Agenda and minutes

Licensing Sub-Committee - Tuesday, 27th September, 2022 10.00 am

Venue: Civic Hall, Leeds

Contact: Governance Services  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 378 5029 after the hearing.

Items
No. Item

1.

Election of the Chair

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

Minutes:

RESOLVED – To elect Councillor Ann Forsaith to the Chair for the duration of the meeting.

2.

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 and Scrutiny Support at least 24 hours before the meeting)

 

Minutes:

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

3.

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.

4.

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:

There were no formal late items. However, there was supplementary information in relation to Agenda Item 6 – Review of the premises licence for LOCAL, 4 Market Place, Pudsey, Leeds, LS28 7UA. This was circulated to all parties prior to the meeting.

5.

Declaration of Interests

To disclose or draw attention to any interests in accordance with Leeds City Council’s ‘Councillor Code of Conduct’.

Minutes:

No declarations of interest were made at the meeting.

6.

Certification of a Film – Lumumba, Death of a Prophet pdf icon PDF 87 KB

The report of the Chief Officer Elections and Regulatory advises the Licensing Sub Committee Members of an application for the certification of a film titled, ‘Lumumba, Death of a Prophet’. The screening is scheduled to take place on the 28th September 2022, at Heart Headingley Enterprise & Arts Centre, Bennett Rd, Leeds LS6 3HN

Additional documents:

Minutes:

The report of the Chief Officer Elections and Regulatory advised the Licensing Sub Committee of an application for the certification of a film titled, ‘Lumumba, Death of a Prophet’. The screening was scheduled to take place on 28th September 2022, at Heart Headingley Enterprise and Arts Centre, Bennett Road, Leeds LS6 3HN.

Attending the meeting was Ghada Habib – Film Exhibitor

It was noted that the exhibitor had been unable to provide an advance screener to view the film and having sought legal advice, Members were recommended to certify the film as a category 18 rating. Further information on this element was detailed at 3.2 of the submitted report.

A copy of the current BBFC classification Guidelines was attached at Appendix A for Member’s consideration.

A document offering further details on the film and screening, including a synopsis, was appended to the submitted report at Appendix B.

The Licensing Sub Committee considered all the information provided to them and had no further questions for the applicant.

RESOLVED – To grant the certification of 18 rating to the film ‘Lumumba, Death of a Prophet’

 

7.

Review of the Premises Licence for LOCAL, 4 Market Place, Pudsey, Leeds, LS28 7UA pdf icon PDF 121 KB

The report of the Chief Officer Elections and Regulatory informs Members that West Yorkshire Police have served on the licensing authority an application under section 51 of the Licensing Act 2003 for a review of the premises licence in respect of LOCAL, 4 Market Place, Pudsey, Leeds, LS28 7UA.

Additional documents:

Minutes:

The report of the Chief Officer Elections and Regulatory informed Members that West Yorkshire Police had served on the Licensing Authority an application under section 51 of the Licensing Act 2003 for a review of the premises licence in respect of LOCAL, 4 Market Place, Pudsey, Leeds, LS28 7UA.

In attendance at the meeting were:

  • Sarah Blenkhorn – West Yorkshire Police, review applicant
  • Rachel Smith – West Yorkshire Police, review applicant witness
  • David Mullins – West Yorkshire Trading Standards
  • Phillip Gill – West Yorkshire Police, observing
  • Bob Patterson – West Yorkshire Police, observing
  • Sgt. Chris Secker – West Yorkshire Police, observing
  • Cllr Simon Seary Pudsey Ward Councillor, representing residents
  • Cllr Dawn Seary Pudsey Ward Councillor, observing
  • Syed Jabbar Ahmed Junior – Premises Licence Holder
  • Syed Ahmed Senior– Premises Licence Holder’s father
  • Mrs Abiba – Premises Licence Holder’s mother
  • Graham Hopkins – GT Licensing Consultants, licence holder’s representative
  • Linda Potter – GT Licensing Consultants, observing

 

Also in attendance were two residents called as witnesses by West Yorkshire Police who wished to remain anonymous. During the meeting they were called Resident 1 and Resident 2.

