Venue: Civic Hall, Leeds
Contact: Governance Services Agenda papers will be published on the Council’s website ahead of each meeting. For details of the new premises licence please contact Entertainment Licensing on 0113 378 5029 after the hearing.
Election of the Chair
To seek nominations for the election for the position of Chair.
RESOLVED – To elect Councillor Holroyd-Case as Chair for the duration of the meeting.
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)
There were no appeals.
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.
There were no exempt 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)
There were no formal late items. However, supplementary information was published on the council’s website prior to the meeting. Information related to Agenda Item 6 – Review of the Premises Licence for Mama Rose Food and Wine, 23 Compton Road, Burmantofts, Leeds, LS9 7BJ. Minute No.6 refers.
Declaration of Interests
To disclose or draw attention to any interests in accordance with Leeds City Council’s ‘Councillor Code of Conduct’.
No interests were raised.
To receive and consider the report of the Chief Officer (Elections and Regulatory) regarding a report that informs the Licensing Sub Committee that West Yorkshire Police 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 Mama Rose Food and Wine, 23 Compton Road, Burmantofts, LS9 7BJ.
The report of the Chief Officer (Elections and Regulatory) informed the Sub Committee that West Yorkshire Police 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 Mama Rose Food and Wine, 23 Compton Road, Burmantofts, LS9 7BJ.
The grounds of the review relate to the seizure of illicit tobacco, non-duty paid alcohol, illegal vapes and a failed test purchase.
Prior to the meeting, supplementary information was published on the council website in the form of statements and additional information received from West Yorkshire Police and the Licence Holder’s Representative.
The following were in attendance for this item:
· PC Andy Clifford, West Yorkshire Police – Review Applicant
· Carmel Brennand, Entertainment Licensing – Representation in support of the review application
· Chetna Patel, Public Health – Representation in support of the review application
· Chris Rees-Gay, Woods Whur Solicitors – Licence Holder’s representative
· Councillor S Arif, Local Ward Member – Representation in support of the review application
· Blind Naamani, Compton Stores Leeds Limited, Licence Holder
· Hekmat Redini, Designated Premises Supervisor
The Legal Adviser to the Sub-Committee outlined the procedure for the hearing.
The Licensing Officer highlighted the following information:
· The premises has failed 2 test purchases regarding illicit tobacco.
· The agenda pack includes witness statements from HMRC and Trading Standards. As well as photographic evidence.
· Applications were received to transfer the licence to Compton Leeds Ltd. and the DPS. Both were granted as applied for and no objections were received.
· The licence authorises sale by retail of alcohol Monday – Saturday 06:30 until 21:00 and Sundays 08:00 until 21:00.
· Representations have been received in support of the review application on behalf of a Senior Liaison and Enforcement Officer (LCC, Entertainment Licensing), Public Health and the Local Ward Councillors.
· The options available to the Sub-Committee were outlined, as per the guidance issued under s182 of the Licensing Act 2003.
West Yorkshire Police informed the Sub-Committee and provided the following information:
· The sale of illicit tobacco is considered a serious offence and the types of goods seized are smuggled items bought cheaply from parts of Europe and outside of the UK. The premises are selling such products in the region of £3.50 - £4.00, where usually they would cost around £14.
· The cigarettes sold are unregulated products and could contain contaminated products.
· 2.5 billion pounds from the sale of such non-duty paid products, depletes funding for essential services such as hospitals, where associated illnesses are being treated. Also, responsible retailers are closing because of the poorly operated premises surviving.
· An application to transfer the premises licence is usually a common tactic when an application is put forward for a review. West Yorkshire Police could not link the operators, therefore did not object to the transfer of the premises licence. Further to this, evidence shows that the previous owner is still paying the utilities bill and is named on the British Gas account for the premises. The police consider that ... view the full minutes text for item 6.