Agenda and minutes

Licensing Sub-Committee
Tuesday, 28th May, 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

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

Minutes:

RESOLVED- That Councillor Buckley be elected as Chair for the duration of 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 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 7 Application to vary a premises licence held by Muddy Boots Café, Harewood Village Hall, Church Lane, Harewood, Leeds, LS17 9LJ. This had been circulated to all parties prior to the hearing.

 

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 Pitza Cano 59-61 Queens Road, Leeds, LS6 1HY pdf icon PDF 46 KB

To consider the report of the Chief Officer, Elections and Regulatory on an application to vary a premises licence held by Pitza Cano 59-61 Queens Road, Leeds, LS6 1HY.

 

(Report attached)

Additional documents:

Minutes:

The Chief Officer Elections and Regulatory submitted a report that set out an application to vary a premises licence held by Pitza Cano, 59-61 Queens Road, Leeds, LS1 1HY.

 

This hearing had previously been adjourned from 9th April 2019.

 

In summary, the application sought to:

·  Add the sale of alcohol to accompany a takeaway meal;

·  Monday  to Saturday 17:00 – 03:00

·  Sunday 17:00- 02:00

 

Representations had been received from Ward Members on the grounds of public nuisance and from the West Yorkshire Police and Licensing Authority as the premises is sited within the Headingley and Hyde Park Cumulative Impact Policy area.

 

In attendance at the meeting were:

Farah Hassani – Owner Pitza Cano

Ghaise Hassani – Owner Pitza Cano

David Parker – West Yorkshire Police

Susan Holden - Licensing Authority

 

Mr and Mrs Hassani informed the Members of the following:

·  Pitza Cano had been established for 25 years, they had taken over the operation 3 years ago;

·  They wished to sell a bottle of wine as part of a meal deal so that their customers did not have to go elsewhere to purchase a bottle of wine from one of the local 24 hour supermarkets;

·  The wine would not be consumed on the premises it was to be offered only as off sales;

·  The current licence had been granted on 14 July 2006;

·  They had considered the Cumulative Impact Policy (CIP) and would not seek to add to the difficulties in the area by undertaking the following:

o  CCTV would be installed, they were currently in the process of receiving quotes. This would cover the external areas to the front and rear of the premises as well as the inside of the premises;

o  The person on duty would check the I.D. of the person purchasing the wine;

o  Alcohol would not be sold to anyone who was already too intoxicated;

 

In responding to questions from the Members the Sub-Committee were informed of the following points:

·  The premises have always been safe with no issues;

·  The premises have a good reputation with the Police, even using the premises for food orders;

·  Alcohol would not be consumed on the premises therefore no issues of drunken behaviour in the premises;

·  The person purchasing the meal deal with wine would have to provide identification such as a driving licence or similar I.D.;

·  They as owners of a premises would not be able to control behaviour or issues which happen away from the premises;

·  The meal deal would only be to supply wine, no beer or spirits and the wine would only be sold with the purchase of food;

·  Only one meal deal including wine would be sold per person;

·  Staff including delivery drivers would receive training in order to ensure they sought age verification for those customers who looked younger, including those in their early twenties;

·  There is usually only one person on the tills on an evening and they would notice if the same person came in more than once to  ...  view the full minutes text for item 6.

7.

Application to vary a premises licence held by Muddy Boots Cafe Harewood Village Hall, Church Lane, Harewood, Leeds, LS17 9LJ pdf icon PDF 141 KB

The report of the Chief Officer Elections and Regulatory set out an application to vary a premises licence held by Muddy Boots Cafe Harewood Village Hall, Church Lane, Harewood, Leeds, LS17 9LJ.

 

(Report attached)

Additional documents:

Minutes:

The Chief Officer, Elections and Regulatory submitted a report that set out an application to vary the premises licence held by Muddy Boots Café, Harewood Village Hall, Church Lane, Harewood, Leeds, LS17 9LJ.

 

In summary, the application sought to;

·  Extend the hours for sale by retail of alcohol until 23:30 hours every day;

·  Extend regulated entertainment until 00:00 hours every day; and

·  To include the provision of Late Night Refreshment 23:00 until 00:00 hours every day.

 

Representations had been received from members of the public, on the grounds of public nuisance.

 

The following were in attendance:

·  Mr Lascelles the applicant

·  Councillor Matthew Robinson speaking on behalf of the resident’s, two of whom were present at the meeting.

 

Mr Lascelles provided the Sub-Committee with the following information:

·  The café started in July 2018 and is a popular venue for residents and walkers;

·  It has become a successful business;

·  The Café has opened for evening events with the use of Temporary Event Notices (TEN’s) the first one being in December 2018;

·  There is a public house in the village, however the Café provided a different food option for residents and those visiting the village;

·  The café offers a relaxed dining format and the glass of wine is a supplement with the meal rather than being a bar for drink only;

·  Currently the licence is up till 4:30pm, they want to extend the service offered to the village;

·  Although the use of TEN’s has been good it is the view that to keep using TEN’s was holding back the business potential;

·  The application for an extension to the licence until midnight, 7 days a week had been applied for although, it was not the intention that the Café would open 7 days a week till midnight. It was suggested that the current 2 nights may increase to 4 nights;

·  It was not the proposal to open late and have music every night;

·  Mr Lascelles said that he had written to all the residents of the village explaining his proposals. He said he had had good feedback from most. He said that he understood the concerns of the residents but wanted to assure them that the Café would not be opening 7 days a week till late,

 

Responding to questions from Members the Sub –Committee were advised that the Café had a capacity of 45, it provided a relaxed place to meet with good food and wine, previous events had usually finished by 10pm.

 

The application for alcohol to be sold until 11:30pm and food until midnight was for future proofing the business to offer amenities and entertainment in the village for private rental and quiz nights. It was proposed that live music would not be a regular event with suggested events only once or twice a year.

 

Cllr. Robinson, Ward Member for Harewood had been asked to speak on behalf of the residents. Cllr. Robinson prior to speaking did declare an interest as he had attended the Food and Drink Festival in the  ...  view the full minutes text for item 7.

8.

Temporary Event Notice for Old Red Bus Station Old Red Bus Station, 102 - 104 Vicar Lane, Leeds, LS2 7NL pdf icon PDF 97 KB

The report of the Chief Officer Elections and Regulatory advises Members that a temporary notice has been received for Old Red Bus Station Old Red Bus Station, 102 - 104 Vicar Lane, Leeds, LS2 7NL. The Environmental Protection have issued an objection notice, on the grounds of public nuisance.

 

(Report attached)

 

Additional documents:

Minutes:

With all outstanding matters resolved, this application was withdrawn prior to the hearing.