Agenda and minutes

RESOLVED – Councillor C Townsley was elected Chair for the duration of the meeting

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)

No formal late items of business were added to the agenda. The Sub Committee were in receipt of supplementary information in relation to Item 8 “Lister Fisheries” as follows:-

• letter of representation dated 24^th May 2010 from West Yorkshire Police setting out their objection to the application. This document had been submitted in time but omitted from the report on the application in error.
• additional letter of representation dated 14 June 2010 from Licence Trade Consultants submitted on behalf of the applicant

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

There were no declarations of interest.

To consider the report of the Assistant Chief Executive (Corporate Governance) on an application for the grant of a Premises Licence in respect of Garforth Town Football Club, Garforth

(Report attached)

This application was withdrawn from the agenda prior to the meeting as the applicants and all interested parties had reached agreements on measures suggested in order to promote the licensing objectives of the city. The Premise Licence will therefore be issued by the Licensing Officer in accordance with the agreed conditions.

To consider the report of the Assistant Chief Executive (Corporate Governance) on an application for the variation of an existing Premises Licence in respect of the premises to be known as “Hedley Verity”, Leeds LS1

(Report attached)

This application was withdrawn from the agenda prior to the meeting as the applicants and all interested parties had reached agreements on measures suggested in order to promote the licensing objectives of the city. The Premise Licence will therefore be issued by the Licensing Officer in accordance with the agreed conditions.

To consider the report of the Assistant Chief Executive (Corporate Governance) on an application for the variation of an existing Premises Licence in respect of the premises trading as “Lister Fisheries”, Headingley

(Report attached)

The Sub-Committee, having regard to the Licensing Act 2003, the Statement of Licensing Policy and the Statutory Guidance, considered the application and the written submissions before them relating to an application to vary the existing Premises Licence held at “Lister Fisheries”, 56 North Lane, Headingley.

Representations had been submitted by West Yorkshire Police (WYP) which had been omitted in error from the report, but had been despatched to the applicant in good time. The documents were tabled to Members and were considered at the hearing. Members had also received an additional letter from the applicant prior to the hearing regarding the representations within the licensing officers’ report.

Letters of representation had also been received from the following members of the public – Mr M Cook; Mr B Unsworth; Mr & Mrs Cockerham and Mrs A Beaumont. None of the local residents attended the hearing and the Sub Committee resolved to proceed in their absence. Local ward Councillor J Monaghan also submitted a letter of representation and did attend the hearing.

The Sub-Committee firstly considered a representation from the applicant seeking the removal of the letters received from Mr Cook and Mr & Mrs Cockerham from consideration at the hearing. The request was based on the distance of the resident’s address to the premises. The applicant also sought removal of Councillor Monaghan’s written submission and therefore his right to speak at the hearing. This request was based on his general comments on links between noise nuisance and take-away’s. The applicant referred Members to the findings of the planning inspectorate on this matter and the fact that no representation had been received from LCC Environmental Protection team. The Sub Committee received legal advice and determined to exclude the representations from Mr Cook and Mr & Mrs Cockerham, but to proceed with the representation from Councillor Monaghan as the representation was valid. The question of what weight would be given to his representation was a matter for the Sub Committee to determine in due course.

Members then considered the applicants’ representation seeking removal of the submission from WYP. This request was based on the fact that WYP letter referred to the application as a new Premises Licence, and not a variation; however the applicant confirmed they would not pursue this request.

The Sub Committee noted the applicant; Mr M Quadeer was not in attendance and sought to clarify the status of those in attendance on his behalf. The applicant was represented by Mr Maguire of Licence Trade Consultants who was accompanied by Mr M Bashir and Councillor M Iqbal. It was determined that Mr Bashir was the applicants’ father and Councillor Iqbal would attend only to act as interpreter for Mr Bashir.

The Sub Committee then moved onto the hearing proper and heard from Mr B Patterson on behalf of WYP who referred Members to Cumulative Impact Policy (2) which covered Headingley and had been amended in 2007 to include variations of hours at hot food take-aways such as this premises in order to address problems  ...  view the full minutes text for item 21.

To consider the report of the Assistant Chief Executive (Corporate Governance) on an application for the variation of an existing Premises Licence in respect of the premises trading as “Trax”, Chapeltown.

(Report attached)

The Sub-Committee, having regard to the Licensing Act 2003, the Statement of Licensing Policy and the Statutory Guidance, considered the application and the written submissions before them relating to an application to vary the existing Premises Licence held at “Trax”, 148 Chapeltown Road, Leeds LS7.

Representations had been submitted by West Yorkshire Police (WYP) and LCC Environmental Protection Team (LCC EPT).

The Sub-Committee firstly considered legal advice regarding the hearing procedure as this application contained three elements for consideration. The Sub Committee agreed to vary normal procedure in order to consider the requests to extend the opening/licensable hours and the provision of an outside area first. Once that decision had been reached Members would deal with that part of the application seeking to remove and or replace embedded restrictions.

The Sub Committee then heard from Mr B Patterson and PC L Dobson on behalf of WYP who outlined the recent history of crime and disorder associated with the premises and the background to the serving of a Section 19 Closure Notice at the premises. That Notice had now been lifted however the measures contained within the Action Plan remained in place. WYP expressed deep concern over the impact the extension of hours requested and the provision of an outside drinking area would have on local residents and the possibility of further disturbance and/or disorder later into the night. Mr Patterson highlighted that the grant of this application would provide this premises with the longest opening hours in the locality.

Mr Patterson stated the applicant had not been able to identify an area within the site boundary for the external drinking area which would be acceptable to WYP. PC Dobson reiterated that the severe nature of the crimes associated with this premise had triggered the representation from WYP.

Mr B Kenny then addressed the Sub Committee on behalf of LCC EPT, highlighting the residential nature of the surrounding area and a number of complaints received from residents about noise emanating from the premises. He stated that LCC EPT were opposed to the use of any external area for drinking at this premises as noise could not be controlled outside the building and were opposed to any extension of hours as this would lead to an increase in noise and disturbance for local residents.

The Sub Committee then heard the representation from Mr Maguire on behalf of the applicant. He was accompanied by Mr E Ferguson.

Mr Maguire outlined the recent meetings he had attended with the Responsible Authorities on behalf of the applicant. Mr Ferguson confirmed measures had been taken to address the concerns raised at the time the S19 Closure Order was implemented. Mr Ferguson acknowledged that groups did congregate outside the premises but stated it was hard to control this. He addressed the history of the noise complaints made by local residents during 2008/09 and explained the background to the request for an external drinking area which he stated would be to the front of the premises, covered by  ...  view the full minutes text for item 22.