Agenda and minutes

Licensing Sub-Committee - Monday, 9th December, 2013 10.00 am

Venue: Civic Hall, Leeds

Contact: Helen Gray  Copies of the full report with appendices are available on request from the clerk. For details of the new premises licence please contact Entertainment Licensing on 0113 2474095 after the hearing.

Items
No. Item

127.

Election of the Chair

Minutes:

 

RESOLVED- That Councillor Wilkinson be elected Chair for the duration of the meeting.

 

128.

Appeals Against Refusal of Inspection of Documents

To consider any appeals in accordance with Procedure Rule 15.2 of the Access to Information Procedure Rules (in the event of an Appeal the press and public will be excluded)

 

(*In accordance with Procedure Rule 15.2, written notice of an appeal must be received by the Head of Governance Services at least 24 hours before the meeting)

 

Minutes:

 

There were no appeals against the refusal of inspection of documents.

 

129.

Exempt Information - Possible Exclusion of the Press and Public

 

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.

Minutes:

 

There were no exempt items.

 

130.

Late Items

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)

 

Minutes:

 

The Temporary Event Notice for Beat Bar was admitted to the agenda of the Licensing Sub Committee as a late item in order that the matter could be determined at the earliest opportunity (minute 6 refers).

 

There was no formal late item for The Mezz Club Review, however there was additional information circulated to all parties on the morning of the hearing.

 

There was one objection raised in relation to the additional information. Members briefly adjourned and sought legal advice and then allowed the information to be present at the hearing.

 

131.

Declarations of Disclosable Pecuniary Interests

To disclose or draw attention to any disclosable pecuniary interests for the purposes of Section 31 of the Localism Act 2011 and paragraphs 13-16 of the Members’ Code of Conduct.

 

Minutes:

 

There were no declarations of disclosable pecuniary or other interests.

 

132.

Temporary Event Notice for Beat Bar 66 Merrion Street, Leeds, LS2 8LW pdf icon PDF 45 KB

To consider a report by the Head of Licensing and Registration which sets out details of two temporary event notices for the Beat Bar, 66 Merrion Street, Leeds 2 where West Yorkshire Police have served an objection notice to both applications.

 

(Report attached)

Additional documents:

Minutes:

 

Members of the Licensing Sub Committee were advised that two temporary event notice (TEN’s) applications had been received and that West Yorkshire Police had served an objection notice to both applications on the grounds of crime and disorder.

 

Members of the Licensing Sub Committee were asked to consider the TEN’s and the objection notice.

 

An application for two TEN’s were submitted by the premise user and received by the Licensing Department on the 25th November 2013.

 

The TEN’s were to request an increase of the hours on the normal licence as follows:

 

From 14th December 23:00 to 05:00 hours on the 15th December 2013

 

·Sale by retail of Alcohol

·Regulated Entertainment

·Late Night Refreshment

 

From 26th December 23:00 to 06:00 on the 27th December 2013

 

·Sale by retail of alcohol

·Regulated Entertainment

·Late Night Refreshment

 

The application had received an objection from West Yorkshire Police. Mr David Ashley Robinson (The Premise User) did not attend the hearing.

 

PC Arkle from West Yorkshire Police informed members of the Licensing Sub Committee that she had checked the record on being informed of the TEN’s application and found the premises to be in a Cumulative Impact Area with strict conditions on the existing licence imposed due to the location being a crime hotspot area.

 

Members of the Licensing Sub Committee were told that since Beat Bar has been operating, there have been several Police visits to the venue and it was found that they were in breach of the conditions imposed on them.

 

West Yorkshire Police were not confident that Beat Bar could manage the hours that they currently operate at, that they were not compliant with the dispersal order, and have concerns with outside drinking and the door staff company that is used.

 

RESOLVED- That a Counter Service Notice be served and the Temporary Event Notice refused.

 

133.

Application for the review of the Premises Licence held by The Mezz Club, Unit 2, Waterloo House, Assembly Street, Leeds, LS2 7DE pdf icon PDF 45 KB

To consider the report of the Head of Licensing and Registration on an application for the review of a Premises Licence under Section 51 of the Licensing Act 2003, sought by West Yorkshire Police in respect of The

Mezz Club, Unit 2, Waterloo House, Assembly Street, Leeds, LS2 7DE.

 

The licensing authority is now under a duty to review the premises licence held by these premises.

 

Additional documents:

Minutes:

 

Members of the Licensing Sub Committee were asked to consider the report of the Head of Licensing and Registration on an application for the review of a Premises Licence under Section 51 of the Licensing Act 2003, sought by West Yorkshire Police in respect of The Mezz Club, Unit 2, Waterloo House, Assembly Street, Leeds, LS2 7DE.

 

West Yorkshire Police had requested a review of the Premises Licence centred principally on Crime and Disorder and Public Safety, which are linked to highly inappropriate and sexually suggestive advertising campaigns used by Tequila UK and endorsed by the Designated Premises Supervisor (DPS).

 

Sgt Fullilove from West Yorkshire Police outlined evidence, through  promotion approved by the management, that young males are being encouraged to engage in violent sexual acts against females, that overtly sexually themed events take place at the premises as well as the free pouring of alcohol from bottles directly in to other’s mouths.

 

Sgt Fullilove was accompanied by Sgt D. Shaw, PC Arkle, Mr B. Patterson, and Mr G Aktrigg who had supplied a witness statement (Appendix D) and was an ex-employee at The Mezz Club.

 

Members of the Licensing Sub Committee were shown video footage that was marketed and produced inside and outside of The Mezz Club at a Tequila UK ‘Fresher’s Violation’ night. Sgt Fullilove asked members to look at the ‘state of intoxication’ and to listen to the language in the film which was of a sexual nature and innuendo. He also pointed out sexual references referring to ‘jailbait, cages, violation’ as well as the free pouring of alcohol. 

 

The footage was released to the public and was widely viewed before it was taken down. Sgt Fullilove reported that he had started a criminal investigation when the footage was released, but that there was no evidence to proceed with a charge.

 

The Licensing Sub Committee heard from the Licensing Authority who was represented by Mr S. Kennedy and Mr W. Malachi.

 

Mr Kennedy told members that promoters must not use shocking imagery, violence, anti-social behaviour, intoxication and free pouring of alcohol, and that the statutory licensing objectives were being undermined. Mr Kennedy commented on the video footage that was shown and said it to be irresponsible in the way that it degrades women, condones violence of a sexual nature and promotes excessive drinking.

 

Mr Malachi undertook an internet search investigation and found that access to Tequila UK’s website was unrestricted and open to the public, including under 18’s. Activities that could be viewed at the time of his search included the free pouring of alcohol, full nudity, excessive alcohol consumption and profanity.

 

Mr Malachi and Mr Kennedy alluded that there was a lack of responsible management and that the statutory licensing objectives were being undermined and that the Premises Licence granted to Shalport Limited for the Mezz Club should be revoked. 

 

The Licensing Sub Committee heard from Miss E. Friend who had submitted an objection and was at the meeting to speak on behalf of the Leeds  ...  view the full minutes text for item 133.