Agenda and minutes

Councillor Clarke was elected as Chair for the meeting.

There were no apologies.

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 interest they may have in the business on the agenda.

There were no declarations.

The Director of Environmental and Enforcement Services submits a report on an application for a new premises licence, Mystic Spice, 146c London Road, Leicester.

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 4546358.

The Director, Environmental Services, submitted a report that required Members to determine an application for a new premises licence within a cumulative impact zone, Mystic Spice, 146C London Road, Leicester.

Members noted that a representation had been received in respect of the application, which necessitated that the application had to be considered by Members.

Mr Balalur Rahim, applicant was present. PC Jon Webb and Inspector Nigel Rixon from Leicestershire Police were present. Also present was the Licensing Team Manager and the Solicitor to the hearing panel.

Introductions were made and the procedure for the meeting was outlined to those present.

The Licensing Team Manager presented the report. It was noted that a representation had been received that related to the four licensing objectives, the prevention of crime and disorder, the prevention of public nuisance, public safety and the protection of children from harm.

PC Webb outlined the reasons for the representation and answered questions from Members.

Mr Rahim was then given the opportunity to respond to the points made and answer questions from Members.

All parties were then given the opportunity to sum up their positions and make any final comments.

Prior to Members considering the application, the Solicitor to the Hearing Panel advised Members of the options available to them in making a decision. Members were also advised of the relevant policy and statutory guidance that needed to be taken into account when making their decision.

In reaching their decision, Members felt they should deliberate in private on the basis that this was in the public interest, and as such outweighed the public interest of their deliberation taking place with the parties represented present.

The Licensing Team Manager, the Solicitor to the Hearing Panel, Mr Rahim, PC Webb and Inspector Rixon then withdrew from the meeting.

Members then gave the application full and detailed consideration.

The Solicitor to the Hearing Panel was then recalled to the hearing to give advice on the wording of the decision.

The Licensing Team Manager, Mr Rahim, PC Webb and Inspector Rixon then returned to the meeting.

The Chair informed all persons present that they had recalled the Solicitor to the Hearing Panel for advice on the wording of their decision.

RESOLVED:

that the application for a new premises licence within a cumulative impact zone for Mystic Spice 146C London Road, Leicester be granted subject to the conditions consistent with the Operating Schedule together with the conditions consistent with the representation from the police as stated in Appendix C and subject to a minor amendment to one of the conditions proposed by the police representation to insert the words “…CCTV is installed no later than 1^st June 2015 following advice…” as follows:-

1.     The licence holder will put in place management controls and training of all staff so they are aware of their responsibilities under the Licensing Act including age verification.

2.     The licence holder will ensure there is no drunk and disorderly, violent or anti-social behaviour on the premises.

3.     The premises  ...  view the full minutes text for item 4.

The Director of Environmental and Enforcement Services submits a report on an application for a new premises licence within a cumulative impact zone: 10-12 Hinckley Road, Leicester.

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 229 8897.

The Director, Environmental Services, submitted a report that required Members to determine an application for a new premises licence within a cumulative impact zone, LAT Food Ltd, 10-12 Hinckley Road, Leicester LE3 0RA.

Members noted that a representation had been received in respect of the application, which necessitated that the application had to be considered by Members.

Mr Ignus Kalnins, applicant was present. PC Jon Webb and Inspector Nigel Rixon from Leicestershire Police were present. Also present was the Licensing Team Manager and the Solicitor to the hearing panel.

Introductions were made and the procedure for the meeting was outlined to those present.

The Licensing Team Manager presented the report. It was noted that a representation had been received that related to the four licensing objectives, the prevention of crime and disorder, the prevention of public nuisance, public safety and the protection of children from harm.

PC Webb outlined the reasons for the representation and answered questions from Members.

Mr Kalnins was then given the opportunity to respond to the points made and answer questions from Members.

All parties were then given the opportunity to sum up their positions and make any final comments.

Prior to Members considering the application, the Solicitor to the Hearing Panel advised Members of the options available to them in making a decision. Members were also advised of the relevant policy and statutory guidance that needed to be taken into account when making their decision.

In reaching their decision, Members felt they should deliberate in private on the basis that this was in the public interest, and as such outweighed the public interest of their deliberation taking place with the parties represented present.

The Licensing Team Manager, the Solicitor to the Hearing Panel, Mr Kalnins, PC Webb and Inspector Rixon then withdrew from the meeting.

Members then gave the application full and detailed consideration.

The Solicitor to the Hearing Panel was then recalled to the hearing to give advice on the wording of the decision.

The Licensing Team Manager, Mr Kalnins, PC Webb and Inspector Rixon then returned to the meeting.

The Chair informed all persons present that they had recalled the Solicitor to the Hearing Panel for advice on the wording of their decision.

