Agenda and minutes

Councillor Thomas was elected as Chair for the meeting.

There were no apologies for absence.

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

Members of the sub-committee were asked to declare any disclosable pecuniary or other interest they may have in the business on the agenda.

Councillor Thomas declared in relation to the “Fountain” that he recognised a person in the CCTV footage. He also declared he was President of the Railway Men’s Club and knew there were customers frequenting the Railway Men’s Club who also frequented the Fountain but he had an open mind and this would have no bearing on any decision he came to today.

Councillor Thomas declared in relation to the “Candle Rooms” that he was aware that the applicant had visited the constituent MP Keith Vaz who Councillor Thomas was agent to. He also declared that Mr Veejay Patel was his former co-councillor for the Belgrave Ward and that he recognised Mr Ashlik Madlani. He stated none of this would have any bearing on any decision he came to in relation to the matters before him and he remained impartial.

PC Jon Webb from Leicestershire Police did not object to Councillor Thomas continuing in his role as Chair and member of the sub-committee established to determine the Objection Notice submitted by Leicestershire Police.

The Director of Neighbourhood and Environmental Services submits a report on an application for a review of an existing premises licence for Fountain Public House, 52 Humberstone Gate, Leicester, LE1 1WB.

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 telephoning Democratic Support on 0116 4546369.

(Wards Affected: Castle)

The Director of Neighbourhood and Environmental Services submitted a report that required the sub-committee to determine an application for a review of an existing premises licence for Fountain Public House, 52 Humberstone Gate, Leicester LE1 1WB.

The sub-committee noted that an application for a review of an existing premises licence had been received which necessitated that the application had to be considered by the sub-committee.

PC Jon Webb from Leicestershire Police (applicant), Mr Antony Foster representee on behalf of Age UK, Mrs Anne Brennan the Premises Licence Holder (PLH), Mr Adam Munday representee, Mr David Hodgkinson representee, Mrs Diane Taylor representee, Mr John Cooper representee, Mr Morris Taylor representee, Ms Cathryn Bryan-Dooher representee and Mr Nigel Jacobs representee were present.

Mr David Hodgkinson was nominated speaker on behalf of Mrs Anne Brennan PLH and representees supporting the premises.

The Licensing Team Manager and the Legal adviser to the sub-committee were also present.

Also in attendance were members of the public and a reporter from the Leicester Mercury.

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 an application for the review of an existing premises licence had been received from Leicestershire Police on 24^th August 2017 which was made on the grounds of the prevention of crime and disorder. Concerns were raised that there had been a number if incidences of stolen goods being sold on the premises. Sixteen representations were received during the representation period in support of the premises. One representation was received on 1^st September 2017 from Age UK related to the prevention of public nuisance with concerns that they were being subjected to noise and smoke nuisance from customers at the Fountain.

The sub-committee were advised that not all representees were present today and the sub-committee confirmed they had read the written representations submitted.

PC Jon Webb from Leicestershire Police outlined the reasons for the application for the review of an existing premises licence. PC Jon Webb advised that CCTV was available and requested that the press and public be excluded from the hearing whilst the CCTV footage from the premises was shown as it was likely that exempt information would be disclosed during representations to the sub-committee.

The sub-committee were satisfied that the press and public (except representees) should be excluded from the hearing whilst CCTV was played.

RESOLVED:

that the press and public be excluded from the hearing whilst CCTV was played in accordance with the provisions of Section 100A(4) of the Local Government Act 1972, as amended, because it involved 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 was considered that the public interest in maintaining the exemption outweighed the public interest in disclosing the information.

Paragraph 1 - Information relating to an individual.

Paragraph 2 - Information likely to reveal the identity  ...  view the full minutes text for item 4.

RESOLVED:

To take an item of urgent business to allow the Objection Notice given for a Temporary Event Notice to be considered within the statutory time period for Temporary Event Notices.

The Director of Neighbourhood and Environmental Services submitted a report that required the sub-committee to determine an objection notice relating to a Temporary Event Notice (TEN) submitted by the applicant Mr Ashlik Madlani for an event at the Candle Rooms.

The sub-committee noted that an objection notice had been received in respect of the Temporary Event Notice which necessitated that the Temporary Event Notice had to be considered by the sub-committee.

Mr Veejay Patel on behalf of the applicant, Mr Madlani the applicant, PC Jon Webb from Leicestershire Police, the Licensing Team Manager and the Legal Adviser to the sub-committee were present.

A reported from the Leicester Mercury was also present.

The Licensing Team Manager presented the report. It was noted that an objection had been received from the Leicestershire Police on the grounds of the prevention of crime and disorder and public safety. It was also noted that there was no current premises licence therefore no conditions could be applied to the temporary event notice to promote the licensing objectives.

PC Jon Webb from Leicestershire Police outlined the reasons for the objection, concerns were expressed that this was a premises situated within an area that was subject to Leicester City Councils Cumulative Impact policy, the area experienced incidents of crime and disorder on a weekly basis and many of these incidents were related to alcohol consumption. People attending this event would be vulnerable to actions of intoxicated people and the event would increase vehicular traffic in a confined area at a critical time when public safety may be compromised.

There were no questions from the sub-committee.

Mr Veejay Patel on behalf of the applicant was then given the opportunity to respond to the objection and to outline the reasons for the application. Mr Veejay Patel and Mr Ashlik Madlani then answered questions from the sub-committee.

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

Prior to the sub-committee considering the application the Legal adviser to the sub-committee advised them of the options available to them in making a decision. The sub-committee 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 the sub-committee 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, in accordance with the provisions of the Licensing Act 2003 (Hearings) Regulations 2005.

Mr Veejay Patel on behalf of the applicant, Mr Ashlik Madlani the applicant, PC Jon Webb, the Licensing Team Manager, the Legal adviser to the sub-committee and the press withdrew from the meeting.

The sub-committee then gave the application their full and detailed consideration.

The Legal adviser to the sub-committee was recalled to the hearing to give advice on the wording of the decision.

The Licensing Team Manager, PC Jon Webb, Mr Veejay Patel on behalf of  ...  view the full minutes text for item 6.