Agenda item

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 0116 4546358.

The Director of Neighbourhood and Environmental Services submitted a report that required the sub-committee to determine an objection notice relating to a Temporary Event Notice (TEN) submitted by the applicant Mr Anup Patel for an event at the Mix’d Café Bar, 73b Churchgate, Leicester.

The sub-committee noted that an objection notice had been received in respect of the Temporary Event Notice which necessitated that the Temporary Event Notice had to be considered by the sub-committee.

Mr Anup Patel the applicant, an officer from the Noise Team, the Licensing Team Manager, the Solicitor to the sub-committee and an observing solicitor were present.

The Licensing Team Manager presented the report. It was noted that an objection had been received from the Noise Team on the grounds of the prevention of public nuisance.

The Licensing Team Manager clarified that the application for a Temporary Event Notice related to an event on 26^th August from 2pm until 11pm only and the provision for late night refreshment element was not applicable as the event would finish at 11pm. The sub-committee were also asked to disregard reference at paragraph 7 in the report to the existing premises licence as this application referred to an area outside of the licensed premises area and there was therefore no option of adding conditions to any Temporary Event Notice for that.

The Noise Team officer outlined the reasons for the objection and responded to questions from the sub-committee.

Mr Anup Patel, the applicant, was then given the opportunity to respond to the objection and to outline the reasons for his application. Mr Anup Patel the applicant then answered questions from the sub-committee.

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

Prior to the sub-committee considering the application the Solicitor to the sub-committee advised of the options available to them in making a decision. The sub-committee 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 the sub-committee felt that 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, in accordance with the provisions of the Licensing Act 2003 (Hearings) Regulations 2005.

The Licensing Team Manager, the Noise Team officer, Mr Anup Patel the Applicant, the Solicitor to the sub-committee and the observing solicitor withdrew from the meeting.

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

The Solicitor to the sub-committee together with the observing solicitor was then recalled to the hearing to give advice on the wording of the decision.

The Licensing Team Manager, the Noise Team officer and Mr Anup Patel the Applicant then returned to the meeting.

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

RESOLVED:

That the objection notice given for a Temporary Event Notice: Mix’d Café Bar, 73b Churchgate, Leicester LE1 3AN be disregarded.

In reaching their decision the sub-committee commented that they had listened carefully to the representations and taken into account the Statutory Guidance and the Council’s Licensing Policy. The sub-committee decided that it was appropriate for the promotion of the licensing objective of the prevention of public nuisance not to give the premises user a counter notice.

There being no further business the meeting closed at 12.32pm.