RESOLVED:

that the application for a new premises licence within a cumulative impact zone for LAT Food Ltd, 10-12 Hinckley Road, Leicester LE3 0RA be granted subject to the conditions consistent with the Operating Schedule together with the conditions consistent with the representation from the police as stated in Appendix C as follows:

a.     The licence holder will do a full risk assessment of the premises to cover all four licensing objectives.

b.     The licence holder will ensure anyone who appears to be drunk and or aggressive will not be allowed on the premises.

c.     The licence holder will make sure litter is regularly cleared from the external areas around the premises.

d.     The licence holder will discourage drinking and anti-social behaviour in the vicinity of his premises.

e.     All  ...  view the full minutes text for item 5.

AGENDA

MEMBERS OF THE PUBLIC TO NOTE

Under the law, the Hearing Panel is entitled to consider certain items in private where in the circumstances the public interest in maintaining the matter exempt from publication outweighs the public interest in disclosing the information. Members of the public will be asked to leave the meeting when such items are discussed.

The Hearing Panel is recommended to consider the following reports in private on the grounds that they contain ‘exempt’ information as defined by the Local Government (Access to Information) Act 1985, as amended, and consequently that the Hearing Panel makes the following resolution:

“that the press and public be excluded during consideration of the following reports in accordance with the provisions of Section 100A (4) of the Local Government Act 1972, as amended, because they involve the likely disclosure of ‘exempt’ information, as defined in the Paragraphs detailed below of Part 1 of Schedule 12A of the act, and taking all the circumstances into account, it is considered that the public interest in maintaining the information as exempt outweighs the public interest in disclosing the information”.

Paragraph 1

Information relating to an individual

Paragraph 2

Information that is likely to reveal the identity of an individual

Paragraph 3

Information relating to the financial or business affairs of any particular person (including the Authority).

B1 Application for a new personal licence.

RESOLVED:

“that the press and public be excluded during consideration of the following report in accordance with the provisions of Section 100A (4) of the Local Government Act 1972, as amended, because it involves the likely disclosure of ‘exempt’ information, as defined in the Paragraphs detailed below of Part 1 of Schedule 12A of the act, and taking all the circumstances into account, it is considered that the public interest in maintaining the information as exempt outweighs the public interest in disclosing the information”.

Paragraph 1

Information relating to an individual

Paragraph 2

Information that is likely to reveal the identity of an individual

B1 Application for a new personal licence.

The Director of Environmental and Enforcement Services submits a report on an application for a new personal licence.

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 4546358.

The Director of Environmental Services submitted a report that required Members to determine an application for a new personal licence.

Members noted that a representation had been received from the police which necessitated that the application for a new personal licence had to be considered by Members. The report also highlighted the licensing objectives, the relevant parts of the guidance and regulations, and the pertinent sections of the Licensing Authority’s Licensing Policy.

The applicant, PC Jon Webb and Inspector Nigel Rixon of the Leicestershire Police were present at the meeting. The Licensing Team Manager and the Solicitor to the hearing panel were also present.

The Licensing Team Manager presented the report and outlined the details of the application.  It was noted from the report that a representation had been received from the Leicestershire Police on the grounds of the prevention of crime and disorder.

Inspector Rixon outlined the reasons for the objection as stated in the representations previously submitted. He further stated that as the applicant’s relevant conviction was not spent under the Rehabilitation of Offenders Act, the Police view was that the prevention of crime and disorder licensing objective would be undermined if the applicant held a personal licence before that time had elapsed.

The applicant was then given the opportunity to respond to the points made, state his case as to why there were exceptional and compelling circumstances for members to consider granting the application and to respond to Members questions.

All parties were then given the opportunity to sum up their positions and make any final comments.

The Solicitor to the hearing panel advised Members of the options available to them in making a decision.

The Licensing Manager, the Solicitor to the hearing panel, the applicant, Inspector Rixon and PC Webb then left the meeting.

The Members then gave the application full and detailed consideration.

The Solicitor to the hearing panel was then recalled to give advice to the Members on the wording of the decision.

The Licensing Manager, the applicant, Inspector Rixon and PC Webb then returned to the meeting.

The Chair informed all present that they had recalled the Solicitor to the hearing panel for advice on the wording of their decision.

RESOLVED:

that the application for a new personal licence be refused.

The Hearing Panel were satisfied that there was no compelling evidence to suggest they should grant a personal licence and to grant would undermine the licensing objectives, in particular preventing crime and disorder. The Hearing Panel were not convinced the applicant had been honest today and there was no evidence that the applicant was no longer at risk of offending. The Hearing Panel felt that the nature of the unspent conviction and the lack of exceptional or compelling reasons to grant left them with no choice but to refuse.

The meeting closed at 11.31am.