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 disclosable pecuniary or other interest they may have in the business on the agenda.

There were no declarations.

The minutes of the meetings of the Licensing Hearing Sub-Committee held on 9^th October 2017 and 3^rd November 2017 are attached and Members are asked to confirm them as a correct record.

RESOLVED:

That the minutes of the meetings of the Licensing Hearings sub-committee held on 9^th October 2017 and 3^rd November 2017 be confirmed as a correct record.

AGENDA

MEMBERS OF THE PUBLIC TO NOTE

Under the law, the Sub-Committee is entitled to consider certain items in private where in the circumstances the public interest in maintaining the matter exempt from publication outweighs the public interest in disclosing the information. Members of the public will be asked to leave the meeting when such items are discussed.

The Sub-Committee is recommended to consider the following reports in private on the grounds that they contain “exempt” information as defined by the Local Government (Access to Information) Act 1985, as amended and consequently that the Sub-Committee makes the following resolution:-

“that the press and public be excluded during consideration of the following reports in accordance with the provisions of Section 100A (4) of the Local Government Act 1972, as amended, because they involve 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 is considered that the public interest in maintaining the information as exempt outweighs the public interest in disclosing the information.”

Paragraph 1

Information relating to an individual

Paragraph 2

Information which is likely to reveal the identity of an individual

Paragraph 3

Information relating to the financial or business affairs of any particular person (including the authority holding that information)

Paragraph 7

Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

RESOLVED:

                    That the press and public be excluded during consideration of the following reports in accordance with the provisions of Section 100A (4) of the Local Government Act 1972, as amended, because they involve 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 is considered that the public interest in maintaining the information as exempt outweighs the public interest in disclosing the information.

The Director of Neighbourhood and Environmental Services submits a report on an application to transfer an existing premises licence and to vary a premises licence to specify an individual as a designated premises supervisor for Domingo’s Superstore, 67-69 Church Gate, Leicester LE1 3AN.

Please note that the report and supporting information 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, 2, 3 and 7 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 in public. Should Members wish to refer to any of these details it is recommended that the meeting move to a Private Session and exclude the Press and Public during its consideration.

A copy of the associated documentation is attached for Members only.

(Wards affected: Belgrave)

The Director of Neighbourhood and Environmental Services submitted a report that required the sub-committee to determine applications to transfer an existing premises licence within a cumulative impact zone and to vary a premises licence to specify an individual as a designated premises supervisor for Domingos Superstore, 67-69 Church Gate, Leicester LE1 3AN.

The sub-committee noted that a representation had been received that necessitated that the applications to transfer an existing premises licence within a cumulative impact zone and to vary a premises licence to specify an individual as a designated premises supervisor had to be considered by the sub-committee.

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

The applicant Mr Kanagalingam, the applicant’s legal representative Mr Peter Millward from Josiah Hincks solicitors, Mr Joe Matharu from Josiah Hincks solicitors, PC Jon Webb from Leicestershire Police, the Licensing Team Manager and the Solicitor to the sub-committee was present.

The Licensing Team Manager presented the report. It was noted that a representation had been received from Leicestershire Police on 9^th November 2017 in relation to the prevention of crime and disorder as they believed there were exceptional circumstances which would undermine the crime prevention objective should the applications be granted.

PC Jon Webb from Leicestershire Police outlined the reasons for the representation and responded to questions from the sub-committee.

The applicant’s legal representative Mr Peter Millward was then given the opportunity to respond to the objection and to outline the reasons for the applications. The applicant’s legal representative Mr Peter Millward 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 Solicitor to the sub-committee advised of the options available to them in making their decisions. The sub-committee were also advised of the relevant policy and statutory guidance that needed to be taken into account when making their decisions.

In reaching their decisions the sub-committee 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 with the parties represented present, in accordance with the provisions of the Licensing Act 2003 (Hearings) Regulations 2005.

The applicant Mr Kanagalingam, the applicant’s legal representative Mr Peter Millward from Josiah Hincks solicitors, Mr Joe Matharu from Josiah Hincks solicitors, PC Jon Webb from Leicestershire Police, the Licensing Team Manager and the Solicitor to the sub-committee withdrew from the meeting.

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

The Solicitor to the sub-committee was then recalled to the hearing to give advice on the wording of the decisions.

The applicant Mr Kanagalingam, the applicant’s legal representative Mr Peter Millward from Josiah Hincks solicitors, Mr Joe Matharu from Josiah Hincks solicitors, PC Jon Webb from Leicestershire Police, the Licensing Team Manager then returned to the meeting.

RESOLVED:

That the applications to transfer an existing premises licence within a  ...  view the full minutes text for item 6.

There being no further business the meeting closed at 11.17am.