Agenda and minutes

RESOLVED – That Councillor Hanley be 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 F of the report submitted by West Yorkshire Police (Minute 44 refers) under the provisions of Paragraph 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 documents as they pertain to an individual and that person would reasonably not expect their personal information or discussions to be in the public domain and there is reference to action taken or to be taken in connection with the prevention, investigation or prosecution of crime

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 all 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)

There were no formal late items of business to consider, however the Chair agreed to accept the following as supplementary information:-

• West Yorkshire Police – Updated Problem Profile: 12 Months Violent Crime and Theft Vicinity of Call Lane, Leeds – Appendix F – Exempt Document (Agenda Item 7 refers)(Minute 44 refers)

• Photographs of First Floor Restaurant: Brooklyn Bar (Agenda Item 7)(Minute 44 refers)

To disclose or draw attention to any disclosable pecuniary interests for the purposes of Section 31 of the Localism Act 2011 and paragraphs 13 -18 of the Members’ Code of Conduct.  Also to declare any other significant interests which the Member wishes to declare in the public interest, in accordance with paragraphs 19 -20 of the Members’ Code of Conduct.

There were no disclosable pecuniary and other interests declared at the meeting.

To consider the report of the Head of Licensing and Registration on an application to vary a premise licence for Bal News 434 Dewsbury Road, Hunslet, Leeds, LS11

(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 a premise licence for Bal News, 434 Dewsbury Road, Hunslet, Leeds, LS1 7LJ.

The application had received representation from a local Ward Councillor, a local community forum and two local residents.

A representation had also been submitted by West Yorkshire Police (WYP), however the measures proposed had been agreed by the applicant and the representation subsequently withdrawn.

The hearing was attended by the following:-

-  Mujahid Yousefzel, Applicant

-  Councillor A Gabriel, Beeston and Holbeck Ward Member

-  Ken Burton, Local resident

-  Sally Burton, Local resident

Mujahid Yousefzel addressed the Sub-Committee and, in summary, made the following points:-

• There was a demand for out of hours goods, including the sale of alcohol, for local people living in the community
• Details of staffing arrangements at the premises
• History of burglaries at the premises and the current safety and CCTV measures in place
• The view expressed that extended hours would not cause a noise nuisance for local residents and would help to reduce any anti-social behaviour and binge drinking in the area

Questions were then invited and the following points were raised:-

• Clarification of the nature of business
• Details of the security/safety protection measures at the premises
• Clarification if the sale of alcohol late at night would prevent the business from being burgled
• Clarification of the number of premises in the area who also sold alcohol
• Clarification of the timings in relation to the sale of alcohol in relation to the window hatch service
• Clarification of the policy of the business in relation to selling alcohol to those persons who were drunk

Councillor Angela Gabriel, Ken Burton and Sally Burton addressed the Sub-Committee and, in summary, made the following points:

• Concerns that the premises were selling alcohol before the licence was granted
• The area was mainly residential and extending the hours at this business would result in more noise and traffic nuisance and anti-social behaviour
• The problems of noise, including taxis visiting the business associated with the use of the window hatch service in the early hours of the morning which was causing distress to local residents
• Reference to recent dispersal orders issued by the police for alcohol use and that the area did not want a 24 hour alcohol service

Mujahid Yousefzel responded to the noise and window hatch service issues.

He informed the Sub-Committee that he welcomed the opportunity to work with local residents and would not breech the law.

The Sub-Committee then carefully considered all the written and verbal submissions and made the following decision:-

RESOLVED – That the application be granted, on a limited basis, for the sale of alcohol on a Friday and Saturday evening only until 2.00am, subject to the following two conditions:-

-  Two members of staff to be employed at the premises

-  No window hatch service after 23:00 hours

To consider the report of the Head of Licensing and Registration on an application to vary a premise licence in respect of Brooklyn Bar 50 Call Lane, Leeds, LS1.

(report attached)

PLEASE NOTE : Appendix F to the report is regarded as containing exempt information under the provisions of Paragraph 14 of the Licensing Act 2003 (Hearings Regulations 2005)

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 a premise licence for Brooklyn Bar, 50 Call Lane, Leeds, LS1 6DT.

Representation had been submitted by West Yorkshire Police (WYP).

Representation had also been submitted by LCC Environmental Protection Team, on the grounds that the application would undermine the prevention of public nuisance licensing objectives.

The hearing was attended by the following:-

-  Matthew Jones, Applicant

-  Brendon Warren, Brooklyn Bar representative

-  Bob Patterson, West Yorkshire Police

-  Brian Kenny, Environmental Protection Team

A copy of the following documents were circulated at the meeting as supplementary information:-

• West Yorkshire Police – Updated Problem Profile: 12 Months Violent Crime and Theft Vicinity of Call Lane, Leeds – Appendix F – Exempt Document

• Photographs of First Floor Restaurant: Brooklyn Bar

Matthew Jones and Brendon Warren addressed the Sub-Committee and, in summary, made the following points:-

• The history behind the operation of the premises
• The forced closure of the first floor restaurant after six months trading due to lack of custom
• The continuing financial concerns with regards to paying rates/business rent for the first floor of the building
• That the removal of the condition relating to the first floor would make the premises more appealing
• To acknowledge that food would be a condition of the amended application and that it would not impact on public nuisance or crime and disorder
• That extending the trading hours would ensure that the business was more commercially viable in today’s market
• To give assurances that they would not allow entry after 3.00am
• That the business had a good working relationship with the Licensing authority and the police

Questions were then invited and the following points were raised:-

• Clarification of the operating times of the Marshalling Scheme
• The concerns that there was a huge amount of crime and disorder coming from the premises
• Clarification of whether food would be available all hours
• Details of the amount paid in rates and business rent

Bob Pattison, West Yorkshire Police (WYP), addressed the Committee

and, in summary, made the following points:-

• Reference to the current conditions relating to the Cumulative Impact Policy (CIP) and the hotspots identified within the report
• The concerns that the hotspots on Call Lane had increased and as a result now required extra police resources
• The need for the applicant to demonstrate to the Sub-Committee that they have not been contributing to the current problems within the area
• The need for the Sub-Committee to consider imposing a condition regarding the proportionate number of covers to be maintained during the term of the licence

Brian Kenny, Environmental Protection Team, addressed the Sub-Committee and, in summary, made the following points:-

• The view that there was very little demand for food after 3.00am
• The removal of condition 21.3 would intensify the use of the premises making it an alcohol led establishment and likely to give rise to public  ...  view the full minutes text for item 44.