Agenda and minutes

To seek nominations for the election for the position of Chair.

RESOLVED – That Councillor Wray be elected as Chair for the duration of the meeting.

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 and Scrutiny Support at least 24 hours before the meeting)

There were no appeals against refusal of inspection of documents.

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.

Members were informed that Agenda Item 7 – Review of premises licence for Fountain Food and Wine, 1 Fountain Street, Morley LS27 9AA, contained exempt items under the Access to Procedure Rules 10.4.1 and 10.4.2.

RESOLVED – That the press and the 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 a disclosure to them of exempt information. 

There were no late items.

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.

There were no declarations of disclosable pecuniary interests.

However, Cllr. Flynn declared an interest at the start of Agenda Item 7 - Fountain Food and Wine, 1 Fountain Street, Morley, Leeds, LS27 9AA. Cllr. Flynn declared that he is a member of the West Yorkshire Joint Services Committee which includes within its remit West Yorkshire Trading Standards. He confirmed he had no prior knowledge or involvement with the enforcement action relating to this premises.

The report of the Chief Officer requests Members consideration on an application for the grant of a premises licence, made by Tingley Athletic FC Ltd, for Tingley Athletic FC Ltd, The Crescent, Casson Avenue, East Ardsley, Wakefield, WF3 2EG. 

(Report attached)

The report of the Chief Officer Elections and Regulatory presented an application for the grant of a premises licence for Tingley Athletic FC Ltd, The Crescent, Casson Avenue, East Ardsley, Wakefield, WF3 2EG.

Members were informed that this application was originally heard on 12^th November 2019, but on that occasion neither the applicant nor any objector attended. Members therefore resolved to adjourn the meeting so that the applicant could attend and provide further information regarding the fundraising events during the football off-season. Member’s attention drawn to Appendix B a copy of the decision notice subsequent to the adjournment.

The premises currently trades as a football clubhouse and has done for 12 years. The purpose of the application is to allow the sale by retail of alcohol Friday to Monday 12:00 hours to 20:00 hours. It was the applicant’s view that this would allow people to socialise after football games.

Members noted that this application had attracted representations from other persons and West Yorkshire Police (WYP). Members were advised that the representation from WYP had now been withdrawn due to conditions being agreed.

The Licensing Authority had received seven individual letters of objection, all of which opposed this application on the grounds of public nuisance and crime and disorder. Redacted copies of the representations were attached to the submitted report at Appendix E. Members had read and noted the concerns raised within the representations.

In attendance at the meeting were:

·  Mr Daly – Chairman of the Tingley Athletic FC Ltd

·  Mr Walker a local resident

Mr Daly provided the Licensing Sub Committee with the following information:

·  The Club had requested numerous Temporary Event Notices (TEN’s) to cover the fundraising events that they have held;

·  The club is a charity run by volunteers and is reliant on fundraising events. The trustees were of the opinion that it would be better to have a premises licence rather than rely on a  personal licence and would be a safeguard setting out clearly defined conditions;

·  The trustees had raised concerns that on some occasions the TEN’s had been a waste of money as many of the events were held outdoors and were weather dependant. It was the view that if they had a premises licence should the weather be unsuitable for an event then the event could be moved to another week without having to rely on applying for another TEN;

·  The clubhouse does not have a bar and they do not wish Tingley FC to become a pub or a club;

·  The request for the premises licence to cover the whole ground was to allow for different pitches to be used for different events dependant on suitability of the pitch. It was not the intention of the club to have drinking all over the pitches;

·  The clubhouse is used as a polling station when necessary;

·  The pitches are an open site with people using them for dog walking and play areas. There have been incidents of anti-social behaviour and the club has  ...  view the full minutes text for item 6.

The report of the Chief Officer Elections and Regulatory informs Members that West Yorkshire Trading Standard Service has served on the Licensing Authority an application under Section 51 of the Licensing Act 2003, for a review of a premises licence in respect of Fountain Food and Wine, 1 Fountain Street, Morley, Leeds, LS27 9AA. 

(Report attached)

The report of the Chief Officer Elections and Regulatory informed Members that West Yorkshire Trading Standards Service had served on the Licensing Authority an application under Section 51 of the Licensing Act 2003, for a review of a premises licence in respect of Fountain Food and Wine, 1 Fountain Street, Morley, Leeds, LS27 9AA.

Members were advised that intelligence had been received by West Yorkshire Trading Standards which indicated that the business had been dealing in illegal tobacco. Numerous test purchases had been carried out as well as an inspection of the premises. During these visits illicit cigarettes and hand rolling tobacco were found.

Representation in support of the review had been received from Senior Liaison and Enforcement Officer of Leeds City Council Entertainment Licensing. A copy of this was appended to the report.

In attendance at the hearing were:

·  West Yorkshire Trading Standards

·  Entertainment Licensing Enforcement and Liaison

The respondent Mr Mahmood was not in attendance at the hearing and although Mr Mahmood had indicated that he would be attending he had not presented himself at the Civic Hall. Officers had tried to contact him but without success. All Members were in agreement that the hearing should proceed without Mr Mahmood.

The officer from West Yorkshire Trading Standards provided the following chronology of events which had led to this review hearing:

·  29/11/2018 – Test purchase where a packet of Mayfair cigarettes were bought for £4, this is well under the recommended price.

·  06/02/2019 – Test purchase of a sleeve of Red Fest cigarettes which is 10 packets of cigarettes costing £40 which is under the recommended price. This brand of cigarette has no legal market in the UK and would suggest that these cigarettes had been smuggled;

·  08/02/2019 an inspection had been carried out at the premises and 2580 illicit cigarettes had been recovered from the room above the premises Mr Mahmood had been given advice and made aware of his legal obligations;

·  14/02/2019 another test purchase where a packet of Richmond cigarettes were bought for £4;

·  On 01/08/2019 another test purchase took place and inspection of the premises. Officers found tobacco concealed in drinks fridges and behind stock on shelves at the back of the shop. On this day 5080 cigarettes and 52 packs of rolling tobacco were recovered;

·  3 inspections and numerous test purchases had been undertaken at these premises;

·  Packaging was not plain or carrying health warnings as is required by law.

Members noted that it was government strategy for the taxation of tobacco products as an incentive to stop smoking and that the sale of these illicit tobacco products undermines those who sell the product legally.

Members were also advised of Home Office Guidance with particular reference to paragraphs 11.27 and 11.28.

Members carefully considered all the information before them.

RESOLVED –Having considered the representations and evidence before it, and with regard to the Licensing Act 2003 and guidance the Licensing Sub-Committee resolved that the revocation of the premises licence was the proportionate response.

Having  ...  view the full minutes text for item 7.