Agenda item

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

The report of the Chief Officer, Elections and Regulatory informed the Sub-Committee that West Yorkshire Police had submitted an application under Section 51 of the Licensing Act 2003 for a review of a premises licence in respect of Booze 4 U, 220 Roundhay Road, Leeds, LS8 5AA.

The following were in attendance:

-  PC Neil Haywood, West Yorkshire Police

-  Carmel Brennand, Entertainment Licensing

-  Emilia Slezak, Public Health

-  Jason Bethell, West Yorkshire Trading Standards

-  Councillor Asgar Ali, Local Ward Councillor

-  Nicola Raper, Entertainment Licensing

The Legal Adviser to the Sub-Committee outlined the procedures for the meeting and the Licensing Officer presented the application.

It was reported that an application had been served on the Licensing Authority by West Yorkshire Police for a review of the Premises Licence on the grounds of the prevention of crime & disorder and public safety.  Representations had also been made by Entertainment Licensing, West Yorkshire Trading Standards and Local Ward Councillors.  Public Health were in attendance to support the representations made by Local Ward Councillors.  The premises fell within the Harehills Cumulative Impact Area.

The Premises Licence Holder was not in attendance.

The West Yorkshire Police representative was invited to address the Sub-Committee and was supported by West Yorkshire Trading Standards.  The following was highlighted:

·  When the application was submitted the representation should have also included the protection of children from harm.

·  The premises fell within the cumulative impact area and there were widespread problems and very high risk factors relating to alcohol related crime, ambulance call outs and hospital admissions.

·  There was a widespread failure of premises within the area to act in accordance with the law.

·  There had been serious breaches of the licence at the premises.  Joint operations with West Yorkshire Police and West Yorkshire Trading Standards had led to the seizure of counterfeit and illegal cigarettes and tobacco.

·  The Licence Holder had ignored previous warnings and continued to sell counterfeit and illegal goods.  These were goods smuggled in to the country by organised criminal gangs and the proceeds were used to fund further criminality.

·  It was requested that the Licence be revoked.

The Entertainment Licensing representative addressed the Sub-Committee.  Issues highlighted included the following:

·  The premises had had the same Designated Premises Supervisor (DPS) and Premises Licensing Holder since November 2021.  It was expected that the DPS should have a better knowledge of the Licensing Act than had been demonstrated by operations at the premises.

·  The sub-committee was given a timeline of issues that had occurred at the premises during the management by the current DPS.  These included visits that had resulted in the seizure of illicit goods; failure to pay licensing fees which made it illegal to sell alcohol and other issues which breached conditions of the licence including failure to operate the CCTV system correctly.

·  There had been a continued sale of counterfeit and illicit tobacco and illegal vapes.  There had also been the sale of alcohol during periods when the Licence was suspended.  This was an offence that could be punished by an unlimited fine or up to six months in prison.

·  The DPS had only been in position for 25 months and the Sub-Committee was asked to consider the representations made by the responsible authorities and Ward Councillors along with the impact that irresponsible trading has on the wider community.  It was requested that the licence be revoked.

The Sub-Committee heard from a Ward Councillor and the Public Health representative.  Issues highlighted included the following:

·  The area had a high number of looked after children and young people who weren’t in education.  There were 12 childcare facilities close to the premises including the Gipsil Academy which was a centre for vulnerable young people.

·  Public Health had concerns regarding the sale of illicit and counterfeit goods as it was not known what substances were contained within these products.

·  Following sanctions imposed at the premises, the Licence Holder had shown a lack of understanding and disregard to the needs of the community.

·  Illicit tobacco was easily available to young people in Harehills and there was a higher number of young people taking up smoking.  These tended to be the most vulnerable and also those who suffered mental health problems.  There was also a higher level of adults smoking in Harehills than elsewhere in Leeds.

·  There were health inequalities in Harehills and smoking was disproportionately high compared to other areas.  Criminals preyed on these kinds of communities.

·  The Licence Holder had failed to met the licensing objectives.

·  The sale of smuggled goods was a serious offence.

·  There had been a continued practice of committing offences and the licence should be revoked.

The West Yo9rkshire Police representative was invited to sum up.  He reminded the Sub-Committee that there had been large scale multi-agency work across Harehills and that that there had been continued non-compliance and criminality involved at the premises.  It was requested that the licence be revoked.

The Sub-Committee carefully considered the report of the Chief Officer, Elections and Regulatory, the submissions made in writing and made at the hearing and also the Statement of Licensing Policy.

RESOLVED – That the application be revoked.