to the decision of the Licensing Sub Committee on 8^th December 2009 to take interim steps pending a Summary Review of the Premises Licence currently held at the premises known as “Kerbcrawlers”, the Assistant Chief Executive (Corporate Governance) submitted a report on representations received from the Premise Licence Holder (PLH) in response.

The Interim Steps Hearing on 8^th December 2009 had been necessitated following receipt of an application served under Section 53A of the Licensing Act 2003 from West Yorkshire Police (WYP) for the Summary Review of the Premises Licence as the police believed that the premises was associated with serious crime. That Sub-Committee resolved, with immediate effect, that ‘The suspension of premises licence was necessary in this case until such time that a decision made under section 53C at the Summary Review Hearing is made; or that a decision made under Section 53C at the Summary has been appealed and that appeal has been disposed of.’

Prior to this Representations Hearing the Sub-Committee had considered the Licensing Officers Report which contained copies of the following:

·  A copy of the application as made by WYP on 7^th December 2009 and relevant Certificate signed by Chief Superintendent M Milsom as a senior member of the WYP stating his opinion that the premises were associated with serious crime;

·  A copy of the decision letter following the Interim Steps Hearing dated 8 December 2009

·  A copy of the existing Premises Licence

·  A copy of the representation received from the PLH dated 9 December 2009

·  A copy of a Prohibition Notice served by West Yorkshire Fire and Rescue Authority (WYFRA) served 8 December 2009.

The Sub-Committee considered preliminary matters of a purely procedural nature. The Sub-Committee set the procedure for the Representations Hearing having regard to the accepted procedure for Review Hearings. Members set a time limit of 15 minutes for submissions.

The Sub-Committee also considered if the public should be excluded from any parts of the hearing and decided to exclude the public from that part of the hearing where Members would deliberate on submissions and evidence presented. This would allow them to have a full and frank discussion on all matters put before them and this fact outweighed the public interest in not doing so.

In considering the Representations, the Sub-Committee took into account the written submissions contained within the Licensing Officer’s Report plus the verbal submissions made at the hearing by all parties.

The Sub-Committee also had regard to the provisions of the Licensing Act 2003, as amended through the Violent Crime Reduction Act 2006 and the Guidance on expedited/summary licence reviews issued by the DCMS. Members were also familiar with the Council’s own Licensing Policy; in particular Section 13 (Enforcement and Reviews) and Section 11 of the DCMS Statutory Guidance (Reviews).

The Sub-Committee firstly considered the representations made by Mr Thompson on behalf of the PLH and from Mr Cairney the Designated Premises Supervisor

Mr Thompson suggested WYP had not satisfied the grounds required for a  ...  view the full minutes text for item 4.