Agenda item

The Director of Neighbourhood and Environmental Services submits a report on an application for the review of an existing premises licence for Schnaps, 28 Charles Street, Leicester.

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 4546358.

The Director of Neighbourhood and Environmental services submitted a report that required the sub-committee to determine an application for a review of an existing premises licence for Schnaps, 28 Charles Street, Leicester LE1 3FG.

The sub-committee noted that an application for a review of an existing premises licence had been received which necessitated that the application had to be considered by the sub-committee.

PC Jon Webb from Leicestershire Police, the Trading Standards Manager, the Trading Standards Officer, the Licensing Team Manager and the trainee Solicitor to the sub-committee were present.

Also present was a reporter from the Leicester Mercury.

It was noted that the Premises Licence Holder was not present or represented at the meeting.

The sub-committee agreed that it was in the public interest to proceed with the application for the review of an existing premises licence in the absence of the Premises Licence Holder on the basis that all parties had been given the opportunity to attend and no apologies or reasons for absence had been received.

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

The Licensing Team Manager presented the report. Colour photographs of the exterior of the premises were circulated at the meeting. It was noted that an application for the review of an existing premises licence had been received from Leicestershire Police on 5 July 2016 on the grounds of the prevention of crime and disorder, public safety and the prevention of public nuisance and concerns were raised that the premises had failed to observe the licensing objectives putting the public at risk and the premises was selling high strength alcohol products to the public who then caused crime and disorder, public nuisance and impacted on public safety.

It was also noted that a representation from Trading Standards, Leicester City Council was received on 27 July 2016 on the grounds of the prevention of crime and disorder, public safety and the protection of children and concerns were raised that there was a history of illicit tobacco sales which included a failed test purchase to an underage test purchaser.

The Trading Standards Manager outlined the reasons for their representation and answered questions from the sub-committee.

PC Jon Webb outlined the reasons for the application for the review of an existing premises licence and answered questions from the sub-committee.

With the agreement of those present and in the absence of the Premises Licence Holder, the Licensing Team Manager read a brief statement from the Premises Licence Holder that had been received prior to the hearing.

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

Prior to the sub-committee considering the application the trainee Solicitor to the sub-committee advised 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.

The Licensing Team Manager, the trainee Solicitor to the sub-committee, PC Jon Webb, the Trading Standards Manager, the Trading Standards Officer and the press then withdrew from the meeting.

The sub-committee then gave the application full and detailed consideration.

The trainee Solicitor to the sub-committee was then recalled to the hearing to give advice on the wording of the decision.

The Licensing Team Manager, PC Jon Webb, the Trading Standards Manager, the Trading Standards Officer and the press then returned to the meeting.

The Chair informed all persons present that they had recalled the trainee Solicitor to the sub-committee for advice on the wording of their decision.

RESOLVED

That the existing premises licence for Schnaps, 28 Charles Street, Leicester LE1 3FG be revoked.

The sub-committee commented that after listening carefully to the representations they had come to the decision to revoke the licence as they had a duty to protect the citizens in the city and ensure that all licensing objectives were upheld which the sub-committee felt had not been done in this case as the licence holder had not complied fully with the existing conditions on the licence and the sub-committee did not believe that a change of Designated Premises Supervisor or additional conditions would improve the situation.