Agenda item

The Director of Neighbourhood and Environmental Services submits a report on an application for a new premises licence for Suga, 49-53 Granby Street, Leicester, LE1 6EH.

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.

(Wards Affected: Castle)

The Director of Neighbourhoods and Environmental Services submitted a report that required Members to determine an application for a new premises licence for Suga, 49-53 Granby Street, Leicester, LE1 6EH.

Members noted that a representation had originally been received from Leicestershire Police and the Noise Team in respect of the application, which necessitated that the application for a new premises licence had to be considered by Members.

Prior to the Hearing an agreement was made between the applicant and the Noise Team in respect of the application.

The applicant - Mr Jatinda Banga together with his Solicitor - Mr Andrew Cowan and PC Jon Webb from Leicestershire Police were all present at the hearing. Also present was the Licensing Team Manager and the Solicitor to the Sub-Committee with an observing Solicitor.

It was noted that a representative of the Press 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The Licensing Team Manager presented the report and noted the additional report provided by the Police which was not for publication and the recent additional information provided by the applicant in regards to a request to change the Designated Premises Supervisor (DPS). There were no questions.

PC Jon Webb outlined the reasons for the representation and requested to discuss details of the additional information which was not for publication. The Solicitor to the Sub-Committee advised Members that if the discussion were to go ahead, Members may want to consider entering into a private session.

It was then agreed by Members to resume the next part of the hearing in private session. The Sub-Committee were satisfied that the press and public should be excluded from the hearing during representations.

RESOLVED:

that the press and public be excluded from the hearing during representations in accordance with the provisions of Section 100A(4) of the Local Government Act 1972, as amended, because it was likely in view of the nature of the proceedings that exempt information would be disclosed as defined in Paragraphs detailed below of Part 1 of Schedule 12A of the Act, and taking all the circumstances into account it was considered that the public interest in maintaining the information as exempt outweighed the public interest in disclosing the information.

Paragraph 1 – Information relating to an individual.

Paragraph 2 – Information likely to reveal the identity of an individual.

Paragraph 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information).

Paragraph 7 – Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

The representative from the press then withdrew from the meeting.

IN PRIVATE SESSION

PC Webb continued outlining the reasons for his representation and answered questions from Members.

Mr Banga and Mr Cowan 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. An additional document of information was requested to be accepted by Members in support of the applicant’s application. There being no objection by PC Webb, the Sub-Committee agreed to accept the additional information at the hearing.

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, the observing Solicitor, PC Webb, Mr Banga and Mr Cowan (applicants Solicitor) then withdrew from the meeting.

Members then gave the application full and detailed consideration.

The Solicitor to the Sub-Committee with the observing Solicitor were then recalled to the hearing to give advice on the wording of the decision.

IN OPEN SESSION

The Licensing Team Manager, PC Webb, Mr Banga, Mr Cowan and the representative of the press 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 new premises licence for SUGA, 49-53 Granby Street, Leicester, LE1 6EH be refused.

REASONS FOR THE DECISION

In reaching their decision Sub-Committee members said that they had listened carefully to all the representations and taken into account the Statutory Guidance and the Council’s Licensing Policy. Mr Banga was inexperienced in the area of licensing. The details provided for the originally proposed DPS were incorrect as regards her current address and personal licence number. The Sub-Committee noted the 2016 Prohibition Notice served by Leicestershire Fire & Rescue. The Sub-Committee felt the steps proposed in the application for the protection of children from harm were inadequate for a City Centre premises which would be open into the early hours of the morning.

The Sub-Committee’s decision was that, it was appropriate for the promotion of the licensing objectives of the prevention of crime and disorder, public safety and the protection of children from harm to reject the application.