Agenda and minutes

RESOLVED - Councillor S Armitage was elected Chair 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 however supplementary information had been supplied in relation to Agenda item 9 – Europa shop. As documents submitted by West Yorkshire Police in support of their representation had been omitted from the report. These were despatched to all parties prior to the hearing. (minute 171 refers)

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 Premise Licence in respect of premises trading as a restaurant/take away at Haddon Hall, Burley. This matter was previously adjourned from a hearing on 6^th December 2010

(Report attached)

The Sub-Committee, having regard to the Licensing Act 2003, the Section 182 Guidance and the Authority’s own Statement of Licensing Policy considered an application for the grant of a Premises Licence for ground floor premises within the former Haddon Hall public house, Burley intended to operate as a restaurant/take-away.

Representations had been received from West Yorkshire Police (WYP); several local residents and local ward Councillor J Illingworth. Not all the local residents attended the hearing and the Sub Committee resolved to consider their written representations and proceed in their absence. Present at the hearing were Mr B Patterson & Mrs D Town (WYP) and Councillor J Illingworth (Kirkstall ward)

Members noted the applicant was not in attendance and that he had not attended a previous hearing on 10^th December 2010 when determination of the application had been adjourned to this date. The Sub Committee decided to proceed with the hearing in his absence. It was reported that the applicant had not contacted the Entertainment Licensing Section or any agency since the previous hearing but had been provided with papers by his solicitor and the Clerk to the Sub Committee.

The Sub Committee heard first from Councillor Illingworth who described the residential nature of the locality and local residents concerns over the potential for noise and disturbance caused by the operation of the premises, customers and people congregating. He reported that a Costcutter supermarket operated from the same site from 06:00 hours and residents had expressed concern about adding a late night operation which would have a detrimental effect on residents’ ability to sleep. Councillor Illingworth also referred to residents experience of anti social behaviour associated with the previous use of the premises as a public house and their concern the new operation might also attract this type of behaviour.

Mr Patterson then addressed the hearing on behalf of WYP. He outlined WYP main concern as being the character of the applicant which he stated undermined all of the licensing objectives, as demonstrated by previous history.

The Sub Committee carefully considered the written and verbal representations submitted. Members acknowledged the concerns about potential noise problems but also noted the licensing history of the site and that this was an application for a licence to operate as a restaurant licence and not a late night drinking venue.

However, the Sub Committee had particular regard to the submission of WYP and felt that the antecedents of the applicant were such that the Licensing Authority could not be satisfied that he would fulfil his responsibilities under the Licensing Act 2003. As such granting the licence would not promote the four licensing objectives under the Act.

RESOLVED – That the application be rejected

To consider the report of the Assistant Chief Executive (Corporate Governance) on an application to vary an existing Premise Licence held at the Starlight Bar, Shaftesbury Parade, Harehills

(Report attached)

The Sub-Committee, having regard to the Licensing Act 2003, the Section 182 Guidance and the Authority’s own Statement of Licensing Policy considered an application to vary an existing Premises Licence held at the Starlight Bar, Harehills.

Representations had been received from West Yorkshire Police (WYP); LCC Environmental Protection Team (LCC EPT) and several local residents. Not all the local residents attended the hearing and the Sub Committee resolved to consider their written representations and proceed in their absence. Present at the hearing were:

PC L Dobson & Mrs D Town (WYP)

Mr B Kenny (LCC EPT)

Mr N Khan – the applicant

Mr A Flynn – former Designated Premises Supervisor

Mr D Coll; Mr D Cracknell and Mr D Orange – local residents

Councillor R Brett – Burmantofts & Richmond Hill ward

Councillor R Grahame - Burmantofts & Richmond Hill ward (observing)

The Sub Committee heard first from PC L Dobson (WYP) who referred to problems historically associated with the premises and a number of recent matters including the occasions when noise break out had been witnessed; the intelligence which suggested the premises operated past their existing permitted hours and the possible involvement of other third parties in the running of the premises. WYP urged the Sub Committee to reject the application.

Mr B Kenny (LCC EPT) then addressed the hearing and explained that the premises were housed in an acoustically weak building with a large potential for noise problems as there was no air conditioning, requiring windows to be opened during warmer months, windows were only single glazed and there was a vent in the roof. LCC EPT felt that extensive and expensive acoustic treatment was required for this particular premises to operate with any problems or complaints but noted that the applicant had not proposed any measures to mitigate against noise break out.

