Agenda and minutes

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

RESOLVED – To elect Councillor Farley to the 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.

There was no exempt information.

There were no late items, however supplementary information had been published and circulated in relation to Agenda item 7, Application to Vary a Premises Licence held by Carpatica 2 Ltd., 24 - 26 Tong Road, Farnley, Leeds, LS12 1HX.

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

No declarations of interest were made.

To receive and consider the attached report of the Chief Officer, Elections and Regulatory

  The report of the Chief Officer Elections and Regulatory requested Members’ consideration of an application to vary a premises licence made by Hiren Ashvin Patel, for AP's Local Newsagents, 434 Dewsbury Road, Beeston, Leeds, LS11 7LJ. The application sought to extend the hours for the Sale by Retail of Alcohol to 24 hours a day, 7 days a week.

Present at the meeting were:

Hiren Ashvin Patel – Applicant

Kate Rowell, EPT – Objector.

The Principal Legal Officer set out the procedure for the meeting.

The Principal Licensing Officer presented the report which included the following information:

·  A copy of the current premises licence detailing the existing operating schedule was appended to the submitted report at Appendix A.

·  A redacted copy of the application form at Appendix B.

·  A representation had been received from West Yorkshire Police in their capacity as a responsible authority. However, negotiations had taken place prior to the hearing and the operating schedule had been amended to include measures suggested by and agreed with West Yorkshire Police. A copy of the representation and agreement were attached to the submitted report at Appendix D.

·  The application had also attracted a representation from the Environmental Protection Team and this remained an outstanding representation for the Sub Committee to consider, as attached at Appendix E of the report.

·  A list of licensed premises in the local area and their hours and activities was attached to the report at Appendix F.

The applicant, Mr H A Patel, provided the Licensing Sub-Committee with the following information:

·  The premises was part of the Premier Store franchise and had been refurbished to a high standard at a cost of £100,000. As well as sales of goods, the store provided lots of other services to residents.

·  In respect of the sale of alcohol, currently alcohol was totally blocked off from the main store area by a door and could only be accessed by staff. Customer ID was checked for every sale of alcohol. The store had CCTV, a Check 25 policy in place and an Incident Log was used, all sorts of incidents were recorded such as children trying to buy a vape. Safety measures were in place, which included an alarm system, but Mr Patel did make an offer to add other measures if that was needed.

·  The way the store was designed and the demographic of its customers meant that it attracted good customers who were well behaved. As the store was located close to Elland Road Police headquarters, police officers stationed there shopped in the store.

·  The area outside the store was kept clean and tidy and there was a bin, there was nothing to attract people lingering outside, especially in cold weather.

In response to questions from the Members of the Sub-Committee, the following information was provided:

·  The application to extend the hours for the Sale by Retail of Alcohol to 24 hours a day, 7 days a week, had been made in order to assist the business moving  ...  view the full minutes text for item 6.

To receive and consider the attached report of the Chief Officer, Elections and Regulatory

  The report of the Chief Officer Elections and Regulatory requested Members consideration on an application to vary a premises licence made by Carpatica 2 Ltd., for Carpatica 2, 24 - 26 Tong Road, Farnley, Leeds, LS12 1HX. The application sought to vary the licence to extend the Sale by Retail of Alcohol and the opening times to 00:00 – 23:59 hours daily.

Present at the meeting were:

Mrs Rand Hussein (for the DPS/applicant Mr Rebaz Akram)

Sarah Blenkhorn, West Yorkshire Police

Vanessa Holroyd, Environmental Protection Team

Peter Mudge, Local Neighbourhoods Team

John Hindley, Public Health Team

Councillor Andy Parnham, Armley Ward Councillor

The Principal Legal Officer set out the procedure for the meeting, noting that the Licensing Authority had received an email from the Licensing Consultant on behalf of the applicant the previous evening which set out the reason for a request for the hearing to be adjourned.

Mrs Rand Hussein attended on behalf of the applicant, her husband, and the Licensing Consultant, neither of whom could attend. Mrs Hussein confirmed the request for the hearing to be adjourned as the applicant was unwell.

The Sub Committee then heard from each of the parties present at the hearing to seek their view on the request for an adjournment. The Sub Committee then went into closed session to consider the request. On resuming in open session, the Sub Committee resolved to continue to hear the application.

The Principal Legal Officer explained their advice to the Sub Committee, having regard to Section 12 of The Licensing Act 2003 (Hearings) Regulations 2005 which state that “…an authority may (a) adjourn a hearing to a specified date, or (b)arrange for a hearing to be held on specified additional dates, where it considers this to be necessary for its consideration of any representations or notice made by a party.”

Members had determined that an adjournment was not necessary for them to determine this application and it was not in the public interest to adjourn the hearing when all parties were in attendance to deal with it. The Principal Legal Officer then set out the procedure for the remainder of the meeting.

The Principal Licensing Officer presented the report and provided the following information:

·  A copy of the current premises licence detailing the existing operating schedule was appended to the submitted report at Appendix A. The current licence authorised the sale by retail of alcohol - Friday & Saturday 08:00 - 00:00 and Sunday to Thursday 08:00 - 23:00, with the opening hours of the premises being Friday & Saturday 08:00 - 00:00 and Sunday to Thursday 08:00 - 23:00.

·  A redacted copy of the application form attached at Appendix B.

·  Representations had been received from responsible authorities and other interested parties and these remained outstanding matters for the Sub Committee to consider.

·  The representations from West Yorkshire Police and the Environmental Protection Team were attached as Appendices D and E of the report.

·  The representation from the Public Health Team was attached as Appendix F, the local  ...  view the full minutes text for item 7.