Agenda and minutes

Councillor Clarke 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 were asked to declare any interests they may have in the business to be discussed.

Councillor Clarke declared an Other Disclosable Interest as he knew the name of one of the people making a representation.

In accordance with the Council’s Code of Conduct the interest was not considered so significant that it was likely to prejudice Councillor Clarke’s judgement of the public interest.  Councillor Clarke was not therefore required to withdraw from the meeting during consideration and discussion on the item.

The Director of Local Services and Enforcement submits a report on an application for a new premises licence, Cultura, 106 Queens 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 4546369.

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 These papers are marked ‘NOT FOR PUBLICATION’.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, Local Services and Enforcement, submitted a report that required Members to determine an application for a new premises licence for Cultura, 106 Queens Road, Leicester, LE2 3FL.

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

Mr R. Lewis, the applicant was present together with his representative/ partner Ms A Setterfield.  Also present was the Licensing Team Manager and the Solicitor to the Sub-Committee.

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

The Licensing Team Manager presented the report.  There were no questions on the report from members or the applicant.

None of the persons who had made representations were present at the meeting.

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

Mr Lewis was then given the opportunity to sum up his position and make any final comments.

Prior to Members considering the application, the Solicitor to the Sub-Committee 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 Sub-Committee, Mr Lewis and Ms Setterfield then withdrew from the meeting.

Members then gave the application full and detailed consideration.

The Solicitor to the Sub-Committee was then recalled to the hearing to give advice on the wording of the decision.

The Licensing Team Manager, Mr Lewis and Ms Setterfield then returned to the meeting.

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

RESOLVED:

That the application for a new premises licence for Cultura, 106 Queens Road, Leicester, LE2 3FL be granted with conditions consistent with the operating schedule and the conditions in Appendix C, with an addition in the final condition to read: ‘The Licence Holder will ensure licensable activities in the outside area, including the balcony, will cease at 21.30 hrs.

REASONS FOR THE DECISION

In reaching their decision the Sub-Committee Members said that, this is a premises that has under gone improvements, necessitating this new application. The conditions on the existing licence, with a minor addition are a necessary and proportionate response to these improvements.

The Chair declared the meeting closed at 10.20 am.