Agenda and minutes

RESOLVED – Councillor Feldman was elected Chair for 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.

The Sub Committee dealt with a procedural matter raised by West Yorkshire Police at this point relating to the status of the meeting. All parties present noted that all of the information contained within the agenda was available to the public. West Yorkshire Police informed the Sub Committee that verbal submissions to be made in support of their application were of a sensitive nature and therefore sought to exclude the public during that part of the submission. Members noted that no members of the pubic were present but having regard to the public interest test and in accordance with regulation 14 (2) of The Licensing Act 2003 (Hearings) Regulations 2005, agreed that any members of the public who wished to observe the hearing would be excluded from that part of the hearing where the submissions were made.

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. All parties were however in receipt of additional information submitted by West Yorkshire Police after the despatch of 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 on an application made under Section 51 of Licensing Act 2033 for the Review of a Premises Licence held at Woodview, Seacroft Leeds LS14. West Yorkshire Police have made the application, necessitating a Review

(Report attached)

The Sub-Committee considered an application made by West Yorkshire Police under section 51 of the Licensing Act 2003 for the Review of a Premises Licence held at the premises known as “Woodview” a sheltered housing/continuing care complex.

The following were present at the hearing:

The Sub-Committee first considered representations from WYP who described the licensed bar provision within Woodview and provided the licensed history of the premises, including details of events leading up to the Review application. WYP reported that between April 2008 and October 2009 the licensed bar within the residential home had been managed by someone who had not been authorised by the Licensing Authority to sell alcohol. Anchor had not checked this when the deception began and only acted when WYP brought it to their attention. The present Designated Premises Supervisor (DPS) – Mr D Richardson - managed the licensed facility as a pub which attracted non residents from the locality who were known to the police. WYP described the anti social behaviour and reports of incidents associated with the bar. WYP also detailed the difficulties that Police Officers, residents and staff of Woodview encountered when trying to engage with the DPS. It was reported that Mr Richardson did not attend Pubwatch meetings and that there were ongoing issues with the installation of an adequate CCTV system at the licensed premises. WYP commented that the bar did not only cater for residents which had led to more recent concerns over safeguarding issues.

WYP highlighted failings in the day to day management of the bar and identified serious failings in the relationship between the Premises Licence Holder (PLH) - Anchor - and the DPS. 

WYP suggested that these issues were a contributing factor to the levels of drunken and anti social behaviour amongst non residents associated with the bar. WYP reiterated the presence of the bar within this residential complex under the current management regime undermined all of the licensing objectives. WYP acknowledged that at commencement of the Review process, WYP had sought the removal of the DPS and the imposition of additional conditions on the Premises Licence. However WYP were now not convinced that these measures would be sufficient to deter non residents seeking to gain entry to the bar and were not satisfied there were sufficient management controls in place to control the security of the facility or support any new DPS. WYP therefore believed that revocation of the licence was the only proportionate measure to uphold the licensing objectives and protect the residents.

The Sub Committee then heard from Mr Sharman on behalf of the PLH who responded to the submissions of WYP in detail. He confirmed that the previous manager had operated the bar facility without the necessary authority and acknowledged the breakdown in communication between Anchor Housing and the current  ...  view the full minutes text for item 42.