Agenda and minutes

Licensing Sub-Committee
Tuesday, 18th June, 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

8.

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.

 

9.

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.

 

10.

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:

In relation to item 7, Appendices A and B were exempt under 9.2(b) and 10.4.1 and 10.4.2 of the Access to Information Procedure Rules. The Appendices were also exempt under Regulation 14 of the Licensing Act 2003 Hearings Regulations 2005 (SI 2005 NO44)

 

11.

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:

The Sub Committee was in receipt of the following:

 

Agenda item 7, person licence for Mr Junior Archibald – an application was made for additional evidence to be considered and circulated to the Sub Committee (minute 7 refers)

 

Formal Late item – Temporary Event Notice for Caribbean Cricket Club, Scott Hall Road, Leeds, LS7 2EE (minute 8 refers)

 

RESOLVED – To receive the late matters and to take them into account during consideration of the relevant application.

 

12.

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.

 

13.

Application for the grant of a premises licence for Pizza Torino Ltd 52-54 Westgate, Otley, LS21 3AS pdf icon PDF 144 KB

The report of the Chief Officer of Elections and Regulatory requests Members consideration on an application for the grant of a premises licence for Pizza Torino Ltd 52-54 Westgate, Otley, LS21 3AS

 

(Report attached)

Additional documents:

Minutes:

The Chief Officer Elections and Regulatory submitted a report that set out an application for the grant of a premises licence for Pizza Torino Ltd, 52-54 Westgate, Otley, LS21 3AS.

 

In summary, the application sought to provide late night refreshment:

Sunday – Thursday 23:00 – 00:00

Friday and Saturday 23:00 – 01:00

 

Representations had been received from Environmental Health in their capacity as a responsible authority. The applicant had since agreed the proposed measures as set out in the report at Appendix C. A representation submitted by West Yorkshire Police and one member of the public remained on the grounds of public nuisance.

 

In attendance at the meeting were:

-  Kamal Reda, Applicant

-  David Parker, West Yorkshire Police

 

David Parker was in attendance, on behalf of West Yorkshire Police. He addressed the Sub Committee and explained an agreement had been reached with the applicant prior to the hearing, and the additional conditions to be added to the operating scheduled had been agreed.

 

The additional conditions proposed are as follows:

·  A suitable CCTV system will be in operation at the premises at all times when it is being used for the provision of licensable activities and/or when members of the public are permitted to be on the premises. The CCTV system will record images to cover all areas of the premises to which the public have access, including any external areas of the premises such as car parks and beer gardens. The CCTV system will be capable of retaining images for a minimum of 31 days, will be of good quality and will contain the correct time and date stamp information. The CTTV system and images will be kept in a secure environment to which members of the public will not be permitted access. At least one member of staff will be on duty at the premises who is capable of operating the system and downloading images recorded by it. These images will downloaded, and provided, on request, to an officer of a responsible authority.

·  The premises licence holder will ensure that an incident Report Register is maintained on the premises to record incidents such as anti-social behaviour, admissions refusals and ejections from the premises. The Incident Report Register will contain consecutively numbered pages, the date time and location of the incident, details of the nature of the incident, the names and registration numbers of any door staff involved or to whom the incident was reported, any staff involved or to whom the incident was reported, the names and numbers of any police officers attending, the police incident and/or crime number, names and addresses of any witnesses and confirmation of whether there is CCTV footage of the incident. The Incident Report Register will be retained for a period of twelve months and produced for inspection immediately in the request of an authorised officer.

 

In respect of this, and subject to the measures being added, West Yorkshire Police agreed they were happy to withdraw their objection to this application.

 

Mr Reda  ...  view the full minutes text for item 13.

14.

Application for the grant of a personal licence for Mr Junior Archibald pdf icon PDF 103 KB

The report of the Chief Officer Elections and Regulatory advises Members of an application made under section 117(1)(a) of the Licensing Act 2003 ("the Act") for a Personal Licence in respect of Mr Junior Archibald.

 

(Report attached)

Appendix A and B exempt under 9.2(b) and 10.4.1 and 10.4.2. The appendices are also exempt under Regulation 14 of the Licensing Act 2003 Hearings Regulations 2005 (SI 2005 No 44)

Additional documents:

Minutes:

The Chief Officer Elections and Regulatory submitted a report with an application for the grant of a person licence under the Licensing Act 2003 (“The Act”) in respect of Junior Archibald. The application attracted a representation from West Yorkshire Police and therefore required a hearing of the Licensing Sub Committee for determination.

 

Appendices A and B were exempt under 9.2(b) and 10.4.1 and 10.4.2. The appendices were also exempt under Regulation 14 of the Licensing Act 2003 Hearing Regulations 2005 (SI 2005 No 44)

 

In attendance at the meeting:

-  Junior Archibald, Applicant

-  Daniel Penman, Barrister

-  Martin Maynard, West Yorkshire Police

-  Bob Patterson, West Yorkshire Police

 

An application for additional evidence had been submitted on behalf of West Yorkshire Police, to be included in the committee papers; which was agreed by both parties to be included.

 

(Due to the confidential nature of the information being discussed, this part of the meeting was held in closed session)

 

RESOLVED – That the application be granted as applied for.

 

15.

Temporary Event Notice for Caribbean Cricket Club Caribbean Cricket Club, Scott Hall Road, Leeds, LS7 2EE pdf icon PDF 41 KB

The report of the Chief Officer Elections and Regulatory advises Members that a temporary event notice has been received by the Licensing Authority in respect Caribbean Cricket Club Caribbean Cricket Club, Scott Hall Road, Leeds, LS7 2EE.

 

 

Additional documents:

Minutes:

The Chief Officer Elections and Regulatory submitted a report detailing an application for a Temporary Event Notice (TEN) from the Caribbean Cricket Club, Scott Hall Road, Leeds, LS7 2EE.

 

The application had received a representation from the Environmental Protection Team and West Yorkshire Police on the grounds of public nuisance.

 

Prior to the hearing, the applicant explained that due to work commitments, they couldn’t be in attendance and had to leave before the application was due to be heard by the Sub Committee. The Sub Committee considered whether the hearing should be adjourned to allow the applicant to attend a future date, and to allow all parties to have a fair hearing.

 

RESOLVED – That the application be adjourned until 9th July 2019.