Agenda and minutes

Councillor Armitage was elected Chair for 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 Members had received additional representation from West Yorkshire Police and the applicants representative in respect of Lajkonik (minute 14 refers). A further copy of the report had also been despatched to replace the poor quality copy within the agenda.

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 Head of Licensing and Registration Service on an application for the grant of a Premises Licence in respect of the premises trading as “Lajkonik”, 319 Harehills Lane, Harehills, Leeds.

(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 a proposed continental food and delicatessen store with alcohol sales situated at 319 Harehills Lane, Harehills trading as “Lajkonik”.

Representations had been received from LCC Environmental Protection Team (LCC EPT) which included measures proposed to address the licensing objectives. Those measures had been agreed by the applicant prior to the hearing and LCC EPT had subsequently withdrawn the representation on the understanding the measures would be imposed on the premises licence, should it be granted.

Representations had also been received from one local resident who did not attend the hearing and from West Yorkshire Police (WYP). The Sub Committee resolved to consider the residents’ written representation in their absence and to proceed with the hearing. Mr R Tees-Edwards attended the hearing as an observer.

PC L Dobson made representation on behalf of WYP against the grant of the Licence. She stated that the applicant had not reached agreement with WYP prior to the hearing despite the statement within the applicant’s letter dated 16^th June 2011. The premises lay within a parade of businesses in a busy area. Furthermore, this applicant was linked to other premises on Harehills Lane that were known to WYP for their links to crime and the illegal importation of alcohol, cigarettes and tobacco into the UK. Some of those had unsuccessfully applied for premise licences in order to legitimise illegal activities.

The Sub Committee heard evidence of events at 319 Harehills Lane as recently as 10^th May 2011 when intelligence was received relating to the sale of illegally imported goods at the store. HMRC seized nearly three kilograms of mixed hand rolling tobacco where no duty had been paid which had been hidden in a freezer at the store.

PC Dobson then addressed the written representation submitted by the applicant on 16^th June 2011 and reiterated her belief that the applicant was involved in illegal activity and was seeking to legitimise the unlawful importing of goods to sell via a legitimate off licence. Members heard that on 10^th June 2011 HMRC Officers had seized 60 illicit cigarettes being sold over the counter at another licensed premises owned by the applicant in Halifax. To conclude, PC Dobson stated that the grant of this licence would undermine the licensing objective intended to prevent crime and disorder.

The Committee then heard representations from Mr Sina on behalf of the applicant who repeated his comments contained in his letter dated 16^th June 2011. Mr Sina described the good character of the applicant and stated he was now prepared to cease sale of alcohol at 21:00 hours in response to the local residents comments. The premises would close to the public at 23:00 hours. Furthermore, the applicant would adopt the conditions proposed by WYP as well as those measures contained within  ...  view the full minutes text for item 14.