Agenda item

The Director of Local Services and Enforcement submits a report on an application for a variation of an existing premises licence for Bar 47, basement of Spark VIP, 37-43 Rutland Street, Leicester, LE1 1RE.

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 Bar 47 – Basement of Spark VIP, 37-43 Rutland Street, Leicester, LE1 1RE.

Members noted that two representations had been received; one from Leicester City Council’s Noise Team and one from the Management of the Queen Street Apartments, Leicester in respect of the application. This necessitated that the application for a variation of an existing licence had to be considered by Members. The report also highlighted the licensing objectives, the relevant parts of the guidance and regulations, and the pertinent sections of the Licensing Authority’s Licensing Policy.

The applicant Tianzhu Wang and Tim Sturgess the applicant’s agent and DPS for the premises were not present at the meeting and had not sent apologies. Robin Marston – Noise Team representative and Max Thorpe – Queen Street Apartments representative were present at the meeting. The Licensing Team Manager and the Solicitor to the hearing panel were also present.

The Sub-Committee felt it was in the public interest to consider the application without the applicant being present.

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. It was noted from the report that the two representations had been received on 2 November 2015 and both related to the prevention of public nuisance. There were no questions on the report from Members.

Robin Marston outlined the reasons for the representation.

There were no questions from Members or the representative of the Queen Street Apartments.

Max Thorpe was then given the opportunity to outline the reasons for the second representation, circulated photographs showing external views/ exits of the premises to everyone present at the meeting and answered questions made by Members.

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

The Solicitor to the hearing panel advised Members of the options available to them in making a decision.

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

The Solicitor to the Sub-Committee advised Members of the options available to them in making a decision.

The Licensing Team Manager, the Solicitor to the Sub-Committee, Robin Marston and Max Thorpe then withdrew from the meeting.

The Members then gave the application their full and detailed consideration.

The Solicitor to the Sub-Committee was then recalled to give advice on the wording of the decision.

The Licensing Manager, Rob Marston and Max Thorpe then returned to the meeting.

The Chair informed all 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 of an existing licence for Bar 47 – Basement of Spark VIP, 37-43 Rutland Street, Leicester, LE1 1RE be refused.

REASONS FOR THE DECISION

The Sub-Committee had decided not to grant the variation of the licence because the conditions placed by the Noise Team were not considered to be sufficient to satisfy the Sub-Committee in respect of the surrounding residential property. The application was refused in the interest of the protection against noise nuisance of the residents of Queen Street Apartments.