Agenda item

The Director of Neighbourhood and Environmental Services submits a report on an application for a new premises licence for Coffee Shop/ Café/ Bar/ Lounge & Restaurant, 95 Queens Road, Leicester, LE2 1TT.

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 4546369.

The Director of Neighbourhoods and Environmental Services, submitted a report that required Members to determine an application for a new premises licence for Coffee Shop/ Café/ Bar/ Lounge & Restaurant – 95 Queens Road, Leicester LE2 1TT.

Members noted that ten representations had been received between 6 May and 23 May 2016 in respect of the application, which necessitated that the application had to be considered by Members.

The applicant Mr Philip Luithlen together with his co-applicant Mr Bob Louis, Councillor Lynn Senior (Member of the Castle Ward who had made a representation), Mr Andrew Sansome (Noise Team representative), Mr Garry Walker (local resident who had made a representation) were all present at the hearing. Also present was the Licensing Team Manager and the legal advisor to the Sub-Committee.

It was noted that a member of the public was also present.

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

The Licensing Team Manager presented the report and outlined the details of the application. It was noted that of the ten representations; six were received from local residents, one from Planning, Transportation & Economic Regeneration, two from Castle Ward Councillors and one from the Noise Team at Leicester City Council. There were no questions from members, the applicants or the persons who had made representations.

Councillor Lynn Senior, Garry Walker and Andrew Sansome outlined the reasons for their representations and answered questions from Members and the applicant.

Philip Luithlen and Bob Louis were then given the opportunity to outline the details of the application, responded to the points made in the representations 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 legal advisor 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 legal advisor to the Sub-Committee, the applicants, the persons who had made representations and the member of public then withdrew from the meeting.

Members then gave the application full and detailed consideration.

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

The Licensing Team Manager, the applicants, the persons who had made representations and the member of public then returned to the meeting.

The Chair informed all persons present that they had recalled the legal advisor to the Sub-Committee for advice on the wording of their decision.

RESOLVED:

That the application for a new premises licence for Coffee Shop/ Café/ Bar/ Lounge & Restaurant – 95 Queens Road, Leicester LE2 1TT be granted with all the conditions consistent within the operating schedule and the noise team representation contained in Appendix C, subject to the following:

•           The provision of identification being ‘challenge 25’ not ‘challenge 21’.

•           The Licence holder would not permit children on the premises between 21:00 and 00.00 (subject to the 24/7 operation being removed).

•           That the premises be vacated by 00:30 and,

•           No food should be ordered after 23:30 (Monday to Saturday) in respect of taking the “last orders”.

REASONS FOR THE DECISION

In reaching their decision the Sub-Committee members said that they had considered the application carefully along with the representations. The Sub-Committee were satisfied that the owners understood the residents’ concerns and had recognised these by being willing to comply with the additional conditions requested by the noise team in Appendix C.”