Agenda and minutes

Licensing Sub-Committee
Tuesday, 20th November, 2018 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

Minutes:

RESOLVED - That Councillor Gerald Harper be elected as 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 Services at least 24 hours before the meeting)

 

Minutes:

There were no appeals against refusal.

 

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 was no exempt information.

 

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 late items.

 

5.

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 interests.

 

6.

Application to vary a premises licence held by Krakus 54 Harehills Road, Harehills, Leeds, LS8 5LE pdf icon PDF 107 KB

To consider the report by the Chief Officer Elections and Regulatory which sets out details of an application seeking the variation of a premises license made by Miss Anna Strychaz, for Krakus 54 Harehills Road, Harehills, Leeds, LS8 5LE.

Additional documents:

Minutes:

The report of the Chief Officer Elections and Regulatory set out an application for the variation of a premises license for Krakus 54 Harehills Road, Harehills, LS8 5LE.

 

The following were in attendance:

 

Sgt Martin Mynard – West Yorkshire Police

PC Andy Clifford – West Yorkshire Police

Ian and Bernice Cockerham – Members of the public

Ian Shaw – GT Licensing (on behalf of the applicant)

Susan Holden – Licensing Authority

Councillor Arif Hussain

 

Mr Shaw informed the Sub-Committee that his client, Miss Anna Strychaz, requested that Members consider adjourning the meeting to a later date. He explained that his client was unable to attend due to a short term illness, and that GT Licensing were unable to provide legal representation at the hearing, as his legally trained colleagues were otherwise engaged in other hearings.

 

Members heard from all representatives present, all of whom found the request for postponement disappointing and inconvenient and wished for the hearing to continue.

 

Members carefully considered the request to adjourn the meeting to a later date, recognising the time that the objectors present had taken to attend the hearing. However, Members were concerned that, in the absence of both the applicant and her legal chosen representative, to proceed with the application could infringe Miss Anna Strychaz human rights. Therefore, to enable the applicant to contribute to the hearing, the Sub-Committee agreed for the meeting to be adjourned to the next available date. The Chair also took the opportunity to apologise to members of the public, West Yorkshire Police, the Licensing Authority and Councillor Arif Hussain for any inconvenience caused.

RESOLVED – That the application be deferred to be heard by the Licensing Sub-Committee on Tuesday, 15th January 2019.

 

7.

Application for the grant of a premises licence for Residence 74, 74 Otley Old Road, Cookridge, Leeds, LS16 6LQ pdf icon PDF 103 KB

To consider the report by the Chief Officer Elections and Regulatory which sets out details of an application seeking the grant of a premises licence, made by LS16 Cafe Co Ltd, for Residence 74, 74 Otley Old Road, Cookridge, Leeds, LS16 6LQ.

Additional documents:

Minutes:

The report of the Chief Officer Elections and Regulatory set out an application for Residence 74, 74 Otley Road, Cookridge, LS16 6LQ.

 

In summary, the application sought the grant of a premises license for the sale of alcohol Sunday to Thursday 08:00 to 21:00 and Friday and Saturday 08:00 to 22:00.

 

It was noted that no non-standard timings for bank holidays or special occasions were proposed.

 

Members were advised that a representation had been received from Planning Services 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 the measures with Planning Services which were appended to the submitted report at Appendix D.

 

Members heard that the application was before them as two representations had been received from members of the public on the grounds of public nuisance and protection of children from harm. Members were informed that one of the objections had been withdrawn prior to the hearing.

 

The following were in attendance:

 

Salar Eftekhary – Applicant

Hashain Bashir – Observing in support of the applicant

 

Mr Eftekhary addressed the Sub-Committee. Members heard of his previous experience within the hospitality sector, and were assured that CCTV would be installed to the internal and external of the premises. Mr Eftekhary’s intention was to improve the local area and create a desirable establishment for young-professionals.

 

In response to questions from Members, the following points were noted:

o  The capacity of the premises would hold 26 people.

o  The types of drinks being served included 3 draft beers, local wines and regional spirits.

o  The clientele Mr Eftekhary intended to attract were young professionals and those commuting home from work, wanting a relaxed drink and/or small plate.

o  Intention wasn’t for Residence 74 to be a bar, but there is the potential for customers to solely order drinks.

o  The music played would be recorded and ambient with no intention for live music. It was further reported that the music was not intended to be loud.

o  The Challenge 25 policy would be endorsed.

 

The Licensing-Sub Committee carefully considered the application, the report and representations.

 

RESOLVED – That the application be granted as applied for, with the addition of the agreed condition set out in the report between Planning Services and Mr Eftekhary.