Agenda and minutes

Licensing (Hearings) Sub-Committee - Thursday, 10 March 2016 9:30 am

Venue: Meeting Room G.02, Ground Floor, City Hall, 115 Charles Street, Leicester, LE1 1FZ

Contact: Anita James, ext. 376358 Email: (anita.james2@leicester.gov.uk) 

Items
No. Item

1.

APPOINTMENT OF CHAIR

Minutes:

Councillor Thomas was elected as Chair for the meeting.

2.

APOLOGIES FOR ABSENCE

Minutes:

Apologies for absence were received from Councillor Shelton.

 

Councillor Cank agreed to sit on the panel as a replacement.

3.

DECLARATIONS OF INTEREST

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

Minutes:

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

 

There were no declarations.

4.

APPLICATION FOR A NEW PREMISES LICENCE: UNIT 2, 16 SAFFRON WAY, LEICESTER LE2 6UP pdf icon PDF 286 KB

The Director of Local Services and Enforcement submits a report on an application for a new premises licence for Unit 2, 16 Saffron Way, Leicester LE2 6UP.

 

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 4546358.

 

Additional documents:

Minutes:

It was noted that the applicant had withdrawn this application prior to the meeting.

5.

APPLICATION FOR A NEW PREMISES LICENCE: OFF LICENCE, 14-16 BUCKMINSTER ROAD, LEICESTER LE3 9AR pdf icon PDF 208 KB

The Director of Local Services and Enforcement submits a report on an application for a new premises licence Off Licence, 14-16 Buckminster Road, Leicester LE3 9AR.

 

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 4546358.

 

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 These papers are marked “NOT FOR PUBLICATION”.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.

 

Additional documents:

Minutes:

The Director of Local Services and Enforcement submitted a report that required Members to determine an application for a new premises licence for Off-Licence, 14-16 Buckminster Road, Leicester LE3 9AR.

 

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

 

Mr Mahmoud (the applicant) was present accompanied by Mr Yaugar.

The three representees Mr Atkar, Mr Chapman and Mr Major were present as were the Licensing Team Manager and the Solicitor to the hearing panel.

 

It was noted that there was a member of the public in attendance.

 

Introductions were led by the Chair and the procedure for the meeting was outlined to those present.

 

The Licensing Team Manager presented the report. It was noted that three representations had been received on 16 February 2016, two from local residents and one from a business owner that related to two of the licensing objectives, namely the prevention of crime and disorder and the prevention of public nuisance, and concerns had been raised about increasing anti-social behaviour in the area.

 

Mr Atkar outlined the reasons for his representation and answered questions from Members.

 

Mr Chapman outlined the reasons for his representation and answered questions from Members.

 

Mr Major outlined the reasons for his representation and answered questions from Members.

 

Mr Mahmoud supported by Mr Yaugar was then given the opportunity to respond to the points made.

 

Mr Mahmoud was then invited to outline his application and to answer questions from Members.

 

All parties were then given the opportunity to sum up their positions and make 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 advised that some of the issues raised in the representations related to need or the protection of an existing business and these were not relevant considerations under the Licensing Act 2003 and should be disregarded. Members were 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 that 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 in the presence of the parties.

 

The Licensing Team Manager, the Solicitor to the hearing panel, Mr Mahmoud, Mr Yaugar, Mr Atkar, Mr Chapman and Mr Major and the public 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 Mahmoud, Mr Yaugar, Mr Atkar, Mr Chapman, Mr Major and the public 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  ...  view the full minutes text for item 5.

6.

ANY OTHER URGENT BUSINESS

Minutes:

None.

 

The meeting closed at 10.52am