Agenda and minutes

Licensing (Hearings) Sub-Committee - Thursday, 22 February 2018 9:30 am

Venue: Meeting Room G.03, Ground Floor, City Hall, 115 Charles Street, Leicester, LE1 1FZ

Contact: Democratic Support Officer: 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:

There were no apologies for absence.

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.

 

Councillor Cank declared that she had been copied into email correspondence by a non-party relating to this application and the contents of that email did not give rise to a conflict and that she retained an open mind on the application.

 

Councillor Shelton declared that he was present at a Heritage, Culture, Leisure & Sport Scrutiny Committee meeting that received a presentation on the Haymarket development and its plans and he retained an open mind on the application.

 

In accordance with the Council’s Code of Conduct, the interests declared were not considered so significant in relation to this application that it was likely to prejudice a Member’s judgement of the public interest and Councillors were therefore not required to withdraw from the meeting.

4.

MINUTES OF PREVIOUS MEETINGS

The minutes of the previous Licensing (Hearings) sub-committee held on 8th December 2017, 12th December 2017 and 5th January 2018 have been circulated and Members will be asked to confirm them as a correct record.

Minutes:

RESOLVED:

That the minutes of the Licensing (Hearings) sub-committee meetings held on 8 December 2017, 12 Deccember 2017 and 5 January 2018 be confirmed as an accurate record.

5.

APPLICATION FOR A NEW PREMISES LICENCE WITHIN A CUMULATIVE IMPACT ZONE: HAYMARKET THEATRE, 1 GARRICK WALK, LEICESTER LE1 3AF pdf icon PDF 815 KB

The Director of Neighbourhood and Environmental Services submits a report on an application for a new premises licence within a cumulative impact zone for Haymarket Theatre, 1 Garrick Walk, Leicester LE1 3AF.

 

Report and 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 0116 4546358.

 

Additional Information bundle supplied by applicant in support of application.

 

 

 

Additional documents:

Minutes:

The Director of Neighbourhood and Environmental Services submitted a report that required the sub-committee to determine an application for a new premises licence within a cumulative impact zone for Haymarket Theatre, 1 Garrick Walk, Leicester LE1 3AF.

 

The sub-committee noted that an application for a new premises licence within a cumulative impact zone had been received which necessitated that the application had to be considered by the sub-committee.

 

The applicants Mr Spittle, Ms Phillips and Mr Jenkins, the applicants legal representatives Mr Phillips counsel and Ms Soar solicitor, PC Jon Webb of Leicestershire Police and Mr Rixon of Leicestershire Police were present.

 

The Licensing Team Manager and Legal Advisor to the sub-committee were also present.

 

In attendance as an observer was the Director of Tourism, Culture & Inward Investment for Leicester City Council.

 

Introductions were made 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 on 26 January 2018 relating to the grounds of prevention of crime and disorder, prevention of public nuisance, public safety and the protection of children from harm and concerns were raised that there was insufficient information from the applicant to assess how they would promote the licensing objectives and not add to the existing issues in the cumulative impact zone.

 

It was noted that the applicant had submitted additional information on 21 February 2018 which included proposed additional conditions that could be added to the licence, if granted.

 

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

 

The applicant’s legal representative Mr Phillips counsel responded to the representations, outlined the reasons for the application and referred to the additional information submitted on behalf of the applicant. Questions from the sub-committee were responded to by the applicants and their legal representative.

 

10.50am a member of press joined the meeting.

 

All parties were then given the opportunity to sum up their positions and make any final comments including suggested conditions that might be added to the licence if granted.

 

Prior to the sub-committee considering the application the Legal Advisor to the sub-committee advised the sub-committee of the options available to them in making a decision and the relevant policy and statutory guidance that needed to be taken into account when making their decision.

 

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

 

The Licensing Team Manager, the Legal Advisor to the sub-committee, PC Jon Webb of Leicestershire Police, Mr Rixon of Leicestershire Police, the applicants Mr Spittle, Ms Phillips and Mr Jenkins, the applicants legal representatives Mr Phillips counsel and Ms Soar solicitor, the Director of Tourism, Culture & Inward Investment and the member of  ...  view the full minutes text for item 5.

6.

ANY OTHER URGENT BUSINESS

Minutes:

There being no further business the meeting closed at 11.51am.