Agenda and minutes

Licensing Sub-Committee
Tuesday, 26th March, 2019 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

Election of the Chair

 

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

Minutes:

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

2.

Appeals Against Refusal of Inspection of Documents

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 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:

Formal late items were added to the agenda in relation to the following:

·  Application for the certification of films to be shown at Hyde Park Picture House Brudenell Road, Leeds 6 between the 28th March and 31st August 2019.

·  Temporary Event Notice for Juicy Gossip, 5 Briggate, Leeds, LS1 4AF.

 

All Parties were provided with copies of the reports prior to the meeting.

 

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:

No declarations of disclosable pecuniary interests were made.

6.

Application for the grant of a premises licence for Pizza Torino 52 Westgate, Otley, LS21 3AS pdf icon PDF 210 KB

To consider the report of the Chief Officer Elections and Regulatory on an application for the grant of a premises licence for Pizza Torino 52 Westgate, Otley, LS21 3AS.

 

(Report attached)

Additional documents:

Minutes:

This item was withdrawn from the agenda prior to the meeting, all parties were advised

7.

Application for the grant of a premises licence for Restaurant/Bar, Unit 2.36, Trinity Leeds, Albion Street, Leeds, LS1 5AY pdf icon PDF 123 KB

The report of the Chief Officer Elections and Regulatory requests Members consideration on an application made for the grant of a premises licence made by Land Securities Trinity Limited for a Restaurant/Bar at Unit 2.36, Trinity Leeds, Albion Street, Leeds, LS1 5AY.

 

(Report attached)

Additional documents:

Minutes:

No outstanding matters remained on this item and it was therefore withdrawn from the agenda. All parties were advised prior to the meeting date.

8.

Certification of Film pdf icon PDF 131 KB

The report of the Chief Officer Elections and Regulatory advises Members of an application for the certification of films to be shown at the Hyde Park Picture House Brudenell Road, LS6 between the 28th March and 31st August 2019

 

 

Additional documents:

Minutes:

The report of the Chief Officer Elections and Regulatory advised Member of an application for the certification of films to be shown at the Hyde Park Picture House, Brudenell Road, Leeds 6 between the 28th March and 31st August 2019.

 

It was noted that in addition to licensing premises for film exhibitions, the Licensing Authority has a duty under Section 20 of the Licensing Act 2003 to categorise films which are absent of a Certificate from a film classification body such as the BBFC. BBFC Guidelines were attached at Appendix A of the submitted report.

 

Details of the films and a brief synopsis along with an advised certificate and reason was provided at Appendix B of the submitted report.

 

The General Manager of Hyde Park Picture House was in attendance at the meeting and provided more detailed information for Members which included the following points:

·  Reason for advised certification of PG on the following films: ‘Something Said’; ‘Candy’s Crush’; ‘Something to Cry About’; and ‘Worlds of Ursula K LeGuin’ was that these were short documentaries. Although some elements were challenging, the content was informative and educational;

·  The U certificate for ‘Charanga del Norte and Guillermo Davis is a simplistic animation produced as a celebration of the Cuban band’s 20th anniversary and Cuban life. The film is family orientated;

·  ‘Drawn by Desire’ is a series of short animation films which was initially put together for the London Film Festival. It was explained that the film had not received a rating whilst playing at the festival due to the way that the film was presented. It was presented as a moving image artwork which is outside the usual BBFC Guidelines;

·  ‘Drawn by Desire’ talks about women and sex and is to empower women to discuss the female form in a positive way. The film does not aim to sexually arouse the audience but to be used more for information and education. In response to Members questions it was suggested that similar programmes can be viewed on ‘Netflicks’ or BBC3;

·  Currently the film is not due to be shown until August and it was suggested that a speaker may attend to present the film. This was thought by Members to be a good idea to add context;

 

In response to a question in relation to the ‘Worlds of Ursula K LeGuin’ Members were advised that the film poses a moral question to provoke thought and conversation. It was noted that the work of Ursula K LeGuin looks at issues such as bullying and discrimination with an aim to make the world better working together.

 

Members had attempted to view ‘Drawn by Desire’. However, the link which had been provided did not work.

 

RESOLVED – To grant the following film certificates:

·  Something Said – PG as applied for

·  Candy’s Crush – PG as applied for

·  Something to Cry About – 12A rather than PG

·  Worlds of Ursula K LeGuin – 12A rather than PG

·  Charanga  ...  view the full minutes text for item 8.

9.

Temporary Event Notice for Juicy Gossip, 5 Briggate, Leeds, LS1 4AF pdf icon PDF 102 KB

To consider a report by the Chief Officer Elections and Regulatory which sets out details of an application for a Temporary Event Notices to allow the provision of late night refreshment at “Juicy Gossip” 5 Briggate, Leeds,

LS1 4AF, for a premises operating as a takeaway.

 

The application has attracted an objection from West Yorkshire Police who are satisfied that allowing the premises to be used in accordance with the notice would undermine a licensing objective.

 

 

(Report attached)

 

Additional documents:

Minutes:

The report of the Chief Officer Elections and Regulatory advised Members that a temporary event notice (“TEN”) had been received from Juicy Gossip 5 Briggate, Leeds, LS1 4AF, a premises operating as a takeaway.

 

The TEN had attracted an objection from West Yorkshire Police who had served an objection notice on the grounds of crime and disorder.

 

PC Arkle called Sam Longfellow, an officer of Licensing Enforcement as a witness.

 

PC Arkle made a representation to the Licensing Sub Committee to introduce an additional piece of evidence. It was agreed by all parties present that the additional evidence could be considered as part of the meeting on the understanding that the premises user would be given the opportunity to respond. 

 

The evidence was in the form of an email which had been received on 25th March 2019, from a Police Officer working in the city centre on 23rd March 2019. Members were informed that the Officer had noticed that Juicy Gossip was open and apparently serving hot food until at least 2:00am on 24th March 2019. They were, it was alleged, doing this with the majority of lights in the front of the shop off and they appeared to have a member of staff stood at the door way.

 

The Licensing Officer provided a list of previous TEN’s which had been submitted for the premises for Members information.

 

PC Arkle referred to her objection letter attached at Appendix C of the submitted report which set out the basis of the objection. The objection notice expressed concerns that the premises user is committing offence on a constant basis under Section136 of the Licensing Act 2003 and has been operating in breach of planning permission. The letter also provided a list of incidents directly and indirectly linked to the premises.

 

Members were advised that Mr Hussain has applied for a premises licence for late night refreshment but the premises are located within the red zone of the Cumulative Impact Policy (CIP).

 

History of the premises was set out at point 2 of the submitted report. It was noted that on all six occasions listed on the objection letter the premises were not operating under a temporary event notice.

 

Members were made aware of an ongoing investigation being undertaken by Licensing Enforcement. Mr Hussain has been invited to attend an interview with regard to the alleged contravention of Section 136 of the Licensing Act 2003.

 

Mr Hussain, the licence holder of Juicy Gossip informed the Licensing Sub Committee that he had been a business man for 35 years, he was a Chef and had other premises in Leeds and Hull. He said that he had only just heard about the cumulative impact area.

He explained to the Members that the premises had previously been a tailors, he went on to tell the Members how he had come to be the owner of the premises buying it from the tailor after going in to buy a jacket.

 

He said that  ...  view the full minutes text for item 9.