Agenda item

The Director of Neighbourhood and Environmental Services submits a report on an application for a variation of an existing premises licence: Toast Inn, 34 Francis Street, Leicester LE2 2BD.

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 4546358.

(Wards affected: Knighton)

The Director, Neighbourhoods and Environmental Services, submitted a report that required Members to determine an application for a variation of an existing premises licence for Toast Inn, 34 Francis Street, Leicester LE2 2BD.

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

Mr Paul Walsh the applicant, Ms Miles objector and the Noise Team officer were present at the meeting. The Licensing Team Manager and the Solicitor to the Sub-Committee were 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 details of the application. It was noted that four representations had been received from the Noise Team, Leicester City Council and local residents which related to the licensing objectives of prevention of public nuisance and concerns were raised that noise from the premises would impact on neighbouring properties.

Ms Miles outlined the reasons for her representation and answered questions from the sub-committee.

The Noise Team Officer outlined the reasons for the representation and explained that he had met with the applicant and there had been some agreement reached concerning the application for the variation of an existing premises licence and informed the sub-committee of the amendments that the Noise Team would seek to be added. The Noise Team Officer answered questions from the sub-committee.

Mr Paul Walsh, the applicant was then given the opportunity to outline the details of the application, respond to the representations made and answer questions from the sub-committee.

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

It was noted that the sub-committee had also read and taken into account the written representations of the 2 local residents who were not in attendance.

Prior to the sub-committee considering the application the Solicitor to the sub-committee advised the sub-committee of 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 Solicitor to the sub-committee, Mr P Walsh, Ms Miles and the Noise Team Officer then withdrew from the meeting.

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

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

The Licensing Team Manager, Mr P Walsh, Ms Miles and the Noise Team Officer 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

1.    That the application for a variation of an existing premises licence: Toast Inn, 34 Francis Street, Leicester LE2 2BD be granted as sought with the conditions consistent with the operating schedule and subject to the amendments as follows:

(i)            The opening hours Monday to Saturday will be 10am to 11pm and on Sundays 10am to 6pm,

(ii)          No music shall be played in the garden,

(iii)         The garden shall be closed from 10pm Monday to Saturday,

(iv)         All music on the premises shall cease by 11pm Monday to Saturday.

2.    That in relation to Christmas Eve and New Year’s Eve activities and opening times there be no variation and the Applicant be at liberty to submit Temporary Event Notices as necessary.

In reaching their decision the sub-committee commented that after careful consideration and taking account of the representations of the objectors and the applicant they had agreed to vary the licence as sought except for the amendments outlined above. The sub-committee felt that with these conditions on the licence the premises would not be detrimental to the residents and surrounding area.