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 were asked to declare any interest they might have in the business to be discussed.

Councillor Byrne declared the premises at Appendix C, Burnham Drive Newsagents, fell in her Ward, though she had never visited the premises, and would view the application with an open mind based on its own merits.

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

The Minutes of the meetings held on 29^th July, 10^th August and 28^th August 2015 are attached and have been circulated, and Members will be asked to confirm them as a correct record.

RESOLVED:

that the minutes of the previous meetings of the Licensing Hearings Sub-Committee on 29 July 2015, 10 August 2015 and 28 August 2015 be confirmed as a correct record.

The Director of Local Services and Enforcement submits a report on an application for a variation of an existing premises licence for Apres Lounge, 94 High Street, Leicester, LE1 5YP.

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 4546354.

The Director of Local Services and Enforcement submitted a report that required Members to determine an application for a variation of an existing premises licence for Apres Lounge, 94 High Street, Leicester, LE1 5YP.

Members noted that three representations had been received, from two Ward Councillors and one local resident in respect of the application. This necessitated that the application for a variation of an existing premises licence had to be considered by Members.

The applicants, Mr Ercan Dogan joint owner with Mr Alex Salter were present. Councillor Lynn Senior was present and was also representing Councillor Patrick Kitterick, as Castle Ward Councillors who had made a representation against the application. Also present were the Licensing Team Manager and the Solicitor to the Sub-Committee.

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

The Licensing Team Manager presented the report and outlined the details of the application. Members were asked to note that, should they be minded to grant the licence extension, a condition in Annex 2 of the current premises licence would have to be removed as it would contradict new licensing hours.

There were no further questions on the report from Members, the applicants or Councillor Senior.

Councillor Senior outlined the reasons for the representations from Councillor Kitterick and herself.

There were no questions from Members or the applicants.

Mr Salter and Mr Dogan were then given the opportunity to outline the details of the application, responded to the points made, and answered 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 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 Salter, Mr Dogan and Councillor Senior 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 Salter, Mr Dogan and Councillor Senior 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 variation to an existing premises licence for Apres Lounge, 94 High Street, Leicester be granted, with an amendment to the application as applied for, and the removal of a condition from the existing premises licence.

The Sub-Committee Members considered the representations made by the applicant and the objector in full. Members  ...  view the full minutes text for item 11.

The Director of Local Services and Enforcement submits a report on an application for a new premises licence for Burnham News, 72 Burnham Drive, Leicester, LE4 0HP.

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 4546354.

The Director of Local Services and Enforcement submitted a report that required Members to determine an application for a new existing premises licence for Burnham News, 72 Burnham Drive, Leicester, LE4 0HP.

Councillor Byrne declared an interest that the premises was in her Ward, she had not visited the premises and would view the application with an open mind.

Members noted that a representation was received from Leicestershire Police, and related to the prevention of crime and disorder and the prevention of public nuisance. The Police had reached an agreement with the applicant, and a copy of the representation and agreement of requested additional conditions was attached to the report. Members also noted a representation from the owner of the premises which related to the prevention of public nuisance and the prevention of crime and disorder had been received. A representation was also received from a local resident who was concerned about the possible increase of anti-social behaviour if another off-licence were to open. A further representation was received from a nearby business/resident which related to the prevention of crime and disorder. The above representations necessitated that the application for a new premises licence had to be considered by Members.

Members were asked to note that some of the issues raised in the representations related to need or protection of an existing business and were not relevant considerations under the Licensing Act 2003 and must be disregarded.

The proposed Designated Premises Supervisor (DPS) for the premises Mr Joginder Singh Matharoo was present at the meeting on behalf of the applicant. Mr Davinder Singh was present as a person who had made a representation. Also present were the Licensing Team Manager and the Solicitor to the Sub-Committee.

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

The Licensing Team Manager presented the report and outlined the details of the application. Members were asked to note the application was received from Mr Sembhi, lessee at Burnham News, and under the Licensing Act was a valid applicant. It was also noted that the extra hour applied for at Christmas would require further clarification as to whether the hour would be attached to the start or the end of opening hours.

There were no further questions on the report from Members, Mr Matharoo or Mr Singh.

Mr Singh outlined the reasons for the representation.

There were no questions from Members or the Applicant.

Mr Matharoo was then given the opportunity to outline the details of the application, responded to the points made, and answered questions from Members and the Licensing Team Manager.

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 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  ...  view the full minutes text for item 12.

The meeting closed at 11.44am.