Agenda and minutes

Councillor Feldman was elected Chair 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)  Appendices A and B of the report referred to in Minute 122 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 the contents as the report contains information relating to an individual and that person would not reasonably expect their personal information or discussions thereon to be in the public domain.

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 the meeting, however the Sub Committee received additional information prior to the meeting in respect of Agenda item 6 (Minute 122 refers), comprising:

·  a revised copy of the letter from Leeds City Council Environmental Protection Team;

·  letters of support and a petition submitted by the applicant, which were referred to and tabled on the day of the initial hearing held on 26^th September 2011.

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

Councillor Dunn declared a personal interest in agenda item 7 (Minute 122 refers) as his wife is a distant relative of the applicant.

To consider the report of the Head of Licensing and Registration on an application received to vary an existing premise licence in respect of “High Farm”, Farrar Lane, Adel, Leeds, LS16 7QA. This matter was adjourned from a hearing on 26 September 2011

(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 in respect of the High Farm, Farrar Lane, Adel, Leeds, LS16 7AQ.

The hearing had been adjourned from an earlier meeting held on 26^th September 2011 to allow all parties to have a further discussion and try to reach agreement with regard to a closing time earlier than the requested 02:00 hours, or for activities to take place on Saturday nights only rather than Fridays and Saturdays.

Representations had been submitted by local residents and local ward Councillors. Not all of the local residents attended the hearing and the Sub-Committee resolved to consider their written representations and proceed in their absence. The hearing was attended by the following: 

   Ms Christina Groves - the applicant

Councillor Anderson – Adel and Wharfedale ward Councillor

Councillor Bentley – Weetwood ward Councillor

Mr M Brain; Mr B King; Mr P Brewer and Mrs L Brewer – local residents.

A representation had also been submitted by LCC Environmental Protection Team, however the measures proposed had been agreed by the applicant and the representation subsequently withdrawn on the understanding that those measures would appear on the Premise Licence as conditions should the application be granted.

The Sub-Committee first heard from Ms Groves who explained that a meeting had been held with residents at the premises on 11^th October 2011. She had offered a number of alternative options, including closing at 01:30 on a Friday and Saturday, only opening until 02:00 on a Saturday, or only opening the function room until 02:00 on a Friday and Saturday, however none had been agreed and the residents had requested the use of Temporary Event Notices (TENs) instead. Ms Groves explained that she didn’t want to use TENs as this would prevent being able to hold a function at short notice.

During questions from the Sub-Committee, it was confirmed that the request to add one hour to the finish time of all licensable activities on the commencement of British Summertime had been included in error, and was therefore agreed that it would be removed. Ms Groves also confirmed that she would be happy not to extend the hours for the exhibition of films and indoor sporting events, and she would be happy for performances of live music to finish at 0:00 hours on a Friday and Saturday.

Members then heard from Councillor Anderson who explained that his residents’ main concerns were that the premises is close to older peoples’ accommodation, and the noise which would be caused by cars and taxis which would be more noticeable in the early hours of the morning. There were also concerns in relation to the noise from the smoking area. Councillor Anderson acknowledged that Ms Groves had been successful in improving High Farm, but was concerned that issues may reoccur if another Designated Premises Supervisor was appointed. The residents had requested that  ...  view the full minutes text for item 121.

To consider the report of the Head of Licensing and Registration on an application for the grant of a Personal Licence in respect of Mr R Hainsworth

(Report attached)

PLEASE NOTE: Appendices A & B of the report is regarded as confidential under the provisions of Regulation 14 of the Licensing Act 2003 Hearings Regulations 2005 (SI 44 2005)

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 for the grant of a Personal Licence in respect of Mr R Hainsworth.

West Yorkshire Police (WYP) had submitted representations which necessitated a hearing. All of the hearing was conducted in private due to the nature of business to be discussed and the evidence before the Sub-Committee.

Mr Hammond (Mr Hainsworth’s solicitor) addressed the Sub-Committee and provided details of Mr Hainsworth’s background. He went on to explain why he believed granting Mr Hainsworth a personal licence would not undermine the licensing objective of the prevention of crime and disorder.

PC Dobson attended the hearing on behalf of WYP. PC Dobson provided an overview of the concerns held by WYP regarding Mr Hainsworth.

Mr Hainsworth was in attendance at the hearing and addressed the matters raised by WYP and answered queries from the Sub-Committee.

The Sub Committee carefully considered the documents before them and the verbal submissions made at the hearing. Members shared the concerns of WYP, however they were also persuaded by Mr Hainsworth’s case and agreed that he deserved a chance to prove that he could be a responsible licence holder.

  RESOLVED – To grant the application.