Agenda item

The Director of Environmental Services submits a report on an application for a new premises licence, Avenue, 92 Cavendish Road, Leicester, LE2 7PH.

 

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 phoning Democratic Support on 454 6354.

The Director, Environmental Services, submitted a report that required Members to determine an application for a new premises licence for Avenue, 92 Cavendish Road, Leicester, LE2 7PH.

 

Members noted that representations had been received in respect of the application, which necessitated that the application for a new premises licence had to be considered by Members.

 

Mr Jaspal Singh Kullar from Kullar Licence (UK) Ltd was present at the meeting, accompanied by Mr Amerjit Kullar. Mr Chris White from the Noise Team who had made representation was present. Also present were the Licensing Team Manager and Solicitor to the hearing panel.

 

The Licensing Team Manager presented the report. The meeting was informed apologies were received from the local resident who had made a representation, and also from Leicestershire Police. Members were also informed there were conflicts in the two agreements between the Noise Team and the applicant, and the Police and the applicant. The Noise Team had agreed a 09.00 hours opening time, and the Police had agreed a 10.00am opening time with the applicant.

 

It was noted that the representation from the Noise Team was made on the grounds of the prevention of public nuisance. The Noise Team had sought an agreement with the applicant, which was attached to the report.

 

Also noted was a representation from Leicestershire Police, made on the grounds of the prevention of crime and disorder, public safety and the prevention of public nuisance. The Police were concerned that the premises had its premises licence revoked on 28^th March 2014 after a review application, and if the premises was licensed without strict conditions, the problems that instigated the review might re-occur. The Police had sought an agreement with the applicant, which was attached to the report.

 

A representation was also received from a local resident on the grounds of the prevention of crime and disorder, public safety and the prevention of public nuisance. The resident was concerned that due to the close proximity the premises had to local residential properties, there would be disturbances from people using the decking at the front of the premises and the potential for anti-social behaviour.

 

The meeting was informed that the Live Music Act 2012 was relevant to the application due to the hours of operation requested.

 

Mr Chris White on behalf of the Noise Team outlined the reasons for the representation, and answered questions from Members:

 

·         There were concerns the premises was located in close proximity of residential properties.

·         Historically complaints with regards to noise from break-out music, and on-street activity were received from residents in the street when the premises had previously operated.

·         The Noise Team had requested additional conditions be added to the premises licence if granted, and an agreement had been reached with the applicant.

·         The premises had previously traded as a public house for approximately 40 years, and had separate flats and tenants above the premises.

·         Historically activities would have occurred inside the premises. The nature of the pub business had changed over the years, for example, the smoking ban, and the level of noise and music needed to be managed, as the premises was in a residential area.

·         The only time the condition on the closure of external doors and windows needed to be enforced was when live or amplified music was played, to protect local residents. If Members did not believe the condition was required, it could be omitted, and the premises could be reviewed in the future if issues arose.

·         It was the Noise Team’s position to prevent public nuisance. The removal of the decking on the front of the premises had not been discussed with the applicant. It was the owner’s responsibility to control nuisance which could be done in a variety of ways.

 

Mr J Kullar and Mr A Kullar were then given the opportunity to respond to the points made:

 

·         The premises was bought at auction with the tenants in place already.

·         Mr Conrad Riley and Ms Amba Riley were known to Mr Kullar, and were previous tenants. Mr Kullar had been unaware of any issues at the premises until the licence was revoked.

·         He would work hand in hand with the Police and licensing authority to check the background of future tenants. He had interested parties waiting for the licence to be granted.

·         It was anticipated the applicant would run a quiet venue, with occasional local live music.

·         The applicant had agreed to a lot of conditions with the Noise Team and the Police.

·         The applicant also offered conditions on Challenge 21, an incident book on site, CCTV installation, and the hiring of door staff for live events.

·         The applicant had owned two bars previously on Narborough Road, and off-licences with no problems.

·         There was an area at the back of the premises segregated from residents that smokers could use.

·         The applicant said he would like the use of the front of the premises until 20.00 hours, when he would ask customers to move to the rear of the premises.

·         Waste disposal was in a separate area to the customers area at the back of the premises.

