Agenda and minutes

Councillor Byrne attended and was appointed as Chair to the meeting.

Councillor Barton gave her apologies prior to the meeting.

Members are asked to declare any interests they may have in the business to be discussed.

Members were asked to declare any disclosable pecuniary or other interests they had in the business on the agenda.

Councillors Byrne, Potter and Westley said they knew Mr White, an observer in the public gallery to Appendix A on the agenda, an application for a new premises licence at Riverside Pavilion, but no discussion had taken place prior to the hearing regarding the application.

Councillor Potter declared she was a member on the Planning Committee, but planning legislation did not influence decisions at a Licensing (Hearings) Sub-Committee and could not be considered during the hearing.

Councillor Potter declared an interest in Appendix A on the agenda, as she was a member of the Safeguarding Children Panel, as representations had been made which related to the protection of children from harm.

In accordance with the Council’s Code of Conduct, Members did not consider that the interests were so significant that it was likely to prejudice their judgement of the public interest. Councillors, therefore, did not consider they were required to withdraw from the meeting.

The Director of Environmental Services submits a report on an application for a new premises licence, Riverside Pavilion, Riverside Football Ground, Braunstone Lane East, Leicester, LE3 2FW.

Report attached. A copy of the associated documentation is attached for Members only. Further copies are available on the Council’s website at www.cabinet.leicester.gov.uk or by phoning Democratic Support on 454 6354.

Please note that the supporting information to the report contains exempt information and is attached for Members only. These papers are marked “NOT FOR PUBLICATION”. The information in these papers will be exempt as defined in paragraphs 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972, as amended and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. The information therefore must not be disclosed or discussed at the meeting. Should Members wish to refer to any of these details it is recommended that the meeting move to exclude the Press and Public during its consideration.

The Director, Environmental Services, submitted a report that required Members to determine an application for a new premises licence for Riverside Pavilion, Riverside Football Ground, Braunstone Lane East, Leicester, LE3 2FW.

Members noted that representations had been received in respect of the application which necessitated that the application for a new premises licence had to be considered by Members.

The applicant, Mr Kehar Singh Hayer was present with a representative, Mr Andrew Cox. Also present were Councillor Nigel Porter, local councillor for Aylestone, Mr Chris White (Noise Team, Leicester City Council), Mr Roger Barrington (Braunstone Town Council) and Ms Jenny Davie (local resident on behalf of Aylestone Meadows Appreciation Society - AMAS). Also present were the Licensing Team Manager and Solicitor to the hearing panel. Observing in the public gallery were Councillor Piara Singh Clair (former Chairman of the GNG Football Club). Mr Steve White (Chair of Governors, Ellesmere College), Mr Kulwinder Singh Johal and Dr. Johal were present in the public gallery and accompanied the applicant. Further members of the public were observing from the public gallery.

The Licensing Team Manager presented the report. Colour photographs of the exterior of the premises were circulated to all those present at the meeting. It was noted that a representation from the Noise Team was made on the grounds of the prevention of public nuisance. It was noted that representations from a local resident and from Braunstone Town Council were made on the grounds of the prevention of public nuisance. It was also noted that representations were received from Councillor Porter (Ward Councillor for Aylestone), a local resident, and local resident on behalf of Aylestone Meadows Appreciation Society on the grounds of the prevention of public nuisance and the protection of children from harm.

The meeting was informed that supplemental information had been circulated before the meeting, consisting of a signed agreement between the applicant and the Noise Team, and an email from a resident.

Mr Chris White on behalf of the Noise Team outlined the reasons for the objection and subsequent agreement with the applicant, and answered questions from Members:

·         The premises was close to a number of residential properties, and the noise team was mainly concerned with on-street activity.

·         An agreement was reached between the applicant and the Noise Team, to the conditions requested by the Noise Team outlined in the report.

·         A noise limiter would not be considered at this point, as the structure of the building should be adequate to prevent noise escaping from the premises with the doors and windows kept shut.

·         The applicant indicated that regulated entertainment would only take place indoors.

In response to Members questions, the Licensing Team Manager made the following points:

·         It was a statutory responsibility for the applicant to consult with the Fire Authority.

·         It was the premises user’s responsibility to carry out fire safety assessments, and to comply with regulations, but did not need to be considered as part of the licence application.

Councillor Porter, Ward Councillor  ...  view the full minutes text for item 4.

The Director of Environmental Services submits a report on an application for a new premises licence, Avenue, 92 Cavendish Road, Leicester, LE2 7PH.

Report attached. A copy of the associated documentation is attached for Members only. Further copies are available on the Council’s website at www.cabinet.leicester.gov.uk or by phoning Democratic Support on 454 6354.

The Director, Environmental Services, submitted a report that required Members to determine an application for a new premises licence for Avenue, 92 Cavendish Road, Leicester, LE2 7PH.

Members noted that representations had been received in respect of the application, which necessitated that the application for a new premises licence had to be considered by Members.

Mr Jaspal Singh Kullar from Kullar Licence (UK) Ltd was present at the meeting, accompanied by Mr Amerjit Kullar. Mr Chris White from the Noise Team who had made representation was present. Also present were the Licensing Team Manager and Solicitor to the hearing panel.

The Licensing Team Manager presented the report. The meeting was informed apologies were received from the local resident who had made a representation, and also from Leicestershire Police. Members were also informed there were conflicts in the two agreements between the Noise Team and the applicant, and the Police and the applicant. The Noise Team had agreed a 09.00 hours opening time, and the Police had agreed a 10.00am opening time with the applicant.

It was noted that the representation from the Noise Team was made on the grounds of the prevention of public nuisance. The Noise Team had sought an agreement with the applicant, which was attached to the report.

Also noted was a representation from Leicestershire Police, made on the grounds of the prevention of crime and disorder, public safety and the prevention of public nuisance. The Police were concerned that the premises had its premises licence revoked on 28^th March 2014 after a review application, and if the premises was licensed without strict conditions, the problems that instigated the review might re-occur. The Police had sought an agreement with the applicant, which was attached to the report.

A representation was also received from a local resident on the grounds of the prevention of crime and disorder, public safety and the prevention of public nuisance. The resident was concerned that due to the close proximity the premises had to local residential properties, there would be disturbances from people using the decking at the front of the premises and the potential for anti-social behaviour.

The meeting was informed that the Live Music Act 2012 was relevant to the application due to the hours of operation requested.

Mr Chris White on behalf of the Noise Team outlined the reasons for the representation, and answered questions from Members:

·         There were concerns the premises was located in close proximity of residential properties.

·         Historically complaints with regards to noise from break-out music, and on-street activity were received from residents in the street when the premises had previously operated.

·         The Noise Team had requested additional conditions be added to the premises licence if granted, and an agreement had been reached with the applicant.

·         The premises had previously traded as a public house for approximately 40 years, and had separate flats and tenants above the premises.

·         Historically activities would have occurred inside the premises. The nature of the pub business had changed over  ...  view the full minutes text for item 5.

The meeting closed at 1.15pm.