Agenda and minutes

RESOLVED – Councillor R D Feldman was elected Chair for the duration of the meeting

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.

RESOLVED – That the public be excluded from the meeting during consideration of that part of the agenda designated as 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 public were present there would be disclosure to them of exempt information so designated as follows:-

(a)  Appendix B to the report referred to in minute 5 both in terms of Regulation 14 of the Licensing Act 2003 (Hearing Regulations 2005) and the Licensing Procedure Rules, and on the grounds that it is not in the public interest to disclose this information at this point in time as information could be discussed which could undermine any future legal action intended to be taken and could jeopardise that case.

(b)  To note that the press and public will also be excluded from that part of the hearing where Members deliberate the application as it is in the public interest to allow the Members to have full and frank debate on the matter , as allowed under the provisions of the Licensing Procedure Rules

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 for deliberation; however the Sub Committee had received an amended version of the officer’s report prior to the hearing which corrected an administrative error. A site location map was also tabled at the hearing for reference.

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 under section 53A of the Licensing Act 2003 for the Summary  Review of the  Premises Licence in respect of “Streets of Leeds” Street Lane, Roundhay, Leeds, LS8 1BW.

(Report attached)

The Sub Committee, having regard to the Licensing Act 2003, the Section 182 Guidance and the Council’s own Statement of Licensing Policy, considered an application made under the provisions of Section 53A of the Licensing Act 2003 by West Yorkshire Police (WYP) seeking a Summary Review of the Premises Licence currently held at the Streets of Leeds Public House, Street Lane, Roundhay, Leeds LS8.

It was noted that Appendix B to the report was marked as exempt information both in terms of Regulation 14 of the Licensing Act 2003 (Hearing Regulations 2005) and the Licensing Procedure Rules.

The application, having been made on 21^st June 2010 set out that, in the opinion of WYP, the premises were associated with serious crime and/or serious disorder. This necessitated the Interim Review Hearing being held within 48 hours of that application to determine whether any action should be taken by the Local Licensing Authority immediately. A full Summary Review Hearing would be held in due course.

The Licensing Officer’s report contained a copy of the application as made by WYP. An appendix of exempt information (as designated under Regulation 14 of the Licensing Act 2003 (Hearings Regulations 2005)) was included. No members of the public were present at the hearing. The report set out the interim steps the Sub Committee could consider:

·  Modification of the conditions of the Premises Licence

·  The exclusion of the sale of alcohol by retail from the scope of the Premises Licence

·  The removal of the Designated Premises Supervisor from the Premises Licence

·  The suspension of the Premises Licence

Members were advised that any steps they wished to take must be necessary to address the immediate problems at the premises identified by WYP and in particular any steps that would address the likelihood of serious crime and/or serious disorder at the premises.

The Sub Committee first considered the representation made by Miss M Falciano-Padron on behalf of WYP who introduced the case. She was accompanied by PC L Dobson and Sgt R Fullilove (observing).

PC Dobson outlined the facts of a criminal case being brought against two persons, one of whom the police believed was associated with the premises; and due to the nature of that persons’ relationship with the DPS at the premises, the police questioned whether the DPS could successfully prevent further serious crime at the premises. An incident on 24 May 2010 had led to the premises being searched by police and a quantity of drugs had been found within the living accommodation within the premises.

The Police also provided details of meetings held between themselves and the PLH since that date and expressed the opinion that the PLH was reluctant to accept the findings were a serious problem for the premises. WYP requested the Sub Committee consider the suspension of the Premises Licence as they believed this was the only appropriate course of action.

It was also reported the premises had recently failed two test purchases undertaken by youth volunteers for a West  ...  view the full minutes text for item 27.