 

The Licensing Team Manager emphasised to Members one of the conditions agreed with the Police was Kullar Licence (UK) Ltd would retain the premises licence for 92 Cavendish Road, and a director of Kullar Licence (UK) Ltd would attend and complete a recognised Designated Premises Supervisor course.

 

All parties were then given the opportunity to sum up their positions and make any final comments.

 

Prior to deliberation, the Solicitor to the hearing panel advised Members of options available to them in making their decision. Members were also advised of the relevant policy and statutory guidance that needed to be taken into account when making their decisions.

 

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 hearing panel, Mr White, Mr J Kullar and Mr A Kullar then withdrew from the meeting.

 

Members gave the application full and detailed consideration.

 

The Solicitor to the hearing panel was recalled to advise Members on the wording of their decision.

 

The Licensing Team Manager, Mr White, Mr J Kullar and Mr A Kullar then returned to the meeting.

 

RESOLVED:

that the application or a new premises licence be granted for Avenue, 92 Cavendish Road, Leicester, LE2 7PH, subject to the following conditions:

 

Conditions consistent with the operating schedule

 

·         The licence holder will ensure all staff are trained.

·         The licence holder will ensure anyone caught taking or dealing drugs will be reported to the Police and will be barred from the premises.

 

Conditions consistent with the representation from the Noise Team

 

·         The premises shall only be open to the public between the hours of 09.00 to 23.30 daily.

·         Licensable activities shall not take place outside the hours of 10.00 to 23.00 daily.

·         All external doors and windows must be kept closed, other than for access and egress, in all rooms when events involving live or amplified music are taking place.

·         Prominent, clear notices shall be displayed at all exists/in designated smoking areas, requesting customers and staff respect the needs of the local residents by keeping noise to a minimum when using the outside area and when leaving the premises.

·         Customers shall not be allowed to consume drinks out the front of the premises between the hours of 20.00 and 10.00 hours daily.

·         Customers shall not be allowed to consume drinks outside the rear of the premises between the hours of 20.00 and 10.00 hours daily.

·         Disposal of waste bottles into external receptacles where the noise will be audible to neighbouring properties must not occur between 20.00 and 09.00 hours daily.

 

Conditions consistent with the representation from Leicestershire Police

 

·         Conrad Adrian Riley 12/05/64 and Amber Latoya Riley 16/08/92 are not allowed on the premises at any time whilst licensable activities are taking place.

·         Conrad Adrian Riley and Amber Latoya Riley are not involved in the day to day management of the premises.

·         The licence holder will ensure that no licensable activity shall take place in any outside area connected to the premises.

·         Smoking will be restricted to the outside area at the rear of the premises from 20.00 hours till 23.00 hours. After 23.00 hours smoking may not take place in the outside areas to the front of rear of the premises.

·         Registered door staff will be used when live music takes place, and the use of door staff will be risk assessed on an ongoing basis by the licence holder and/or designated premises supervisor. When a risk is identified, sufficient door staff will be employed.

·         CCTV will be installed following the advice from Leicestershire Police and maintained in accordance with the Commissioners code of Practice for CCTV. Recordings will be maintained at all times the premises is open to the public and kept for a minimum of 31 days and will be made available to all Responsible Authorities within 48 hours of a request being made for those recordings.

·         The licence holder will ensure all incidents of crime and disorder will be reported to the Police and recorded in an incident book to be kept at the premises and made available immediately to the Responsible Authorities on request.

·         The licence holder will provide training to all staff in relation to Challenge 25 and will adopt it as the premises age policy. This training will be documented and signed for and repeated a minimum of twice a year to retain focus.

·         Kullar Licence (UK) Ltd will retain the premises licence for 92 Cavendish Road, Leicester, LE2 7PH whilst they are the owners of the Avenue Public House, 92 Cavendish Road, Leicester and a director of Kullar Licence (UK) Ltd will attend and complete a recognised Designated Premises Supervisor course whilst they are the owners of the Avenue Public House.

·         Children under the age of 16 years will be supervised in the rear garden and inside the premises by a person over the age of 18 years at all times.

 

The Sub-Committee Members said they had taken out the requested condition from the Noise Team on the installation of a noise limiter as they did not believe the condition to be reasonable for the new premises owner.

 

The Sub-Committee Members said the above requested conditions were agreed in order to promote the licensing objectives of the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.