It was noted that supplementary information had been submitted by the applicant’s representative the day before the meeting, this had been circulated to all parties. However, West Yorkshire Police had not had time to review the information and requested time to consider the information presented. Ten minutes was allowed by the Licensing Sub Committee for the consideration of the supplementary information.

The Legal Officer outlined the procedure for the meeting and the Licensing Officer presented the application.

The Licensing Sub Committee were informed of the following points:

  • The application was made on the grounds of the prevention of crime and disorder and the protection of children from harm. The application was attached to the report at Appendix A.
  • In support of the application West Yorkshire Police had submitted additional information which included a number of statements and a chronology of incidents connected to the premises. This was appended to the report at Appendix B.
  • Members noted that the premises have had the benefit of a premises licence since the transitional period in 2005, where an application to convert the existing Justices’ Off Licence into a premises licence was received by the Licensing Authority. The application had been granted as requested, effective from 24th November 2005.
  • Members were advised that the applications to both transfer the premises into the current licence holder’s name and to vary the licence to specify the current designated premises supervisor, were received by the Licensing Authority in March 2018. It was noted that neither application attracted a representation from the West Yorkshire Police, these were granted with immediate effect.
  • A copy of the premises licence was attached to the submitted report at Appendix C.
  • A copy of the map identifying the location of the premises was attached at Appendix D
  • West Yorkshire Police have had an interest in the premises for a number of years due to reports of the selling of  ...  view the full minutes text for item 7.

8.

Application to Vary a Premises Licence held by The Canary Bar, Leeds Dock, Hunslet, Leeds, LS10 1EG pdf icon PDF 127 KB

The report of the Chief Officer Elections and Regulatory requests consideration for an application to vary a premises licence made by Allied London One Limited, for The Canary Bar, Leeds Dock, Hunslet, Leeds, LS10 1EG.

Additional documents:

Minutes:

The report of the Chief Officer Elections and Regulatory requested Member’s consideration of an application to vary a premises licence made by Allied London One Limited, for The Canary Bar, Leeds Dock, Hunslet, Leeds, LS10 1EG.

In attendance at the meeting were:

  • Claire Morris – Kuit Steinhart Levy LLP- applicant’s representative
  • Tom McCartney – attending on behalf of the applicant, Allied London One Limited
  • Stephen Bickers – attending on behalf of the applicant, Allied London One Limited

 

Members were advised that a resident who was attending as an objector had attended to make a representation. However, prior to the commencement of this hearing the resident seemed to have left the building, as he could not be located. It was noted that his representation formed part of the submitted report.

The Legal Officer set out the procedure for the meeting.

The Licensing Officer presented the application, highlighting the following points:

  • The history of the premises was set out at Paragraph 2 of the submitted report. It was noted that in May 2020 the application for the premises was granted by the Licensing Sub Committee with a condition prohibiting loud speakers in external areas of the premises or in entrance lobbies which open directly onto external areas. This application had been heard by the Licensing Sub Committee due to representations from local residents.
  • June 2022 – An application for a minor variation was sought by the applicant to expand the external area. This application had attracted comments from local residents which suggested that granting the licence could adversely impact the licensing objectives. It was noted that this application was rejected by the Licensing Authority on the grounds of the potential for noise disturbance from an increased number of patrons using a significantly expanded outside area for consumption of food - drinks and the potential for noise disturbance from outside area to continue into the evenings, adversely affecting the use and enjoyment of nearby residences.
  • A copy of the premises licence was attached at Appendix A of the submitted report.
  • The application was made by Allied London One Limited:
    • To licence the external area delineated on the plan accompanying the application
    • To amend condition 15 so that the restriction on open containers of alcohol being taken away from the premises is disapplied as part of wider public and private events taking place within the dockside area 
    • To include 4 additional measures relating to monitoring the external area, the clearing of glasses/bottles from the external area and added signage.
  • A copy of the application at the time of submission was appended to the submitted report at Appendix B. The current proposed operating schedule following amendments and including agreed conditions was attached at Appendix C. It was noted that those agreed conditions related to a suggested measure from the Licensing Authority and a measure suggested by a local ward councillor, resulting in the representations being withdrawn. Furthermore, representations lodged by the Environmental Protection Team and Planning Department had been withdrawn in light of  ...  view the full minutes text for item 8.