Agenda and minutes

Councillor Byrne was elected as Chair for the meeting.

Apologies for absence were received from Councillor Cank.

Councillor Dr Barton agreed to sit on the panel as a replacement.

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 minutes of the previous meetings of the Licensing (Hearings) sub-committee held on 29^th October 2015, 18^th March 2016 and 1^st April 2016 have been circulated and Members will be asked to confirm them as a correct record.

It was noted that as there were no panel members present as constituted at the original hearings, the minutes of the meetings of the Licensing (Hearings) sub-committee held on 18^th March 2016 and 1^st April 2016 could not be confirmed and would be deferred to a future meeting.

RESOLVED:

That the minutes of the Licensing (Hearings) sub-committee held on 29^th October 2015 be confirmed as an accurate record.

The Director of Neighbourhood and Environmental Services submits a report on an application for a new premises licence within a cumulative impact zone: Polish Deli, 30 Belgrave Gate, Leicester, LE1 3GP

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.

(Wards affected: Castle)

The Director of Neighbourhood and Environmental Services submitted a report that required Members to determine an application for a new premises licence within a cumulative impact zone for Polish Deli, 30 Belgrave Gate, Leicester LE1 3GP.

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

Ms Dana Szymkowicz on behalf of the applicant was present, as was PC Jon Webb from Leicestershire Police, the Licensing Team Manager, the Solicitor to the sub-committee and a Trainee Solicitor (observing).

It was noted that there were members 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 a representation had been received from Leicestershire Police 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 that the premises was within a cumulative impact zone and granting the application would impact on the area by increasing the availability of outlets in the area to purchase alcohol.

PC Webb outlined the reasons for the representation. There were no questions from Members.

Ms Szymkowicz was then given the opportunity to outline the application, respond to the points made and to answer questions from Members during which colour photographs of the proposed premises layout were circulated.

Al 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 sub-committee advised Members of the options available to them in making a decision. 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 sub-committee, the Trainee Solicitor, PC Webb, Ms Szymkowicz and the public 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 Trainee Solicitor was also present to observe process.

The Licensing Team Manager, PC Webb, Ms Szymkowicz and the public 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 within a cumulative impact zone: Polish Deli, 30 Belgrave Gate, Leicester LE1 3GP be granted subject to the conditions consistent with the operating schedule (at appendix C of the report) together with the additional conditions proposed by the Police and agreed during the meeting as follows:

1. The licence holder  ...  view the full minutes text for item 5.

The Director of Neighbourhood and Environmental Services submits a report on an application for a new premises licence within a cumulative impact zone: International Market, 120 Granby Street, 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 telephoning Democratic Support on 0116 4546358.

(Wards affected: Castle)

The Director of Neighbourhood and Environmental Services submitted a report that required Members to determine an application for a new premises licence within a cumulative impact zone for International Market, 120 Granby Street, Leicester.

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

Mr Abdullah Omar Abdullah, the applicant was present with his representative Mr Anil Bhawsar, also present was PC Jon Webb from Leicestershire Police, the Licensing Team Manager, the Solicitor to the sub-committee and a Trainee Solicitor (observing).

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 a representation had been received from Leicestershire Police that related to    three of the licensing objectives, namely the prevention of crime and disorder, the prevention of public nuisance and public safety and concerns were raised that the applicant had made no mention in their application with regards to the cumulative impact zone or taken into account the local problems and concerns.

PC Webb outlined the reasons for the representation. There were no questions from Members.

Mr Bhawsar on behalf of the applicant was then given the opportunity to outline the application, respond to the points made and to answer questions from Members.

Al 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 sub-committee advised Members of the options available to them in making a decision. 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 sub-committee, the Trainee Solicitor, PC Webb, Mr Abdullah and Mr Bhawsar 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 Trainee Solicitor was also present to observe process.

The Licensing Team Manager, PC Webb, Mr Abdullah and Mr Bhawsar 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 within a cumulative impact zone: International Market, 120 Granby Street, Leicester be refused.

In reaching their decision the sub-committee said that the starting point for an application in a Cumulative Impact Zone was refusal and they did not find that the applicant fully understood the implications of being a responsible premises licence holder within a Cumulative Impact Zone. The sub-committee did not believe, on this occasion, that  ...  view the full minutes text for item 6.

There being no further business notified the meeting closed at 11.47am.