The building was within a residential area and local residents had submitted complaints regarding noise, including 21 November 2010 at 01:00 hours during the operation of a Temporary Event Notice. Mr Kenny also had concern over the request for provision of live music which he stated was more difficult to control than the existing recorded music. Additionally, the premises had no car park and it was likely that residents would be disturbed by patrons parking in surrounding streets.

The Sub Committee then heard from local ward Councillor Brett on behalf of local residents who expressed concern over the later hours requested and the likelihood of increased noise and disturbance to local residents associated with patrons visiting the premises, smoking outside and congregating. He highlighted the impact of on-street parking in the adjacent residential streets particularly as the site opposite the premises was earmarked for a sheltered housing development. Local residents spoke in support of earlier comments and highlighted historical crime and disorder problems associated with the site which they felt could return if this application was granted. 

The Sub Committee then head from Mr Khan, the applicant who explained that he had limited experience within the licensing trade.  ...  view the full minutes text for item 170.

To consider the report of the Assistant Chief Executive (Corporate Governance) on an application for the grant of a Premise Licence in respect of premises trading as Europa Shop, 344A Dewsbury Road, Hunslet, Leeds, LS11 7DJ

(Report attached)

The Sub-Committee, having regard to the Licensing Act 2003, the Section 182 Guidance and the Authority’s own Statement of Licensing Policy considered an application for the grant of a Premises Licence for premises trading as Europa Shop, 344a Dewsbury Road, Hunslet.

Representations had been received from West Yorkshire Police (WYP);. Present at the hearing were:

PC C Arkle; Mr B Patterson and Mrs D Town (WYP)

Mr A Joodakey  – the applicant

The Sub Committee heard from PC C Arkle (WYP) who outlined the unusual nature of the representation and called Mr Stephen Kilroy of Her Majesties Revenue and Customs Service as a witness.

Mr Kilroy outlined the number of occasions that HMRCS had visited the Europa shop and the nature; quantity and value of smuggled tobacco seized at the premises. Mr Kilroy referred to photographs within the written submission which highlighted the concealment of the cigarettes/tobacco on the premises and the sophisticated nature of the operation. He also reported on one occasion when smuggled cigarettes were seized from Mr Joodakeys’ van outside the premises. Mr Kilroy stated that Mr Joodakey had been warned on each occasion of the potential for prosecution and it was his professional opinion that, given the applicants history of the sale of smuggled tobacco, it was likely that the applicant would sell smuggled alcohol from the premises, should this application be granted.

Mr Patterson (WYP) then clarified the difference between a premises licence and a personal licence and the impact any future prosecution would have should this application be granted. The Legal Advisor to the Sub Committee highlighted the relevant Section within the Guidance which indicated that the smuggling of alcohol or tobacco were particularly serious matters in relation to criminal activity at licensed premises.

The Sub Committee then heard from Mr Joodakey, the applicant, who responded by stating that he and his business partner had stopped being involved in the smuggled tobacco trade. He stated that he had not been particularly involved in the operation, rather it had been his business partner. He assured the Sub Committee that no further offences would occur.

During questions from the Sub Committee, Mr Joodkey confirmed the Europa Shop was now managed by his business partner. He made this Premises Licence application in preparation for the sale of the Europa shop business to his business partner. He no longer managed the shop, rather he held a premises licences for another off-licence business on Beeston Road.

The Sub Committee carefully considered the written and verbal representations before them and found that the applicant had been involved in smuggling large quantities of tobacco for sale. HMRCS had seized tobacco from the applicants’ vehicle in March 2010; and despite a warning being issued; large numbers of products were subsequently seized from the Europa shop premises itself up to 27 October 2010. 

Members noted the Guidance on such matters and regarded the smuggling of alcohol and tobacco as a very serious matter. Members felt there were legitimate concerns as alcohol  ...  view the full minutes text for item 171.

To consider the report of the Assistant Chief Executive (Corporate Governance) on an application for the grant of a Premise Licence in respect of premises trading as “Unit 5A” situated at 5A Moor Allerton Centre, King Lane, Moortown, Leeds, LS17 5NY

(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 to vary a Premises Licence in respect of Universal Pizza/Jackie Chan’s in order to specify Mr Nasser Hussain and Mr Hussain Shah Hout as the Licence Holder

(Report attached)

PLEASE NOTE: Appendices A and B of the report are regarded as exempt under Regulation 14 of the Licensing Act 2003 Hearings regulations 2005.

This item was adjourned prior to the hearing to 31^st January 2011 with the agreement of all parties