Agenda item

The Director of Local Services and Enforcement submits a report on an application for a variation of an existing premises licence for Apres Lounge, 94 High Street, Leicester, LE1 5YP.

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 4546354.

The Director of Local Services and Enforcement submitted a report that required Members to determine an application for a variation of an existing premises licence for Apres Lounge, 94 High Street, Leicester, LE1 5YP.

Members noted that three representations had been received, from two Ward Councillors and one local resident in respect of the application. This necessitated that the application for a variation of an existing premises licence had to be considered by Members.

The applicants, Mr Ercan Dogan joint owner with Mr Alex Salter were present. Councillor Lynn Senior was present and was also representing Councillor Patrick Kitterick, as Castle Ward Councillors who had made a representation against the application. Also present were the Licensing Team Manager and the Solicitor to the Sub-Committee.

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

The Licensing Team Manager presented the report and outlined the details of the application. Members were asked to note that, should they be minded to grant the licence extension, a condition in Annex 2 of the current premises licence would have to be removed as it would contradict new licensing hours.

There were no further questions on the report from Members, the applicants or Councillor Senior.

Councillor Senior outlined the reasons for the representations from Councillor Kitterick and herself.

There were no questions from Members or the applicants.

Mr Salter and Mr Dogan were then given the opportunity to outline the details of the application, responded to the points made, and answered questions from Members.

All parties were then given the opportunity to sum up their positions and make any 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 also 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 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 Sub-Committee, Mr Salter, Mr Dogan and Councillor Senior 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 Licensing Team Manager, Mr Salter, Mr Dogan and Councillor Senior 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 variation to an existing premises licence for Apres Lounge, 94 High Street, Leicester be granted, with an amendment to the application as applied for, and the removal of a condition from the existing premises licence.

The Sub-Committee Members considered the representations made by the applicant and the objector in full. Members said there was no precedent set for the area as the applicant had implied. The Sub-Committee Members considered that granting the later licence would add to already existing problems being experienced in that part of town.

The Sub-Committee Members agreed with the objector that the existing problems centred around crime and disorder and general disruptive behaviour could be added to by granting the licence as applied for. The Sub-Committee therefore granted a licence until 04.00 hours. To facilitate the agreed new hours, the condition on the current licence at Annex 2, that referred to the hours for licensable activities and opening hours, namely ‘All licensable activities will cease at 02:00hrs and the opening hours will be until 03:00hrs’, was no longer relevant to the decision made, and would be removed.